RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXXXXX	CASE: PD-2017-05521
BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20091002

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E2, Quartermaster and Chemical Equipment Repairer, medically separated for “right hip pain” with a disability rating of 10%.

CI CONTENTION: “After surgery I was sent home like the surgeon wanted me to recover.” The complete submission is at Exhibit A.

SCOPE OF REVIEW: The panel’s scope of review is defined in DoDI 6040.44. It is limited to review of disability ratings assigned to those conditions determined by the Physical Evaluation Board (PEB) to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the Medical Evaluation Board (MEB), but determined by the PEB to be not unfitting or non-compensable. Any conditions outside the panel’s defined scope of review, and any contention not requested in this application, may remain eligible for future consideration by the Board for Correction of Military Records. The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate. The panel gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of disability at the time of separation.

RATING COMPARISON:

SERVICE PEB - 20090911	VARD - 20100316	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Hip Pain	5099-5003	10%	Status Post Right Hip Screw Fixation	5299-5252	10%	20091222	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 60%	

Chronic Right Hip Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent right hip surgery in April 2009 due to a torn labral which occurred during basic training. Right hip pain did not subside after physical therapy and activity modification. A MRI with arthrogram was taken in 10 February 2009 and showed a right hip labral tear. Lower extremity pain resolved, except for hip pain. She underwent a debridement of the labral tear on 21 March 2009.

The 17 August 2009 MEB NARSUM examination, 2 months prior to separation, noted complaints of chronic right hip pain. She was not taking any medication. Physical examination revealed mild tenderness to the right femoral triangle but no mechanical locking with hip range of motion (ROM). There was right hip pain with passive internal rotation with hip flexed at 90 degrees. The CI walked with a normal gait. Goniometric-measured right hip flexion was 85 degrees (normal 125), extension was 10 degrees (normal 20), and abduction was 25 degrees (normal 45). Painful motion was elicited.
During the 22 December 2009 VA Compensation and Pension (C&P) examination, 3 months after

separation, the CI reported bilateral hip stiffness, tenderness and pain. She denied locking, effusion, deformity, subluxation and dislocation. She had daily flare-ups precipitated by physical activity which caused limitation of motion due to hip stiffness and difficulty walking or moving the hip. Flare-ups were alleviated by rest. Over the past 12 months the CI reported 4 days of incapacitating episodes. She denied hip weakness, swelling, giving way, lack of endurance, locking, fatigability, deformity, subluxation, and dislocation. She reported she did not experience any overall functional impairment. Physical examination of the right hip showed weakness and tenderness. The CI had both normal gait and tandem gait. ROM measured in degrees was repetitive right hip flexion 105, extension 20, adduction 20 (normal 45), abduction 45, external rotation 50 (normal 45), and internal rotation 35 (no normal). Painful motion was elicited. Leg length was equal right and left and CI did not require assistive devices. There was no ROM loss following repetitive use.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right hip condition 10%, analogously coded 5099-5003 (degenerative arthritis), citing satisfactory evidence of painful motion. The VA also rated the right hip condition 10%, analogously coded 5299-5252 (thigh, limitation of motion), based on the C&P examination, citing painful motion. The panel agreed there was not limitation of motion to support a rating under codes 5250 through 5253, as recorded on the MEB NARSUM and VA ROM examinations. However there was satisfactory evidence of functional loss due to painful motion to support a 10% rating under VASRD §§4.40, 4.45, and 4.59. There was no flail (joint with loss of function) (5254), or femur malunion with the knee or hip or femur fracture under code 5255 to support a higher rating. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was insufficient cause to recommend a change in the PEB adjudication for the right hip condition.

BOARD FINDINGS: In the matter of the right hip condition and IAW VASRD §4.71a, the panel recommends no change in the PEB adjudication. There are no other conditions within the panel’s scope of review for consideration. Therefore, the panel recommends no modification or re- characterization of the CI’s disability and separation determination.

2	PD-2017-05521

ARXXXXXXXXXXX, XXXXXXXXXXXXXXXX 

Dear XXXXXXXXXXXX:

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation.  I regret to inform you that your application to the DoD PDBR is denied.  

	This decision is final.  Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.