RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-05532
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20091013

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Military Police, medically separated for “right hip pain” with a disability rating of 10%.   

CI CONTENTION:  Review requested of an additional condition not identified by the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB).  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 PEB to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the 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’s assessment of the PEB rating determination is based on review of medical records and all available evidence relevant to application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards for the unfitting medical condition(s) at the time of separation.  The panel has neither the role nor the authority to compensate for post-separation progression or complications of service-connected conditions; that role and authority is granted by Congress to the Department of Veterans Affairs, which operates under a different set of laws.  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 – 20090810	VARD – 20100201	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Hip Pain	5099-5003	10%	Degenerative Joint Disease Tendonitis and Labral Tear, Right Hip 	5252	10%	20100105	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  40%	

ANALYSIS SUMMARY:  

Right Hip Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s right hip pain began in June 2008 without a history of trauma.  Despite physical therapy, the pain persisted, and an April 2009 MRI revealed a focal detachment of the anterior labrum.  The 5 June 2009 MEB examination (recorded on DD Forms 2807-1 and 2808), 4 months prior to separation, showed decreased right hip range of motion with facial grimace (painful motion).  The 23 July 2009 MEB NARSUM examination, 3 months before separation, noted complaints of right inguinal pain.  Physical examination showed an antalgic gait, right hip tenderness, and repetitive flexion to 100 degrees (normal 125) and extension to 0 degrees (normal 20); painful motion was not addressed.

At the 5 January 2010 VA Compensation and Pension (C&P) examination, 3 months after separation, the CI reported chronic, dull right hip pain.  The examiner noted that he limped on the right leg.  Flexion was to 90 degrees and extension to 20 degrees, with painful motion. 

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 (arthritis, degenerative), citing satisfactory evidence of painful motion.  The VA also rated the right hip condition 10%, coded 5252 (thigh, limitation of flexion), based on the C&P examination, citing evidence of painful motion.  Members agreed that there was limitation of motion to support a 10% rating under diagnostic code 5251 (thigh, limitation of extension), as recorded on the MEB NARSUM examination proximate to separation.  Alternatively, there was sufficient evidence of painful motion with functional loss to support a 10% rating (based on §4.59, §4.40 and §4.45).  There was no fracture, nonunion or malunion of the femur or tibia to support consideration under the respective codes for knee impairment related to long bone conditions (5255).  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.

AR20190006194, XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX

	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.