RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:	CASE:  PD-2017-0556	8
BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20021115
SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was a Reserve E3, Electrical Equipment Repair Specialist, medically separated for “right femoral neck stress fracture,” with a disability rating of 10%.
CI CONTENTION: No specific contention was made. 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 - 20020826	VARD - 20021122	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Femoral Neck Stress Fracture	5255	10%	Status Post Right Femoral Neck Stress Fracture	5252	0%	20020924	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 0%	

ANALYSIS SUMMARY:

Right Femoral Neck Stress Fracture. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s right hip condition acutely began in April 2002 associated with running but without specific trauma. A bone scan performed in June 2002 revealed a stress fracture at the neck of the right femur. Surgical intervention was not indicated. Pursuant to persistent right hip pain made worse with weight-bearing activities, he was placed on limited duty and referred to the MEB.

The 9 July 2002 MEB NARSUM examination, 4 months prior to separation, detailed a chronology of the CI’s condition. There was no new or additional adverse symptom endorsement from the CI. The physical examination (PE) revealed pain with internal and external rotation of his right hip. Range of motion (ROM) measurements were not documented.

At the 24 September 2002 VA Compensation and Pension (C&P) examination, 2 months prior to separation, the examiner documented the following: “Basically the only thing that bothers [the CI] now is that he has some discomfort in his hip from time to time on the left, but it has not

curtailed his ability to run or perform any physical exercise. He denies any decrease in ROM or flexibility and it has not curtailed his overall function.” His PE revealed normal and equivalent hip ROM without pain. Additionally, gait and stance were normal, including heel and toe walking. The examiner added, “He is able to perform repetitive squatting, as well as alternate leg hopping without difficulty.”

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right femoral neck stress fracture condition 10%, coded 5255 (femur impairment). The VA rated the same condition 0%, coded 5252 (limitation of thigh flexion), based on the STR and C&P examination, citing medical reports including X-rays in service showing treatment for a right femoral neck stress fracture, however, there was no additional pain, fatigue, weakness, lack of endurance, or incoordination related to this condition at the C&P examination.

The panel noted that 2 months prior to separation VA-measured ROMs were non-compensable according to VASRD criteria. Panel members agreed sufficient evidence of painful motion was present at 4 months prior to separation and therefore, supported a VASRD §4.59 maximum 10% rating. There was no clinical evidence of ankylosis or nonunion/malunion of any component of the hip/thigh under VASRD §4.71a that would yield a rating greater than described above. 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 femoral neck stress fracture.

BOARD FINDINGS: In the matter of the right femoral neck stress fracture 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.

The following documentary evidence was considered:

2	PD-2017-05568

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DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

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IN REPLY REFER TO:
1850
CORB: 003
10 Sep 20

From: Director, Secretary of the Navy Council of Review Boards To:

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
I. Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.