RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXX	CASE:  PD-2017-05607
BRANCH OF SERVICE:  army	SEPARATION DATE:  20050816

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was a Reserve E1, Aircraft Mechanic, medically separated for “chronic pain left hip” with a disability rating of 10%.

CI CONTENTION:  Left hip condition continues to worsen and negatively impact daily activities.  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 Physical Evaluation Board (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 - 20050630	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Pain Left Hip	5099-5003	10%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:

Chronic Right Hip Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent a left hip pinning surgery in July 2004 after imaging demonstrated a stress fracture of the femoral neck, which may have occurred during basic training.  Despite surgery, the left hip pain continued.  A clinical examination on 20 July 2004 revealed “full” range of motion (ROM) of both hips with no painful motion.  At the 25 March 2005 MEB NARSUM examination, 5 months before separation, the CI reported continue left hip pain which was aggravated by running, jumping, and prolonged standing or walking.  The physical examination revealed tenderness about the left hip.  Left hip ROM was measured in a passive manner and thus not in accordance with VASRD guidelines; however, painful motion was present.  There was no VA examination proximate to separation in evidence. 

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the left hip condition 10%, analogously coded 5099-5003 (arthritis, degenerative), citing the US Army Physical Disability Agency pain policy.  Although there was no evidence of functional loss supporting a 10% rating (based on §4.40 and §4.45), panel members agreed that the PEB’s 10% impairment rating was justified and clearly supported by §4.59 (painful motion).  The pre-separation examinations did not demonstrate any further impairment to the adjacent femur bone to support a higher rating under code 5255.  After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded that there was insufficient cause to recommend a change in the PEB adjudication.   

BOARD FINDINGS:  In the matter of the left 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.  

PD-2017-05607

AR20190009426, XXXXXXXXXXXXXX 

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.

PD-2017-05607