RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXX	CASE: PD-2017-05655
BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20060904

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Automated Logistics Specialist, medically separated for “chronic right groin and hip pain” with a disability rating of 10%.

CI CONTENTION:  “Review all conditions.”  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’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 - 20060710	VARD - 20070222	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Groin and Hip Pain	5099-5003	10%	Right Inguinal Iliopsoas Sprain	5253	0%	20060725	
Right Ovarian Cancer, Dysgerminoma, Stage I	Not Unfitting	Ovarian Cancer Dysgerminoma,	7627-7619	0%	20060725	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 20%	

ANALYSIS SUMMARY:

Chronic Right Groin and Hip Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s chronic right groin and hip pain began around December 2003 after running during physical training. Despite five steroid injections in the hip and meloxicam (non- steroidal medication used for osteoarthritis), she experienced only minimal relief. A bone scan in 2003 and MRI in 2005 were both within normal limits, and surgery was not indicated.

The 11 May 2006 MEB NARSUM examination, 4 months prior to separation, noted CI complaints of chronic right hip and groin pain for 3 years. The examiner noted a normal gait with tenderness to the right groin, but not in the trochanteric area. Muscle strength was 5/5, sensory function was intact and reflexes were at 2/4. Active range of motion (ROM) was “good” for flexion, extension, abduction, adduction, and “normal” for internal and external rotation.

At the 22 February 2007 VA Compensation and Pension (C&P) examination, 5 months after separation, the CI reported chronic right hip/groin pain. Physical examination showed normal posture and gait, and no pain on palpation over the greater trochanter. There was point tenderness over right inguinal area, but no palpable lymph nodes or masses, and no edema, increased heat or color change. Right hip ROM revealed flexion of 140 degrees (normal 125) and abduction of 65 degrees (45 normal); extension was not reported. After repetition, there was no change in ROM because of pain, fatigue, weakness, lack of endurance or incoordination.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right groin/hip condition 10%, coded 5099-5003 (arthritis, degenerative), citing slight and constant pain with likely application of the US Army Disability Agency pain policy. The VA rated the right groin/hip condition 0%, coded 5253 (thigh, impairment of), based on the C&P examination, citing the right hip ROM was “similar to the un-inured left hip” warranted a non- compensable evaluation. Panel members agreed there was no compensable ROM impairment under codes 5251 (limitation of extension), 5252 (limitation of flexion) or 5253, and thus no VASRD §4.71a rating higher than 10%. 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 groin/hip condition.

Contended PEB Condition: Right Ovarian Cancer, Dysgerminoma Stage I. The panel’s main charge is to assess the fairness of the PEB determination that the contended condition was not unfitting. There was no performance-based evidence from the record that the condition significantly interfered with satisfactory duty performance at separation and the PEB noted there had been no evidence of disease for 2 years. After due deliberation, the panel concluded there was insufficient cause to recommend a change in the PEB fitness determination for the contended condition, so no additional disability rating is recommended.

BOARD FINDINGS: In the matter of the right groin/hip condition and IAW VASRD §4.71a, the panel recommends no change in the PEB adjudication. In the matter of the contended right ovarian cancer condition, the panel recommends no change from the PEB determinations as not unfitting. 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-2017-05655

ARXXXXXXXXXXX, XXXXXXXXXXXXXXXX 

Dear XXXXXXXXXXXXXXX

	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.

Sincerely,					      

Enclosure

PD-2017-05655