RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXXXXXX	CASE: PD‐2017‐06020
BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20050811

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Basic Trainee, medically separated for “chronic left foot pain” with a disability rating of 10%.

CI CONTENTION: In addition to reviewing all PEB conditions, the CI also requested review of additional conditions 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 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 ‐ 20050728	VARD ‐ 20070912	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Left Foot Pain	5099‐5003	0%	Left Foot Stress Fractures	5284	10%	20070716	
COMBINED RATING: 0%	COMBINED RATING OF ALL VA CONDITIONS: 10%	

ANALYSIS SUMMARY:

Chronic Left Foot Pain. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s foot condition began during basic training. The 4 May 2005 primary care examination revealed an antalgic gait and plantar pain with dorsiflexion. The 11 May 2005 podiatry examination noted complaints of left foot pain and a diagnosis of calcaneal stress fracture. Radiographs showed healing fractures involving the bases of the first and fifth metatarsals and posterior calcaneus. The 28 June 2005 MEB NARSUM examination, 2 months prior to separation, noted complaints of left foot pain. Physical examination revealed mild swelling of the left foot and tenderness over the base of the first and fifth metatarsals and heel. 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 foot condition 0%, analogously coded 5003 (arthritis, degenerative), citing light and intermittent pain IAW with the US Army Physical Disability Agency pain policy. Panel members agreed the evidence supported a 10% rating for metatarsalgia, coded 5279

(metatarsalgia, unilateral or bilateral). The panel considered other foot and analogous codes, but all were less applicable or not advantageous to rating. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 10% for the left foot condition, coded 5279.

BOARD FINDINGS: In the matter of the chronic left foot pain, the panel recommends a disability rating of 10%, coded 5279 IAW VASRD §4.71a. There are no other conditions within the panel’s scope of review for consideration.

The panel recommends the CI’s prior determination be modified as follows, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Chronic Left Foot Pain	5279	10%	

2	PD‐2017‐06020

DEPARTMENT OF THE ARMY
ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385
ARLINGTON, VA 22202-3531

AR20200003941, 

Dear XXXXXXXXXXXXXXXX:

The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found that your disability rating should be modified but not to the degree that would justify changing your separation for disability with severance pay to a permanent retirement with disability. I have reviewed the Board’s recommendation and record of proceedings (copy enclosed) and I accept its recommendation. This will not result in any change to your separation document or the amount of severance pay. A copy of this decision will be filed with your Physical Evaluation Board records. I regret that the facts of the case did not provide you with the outcome you may have desired.

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.

A copy of this decision has also been provided to the Department of Veterans Affairs.

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