RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXXX	CASE: PD-2017-06066
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20060410

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Machinist Mate, medically separated for “right leg pain” with a disability rating of 0%.

CI CONTENTION: There is continual, constant pain in the right ankle and right lower leg. 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 - 20060126	VARD - 20061002	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Leg Pain	5299-5003	0%	Healed Fracture of Right Tibia/Fibula with Patellofemoral Syndrome, Callus Formation and
Chronic Pain	
5262	
10%	
20060829	
Status Post (S/P)
Intramedullary Nailing of Right Tibia Fracture	Cat II					
COMBINED RATING: 0%	COMBINED RATING OF ALL VA CONDITIONS: 20%	

ANALYSIS SUMMARY:

Right Leg Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent an intramedullary rodding of a right tibial shaft fracture in June 2004.   A  second  surgery  to  remove  implanted  hardware  occurred  in  August  2005.   The  20 December 2005 MEB NARSUM examination, 4 months prior to separation, noted complaints of ongoing pain around the region of his prior fracture site as well about the right knee. The physical examination (PE) revealed a slight antalgic gait favoring the right side. Tenderness was present over the mid-aspect of the right lower leg. Both lower extremities were neurovascularly intact. The right knee examination revealed flexion to 130 degrees (normal 140). Joint instability was not present. X-rays revealed the following: “a well-healed fibular shaft fracture as well as a tibial shaft fracture with intramedullary nails still in place with interim removal of his interlocking screws. There is still one screw distally.” At the 29 August 2006 VA Compensation and Pension (C&P) examination, 4 months after separation, the CI reported constant pain in the right lower

leg. The CI endorsed that the functional impairment from his right leg condition was a diminished ability to run. The PE was thorough and completely normal.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right leg pain condition 0%, analogously coded 5299-5003 (degenerative arthritis). The PEB also listed status post (s/p) intramedullary nailing of right tibia fracture condition as a related Category II diagnosis contributing to the primary disability in this case. The panel concluded the Category II diagnosis was not a separate condition which could be reasonably justified as separately unfitting; nor would separate ratings be achievable without violation of VASRD §4.14 (avoidance of pyramiding). The VA rated the right leg condition 10%, coded 5262 (tibia, impairment), based on the C&P examination, citing malunion of the tibia and fibula with slight knee or ankle disability. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded that the minimal adverse physical findings of near normal knee joint range of motion coupled with lower leg tenderness as seen at the MEB examination would support the minimum analogous rating under code 5262for slight knee disability. Therefore, the panel recommends a disability rating of 10% for the right leg condition.

BOARD FINDINGS: In the matter of the right leg pain, the panel recommends a disability rating of 10%, coded 5299-5262 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	
Right Leg Pain	5299-5262	10%	

2	PD-2017-06066

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

IN REPLY REFER TO:
1850
CORB:003 12 Oct 20

From:	Director, Secretary of the Navy Council of Review Boards To:	
Subj:	PHYSICAL DISABILITY BOARD OF REVIEW {PDBR) Ref:	{a) DoDI 6040.44
{b) PDBR ltr of 24 Feb 20

1.	Pursuant to reference {a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy for appropriate action.

2.	On 7 October 2020, the Assistant Secretary of the Navy {Manpower & Reserve Affairs) took action in your case by accepting the recommendation of the PDBR. Accordingly, your records will be corrected to reflect an increase in the disability rating awarded by the Department of the Navy Physical Evaluation Board {PEB) from 0% to 10% without re-characterization of your discharge.

3.	For your information, since all disability ratings from 0% to 20% qualify for disability severance pay, the above stated increase will not result in your entitlement to additional compensation.

4.	The Assistant Secretary's determination, which represents final action in your case by the Department of the Navy, has been forwarded to the Navy Personnel Command for appropriate changes to your personnel records and notification to you upon completion.