DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

SAF/MRBD (PDBR)
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

MEMORANDUM FOR THE ASSISTANT SECRETARY OF THE NAVY, MANPOWER
AND RESERVE AFFAIRS

SUBJECT: Physical Disability Board of Review Recommendation on Case Number PD-2017-06101

In accordance with Title 10 § 1554a and in compliance with DoDI 6040.44, the Physical Disability Board of Review (PDBR) adjudicated the disability rating accompanying the medical separation of the covered individual (CI) from the United States Marine Corps. After carefully reviewing the application and medical separation case file, the PDBR recommended no re-characterization of the separation or modification of the disability rating previously assigned. I recommend you accept this proposed decision.

The CI was an active duty E5, Fixed-Wing Aircraft Airframe Mechanic, medically separated for “osteoarthritis of the metatarsal phalangeal [MTP] joint, first [great] toe, left foot pain” with a disability rating of 20%. The PEB rated the left foot/great toe condition 20%, analogously coded 5299-5283 (tarsals or metatarsals, malunion or nonunion), and listed “fusion, left first interphalangeal [IP] joint fusion” and “psuedoarthrosis, left first IP joint” as Category II conditions. These related diagnoses were appropriately subsumed in the rated unfitting condition IAW VASRD §4.14 (avoidance of pyramiding). The VA rated the left foot/toe condition 10%, coded 5010-5284 (traumatic arthritis rated as ‘foot condition, other’), based on the Compensation and Pension examination, citing the applicable “moderate” criterion under that code. A 20% rating, but no higher, under analogous code 5283 for metatarsal bone injuries was a reasonable choice in this case as it is fairly specific for the clinical pathology and offers criteria for rating of a “moderately severe” disability.  Alternate rating code 5284 was also justifiable, but offered no benefit to the CI as it offers an identical rating scale as code 5283. There was no criterion in evidence for a higher rating under any applicable VASRD §4.71a foot or joint code. 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 left foot/great toe condition.

Sincerely,

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

From: Director, Secretary ofthe Navy Council ofReview Boards To:	XXXXXXXXXXXXX
Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44

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

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department ofthe Navy on 13 Aug 2020 for appropriate action.
2.	On 27 August 2020, the Assistant Secretary ofthe Navy (Manpower & Reserve Affairs) accepted the recommendation ofthe PDBR ofno change to your characterization ofseparation or disability rating assigned by the Department ofthe 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 ofNaval Records.