RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXX		CASE: PD-2017-06114 BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20050901

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Cannon Crewmember, medically separated for “chronic pain status post [S/P] pelvic fracture” with a disability rating of 10%.

CI CONTENTION: In addition to the left hip and condition, 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’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 - 20050615	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Pain S/P Pelvic Fracture	5099-5003	10%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

Chronic Pain S/P Pelvic Fracture. According to the service treatment record and MEB narrative summary (NARSUM), the CI sustained a left ilium (hip) fracture in July 2001 treated initially with external fixation, but on 8 August 2001 the CI underwent open reduction and internal fixation of the fracture. The CI subsequently underwent 3 debridement procedures secondary to infection. The 22 March 2005 MEB NARSUM examination, 5 months prior to separation, noted complaints of chronic left hip pain that increased with physical activities. The range of motion (ROM) study showed 53 degrees of left hip flexion (normal 125), 16 degrees of hip extension (normal 20), 18 degrees  of  hip  abduction  (45  degrees)  and  9  degrees  external  rotation  (45  degrees).  The

examiner did not address painful motion. 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 5003 (degenerative arthritis), citing the US Army Physical Disability Agency pain policy. There was no left hip limitation of motion which supported a rating higher than the PEB’s 10% rating under any diagnostic code for limitation of motion (5252, 5251, and 5253). However, there was evidence of pain with use and functional loss supporting a 10% rating (based on §4.40 and §4.45). After due deliberation, considering all of 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 hip condition.

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-2017-06114 

XXXXXXXXXXXXXX 

Dear XXXXXXXXXXX

	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-2017-06114

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