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-2019-00081

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 E3, Rifleman, medically separated for “ankle pain” with a disability rating of 10%. The PEB bundled the left and right ankle conditions and applied a single 10% rating, analogously coded 5299-5003 (arthritis, degenerative). The VA rated the left ankle condition 10%, coded 5271 (ankle, limited motion of), based on the Compensation and Pension examination, citing limitation of motion and functional loss due to pain. There was no VA claim or examination for the right ankle. Based on the service treatment record (STR), undue speculation would be required to conclude that impairment from either ankle would not have unacceptably interfered with the performance of military duties, and so the each ankle condition was reasonably justified as separately unfitting.  While there was no compensable limitation of ankle motion or painful motion recorded for either ankle, there was left ankle functional loss and pain documented by the VA examiner to support a 10%. However, the STR and VA evidence did not support a rating higher than a 0% for the right ankle. As the combined disability rating for separately unfitting left and right ankle conditions provided no benefit to the CI, the panel concluded there was insufficient cause to recommend a change in the PEB adjudication for the bundled bilateral ankle condition.

DEPARTMENT OF THE NAVY
SECRETARY OF nm ?IAVY CO UNCIL OF REVIEW BOARDS
720 KENNON STREET SE STE 309 WASHINGTON NAVY YARD, DC 20374-5023

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

From: Director, Secretary of the Navy Council of Review Boards To:

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
I. Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno change to your characterization of separation or disability rating assigned by the Department of the 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 of Naval Records.