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-2020-00031

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 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 covered individual (CI) was an active duty E3, Basic Marine, medically separated for “nonunion of left fibular sesamoid fracture” with a disability rating of 10%. The PEB analogously coded 5280 (hallux valgus, unilateral) and also listed chronic pain and “physical findings also consistent with turf toe, or a strain of the capsular of first metacarpophalangeal joint” as related Category II diagnoses contributing to the disability in this case. The panel concluded the Category II diagnoses were not separate conditions which could be reasonably justified as separately unfitting; nor would separate ratings be achievable without violation of VASRD §4.14 (avoidance of pyramiding). The narrative summary noted the CI had minimal tenderness in the area of the toe but no swelling or weakness. The CI was not able to perform high impact duties but was able to march in formation up to 30 minutes and could perform office work with an average performance. The panel agreed there was no evidence of disability to meet criteria for a higher rating (severe) under 5284 code nor was there evidence of a moderately severe disability to obtain a higher 20% rating under the 5283 code (nonunion). 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 condition.

In the matter of the contended allergic rhinitis, the panel’s main charge is to assess the fairness of the PEB determination that the contended condition was not unfitting. The contended condition was not noted on limited duty forms or implicated in the non-medical assessment, and did not fail retention standards. There was no performance-based evidence from the record that the condition significantly interfered with satisfactory duty performance at separation. After due deliberation, the panel concluded there was insufficient cause to recommend a change in the PEB fitness determination for the contended condition, so no additional disability rating is recommended.

2	PD-2020-00031

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

IN REPLY REFER TO,
1850
CORB: 003
10 Sep 20
From: Director, Secretary ofthe Navy Council ofReview Boards To:	XXXXXXXXXXXXX
Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
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.