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 XXXXXXXXXXXXX Case Number PD-2020-00044

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 Navy. 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 E4, Support Equipment Tow Tractor Technician, medically separated for “left ankle joint traumatic arthropathy” with a disability rating of 10%. The PEB rated the left ankle condition 10%, coded 5271 (ankle, limited motion), and listed left calf atrophy as a Category II diagnosis related to the left ankle condition; however, this condition was not separately ratable in IAW §4.14 (avoidance of pyramiding; more than one rating based on the same impairment is prohibited). The VA rated the left ankle condition 0%, also coded 5271, based on the Compensation and Pension (C&P) examination, citing no evidence of moderate limited ankle motion. While the C&P examination carried the greatest probative value for rating since it was more thorough and closest to separation, a rating lower than that adjudicated by the PEB is not permitted. 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 ankle condition.

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
6040
CORB:003 14 May 21

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

Subj:	Physical Disability Board of Review Determination Ref:	(a) 6040.44(Series)
1.	The Physical Disability Board of Review (PBDR) reviewed your case in accordance with reference
(a) and forwarded their recommendation for action.

2.	On 23 April 2021 the Assistant Secretary of the Navy (Manpower and Reserve Affairs) accepted the PDBR’s recommendation of no change to your characterization of separation or disability rating assigned.

3.	The PDBR determination is final and not subject to appeal or review.