NAME: XXXXXXXXXXX

RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

CASE: PD-2020-00145

BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20050801

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Patient Administration Specialist, medically separated for “chronic right hip pain” with a disability rating of 0%.

CI CONTENTION: Review requested of the right hip condition. 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 Medical Evaluation Board (MEB), but determined by the Physical Evaluation Board (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 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 - 20050519	20060424	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Hip Pain	5099-5003	0%	Right Hip Bursitis Strain	5099-5019	10%	20060124	
Adjustment Disorder
with Depressed Mood	Not Unfitting	Depression, Anxiety Disorder	9434	10%	20060117	
COMBINED RATING: 0%	COMBINED RATING OF ALL VA CONDITIONS: 20%	

ANALYSIS SUMMARY:

Chronic Right Hip Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s hip condition began in March 2003 after physical training. Treatment with anti-inflammatory medication, steroid injections, and physical therapy (PT) failed to allow return to duty in her specialty. During the 26 January 2005 MEB examination (recorded on DD Forms 2807-1 and 2808), 7 months prior to separation, the CI reported right hip pain. Physical examination revealed tenderness over the greater trochanter, and decreased range of motion (ROM) in extreme abduction/adduction.

The 1 March 2005 MEB NARSUM examination, 5 months prior to separation, noted complaints of constant aching right hip pain at the greater trochanter. The pain worsened with running, jumping, walking more than half a mile, sitting in the same position for too long, or climbing stairs. Physical examination showed tenderness over the right greater trochanter and painful motion of the hip. Hip extension and abduction demonstrated normal ROM; however, external rotation was 34 degrees (normal 45). There was full motor strength) throughout the lower extremities. Radiographic studies (X-rays) on 23 March 2005 were normal. Repeat X-rays in

February 2006, a month before the VA Compensation and Pension (C&P) examination, showed no significant abnormality of the right hip. At the 24 January 2006 C&P examination, 6 months after separation, the CI reported constant right hip pain and locking. Physical examination showed normal posture and gait, and no evidence of inflammation, including no tenderness about the right hip. There was full right hip ROM. Additional limitation after repetitive use, fatigue, weakness, or lack of endurance was not found to limit function.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right hip condition 0%, analogously coded 5003 (degenerative arthritis), citing pain and slight loss of motion. The VA rated the right hip bursitis condition 10%, analogously coded 5019 (bursitis), based on the C&P examination, citing painful or limited motion. There was no limitation of motion which supported a compensable rating under the diagnostic codes for limitation of thigh flexion, extension, or thigh impairment (5251, 5252, and 5253). There was no evidence of a pelvic fracture for an alternative fracture rating. However, panel members agreed, there was evidence of painful motion demonstrated during the NARSUM causing functional loss supporting the 10% rating (based on VASRD §§4.59, 4.40 and 4.45). After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 10% for the right hip condition, analogously coded as 5003.

Contended PEB Condition: Adjustment Disorder with Depressed Mood. 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 profiled or implicated in the commander’s statement, and per psychiatric evaluation, the condition did not fail retention standards. At the time of separation, adjustment disorder did not constitute a physical disability and was therefore, not compensable, IAW DoDI 1332.38.E4.13.1.4. 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.

BOARD FINDINGS: In the matter of the right hip pain, the panel recommends a disability rating of 10%, coded 5099-5003 IAW VASRD §4.71a. In the matter of the contended adjustment disorder with depressed mood condition, the panel recommends no change from the PEB determination as not unfitting. There are no other conditions within the panel’s scope of review for consideration.

The panel recommends the CI’s prior determination be modified as follows, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Chronic Right Hip Pain	5099-5003	10%	

The following documentary evidence was considered:

2	PD-2020-00145

AR20210005021,

DEPARTMENT OF THE ARMY
ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385
ARLINGTON, VA 22202-3531

Dear XXXXXXXXXXXXX

The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found that your disability rating should be modified but not to the degree that would justify changing your separation for disability with severance pay to a permanent retirement with disability. I have reviewed the Board’s recommendation and record of proceedings (copy enclosed) and I accept its recommendation. This will not result in any change to your separation document or the amount of severance pay. A copy of this decision will be filed with your Physical Evaluation Board records. I regret that the facts of the case did not provide you with the outcome you may have desired.

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.

A copy of this decision has also been provided to the Department of Veterans Affairs.

Sincerely,

Enclosure

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