RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1101083 SEPARATION DATE: 20070629
BOARD DATE: 20130123
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SSG/E‐6 (92W30/Water Treatment Specialist),
medically separated for chronic right knee pain, status post (s/p) three surgical procedures.
The CI originally injured her right knee during a sports day in 2002 while playing football. She
continued to have knee pain and was on physical profile on and off through 2005. She
subsequently had three knee procedures, but was still unable to meet the physical
requirements of her Military Occupational Specialty or satisfy physical fitness standards. She
was issued a permanent L3 profile and referred for a Medical Evaluation Board (MEB). Left
knee pain/tendonitis, bilateral carpal tunnel release, left ankle pain, and back pain conditions,
identified in the rating chart below, were also identified and forwarded by the MEB. The
Physical Evaluation Board (PEB) adjudicated the chronic right knee pain condition as unfitting,
rated 10%, with application of the US Army Physical Disability Agency (USAPDA) pain policy.
The remaining conditions were determined to be not unfitting. The CI made no appeals, and
was medically separated with a 10% disability rating.
CI CONTENTION: “My health conditions due to my right knee, have only gotten worse. The
conditions that was found not unfitting during the board decision (back pain) which should
have been worded as Lumbar strain. All health conditions found unfit has worsen to the point, I
am disable and cant not work, due to all my health conditions.”
SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in DoDI
6040.44, Enclosure 3, paragraph 5.e.(2) is limited to those conditions which were determined
by the PEB to be specifically unfitting for continued military service; or, when requested by the
CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The ratings
for unfitting conditions will be reviewed in all cases. The left knee pain/tendonitis, bilateral
carpal tunnel release, left ankle pain, and back pain conditions requested for consideration and
the unfitting chronic right knee pain condition meet the criteria prescribed in DoDI 6040.44 for
Board purview, and are accordingly addressed below. Any conditions or contention not
requested in this application, or otherwise outside the Board’s defined scope of review, remain
eligible for future consideration by the Army Board for Correction of Military Records.
RATING COMPARISON:
Service IPEB – Dated 20070515
Sacroilitis
Carpal
Not Unfitting
Ratin
g
10%
Code
5099‐
5003
Not Unfitting
Rati
ng
Cod
e
5260 10%
5260 10%
8515 10%
8515 10%
Exam
200711
28
200711
28
200711
28
200711
28
200711
28
VA (~5 Mos. After Separation) – All Effective Date
20070630
Condition
Right Knee s/p surgery
Left Knee Osteoarthritis
Left Wrist Carpal Tunnel
Right Wrist Carpal Tunnel
No VA Entry
Bilat.
w/
Lumbar Strain
Not Service Connected x 4
Combined: 40%
Condition
Chronic Right Knee
Pain
Left Knee Pain /
Tendonitis
Bilateral
Tunnel Release
Not Unfitting
Left Ankle Pain
Back Pain
Not Unfitting
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
Original rating decision 20080311.
ANALYSIS SUMMARY:
Chronic Right Knee Pain Condition. The narrative summary (NARSUM) notes the CI originally
injured her right knee during a sports day in 2002 while playing football. She had continued to
have knee pain and was on physical profile on and off through 2005. She subsequently had
three knee procedures, including the initial knee surgery to repair the lateral meniscus and
reconstruction of the lateral collateral ligament in July 2005, a repeat lateral collateral
reconstruction in November 2005 after the CI reinjured the knee when she stepped in a hole,
and finally with the removal of the orthopedic hardware on 14 November 2006. There were
two goniometric range‐of‐motion (ROM) evaluations in evidence, with documentation of
additional ratable criteria, which the Board weighed in arriving at its rating recommendation; as
summarized in the chart below.
5237 10%
Right Knee ROM
(Degrees)
Flexion
Normal)
Extension
Normal)
(140
(0
Comment
§4.71a Rating
MEB ~3 Mos. Pre‐Sep
(20070205)
125
0
Pain limited
Antalgic gait
No instability
Negative
signs
10%
meniscus
VA C&P ~5 Mos. Post‐
Sep
(20071128)
34
‐3
Painful motion.
No instability
Negative meniscus signs
Gait normal
10%
The physical therapy (PT) ROM examination for the MEB, 5 February 2007, is recorded in the
chart. There was mild loss of flexion and an antalgic gait. The active and passive ROM
evaluations were limited by pain. She was able to squat 1/4 of the normal range as limited by
pain. She was able to stand on her toes and heels, but less on the right compared to the left.
Strength in the right knee was 4/5 as compared to 5/5 on the left, and limited by pain and by
effort as indicated by the clinical evaluation. A clinic visit on 16 March 2007 for shoulder pain
revealed normal gait, stance, and posture. On examination at the time of the NARSUM dated
2 PD1101083
27 March 2007, the CI’s knee was neurovascularly intact, without swelling or effusion. She had
a near normal active flexion to 125 degrees. There was some pain with patellar grind
consistent with chondromalacia. There were no signs of meniscus pathology or instability. X‐
rays showed early signs of compartment arthrosis, but were otherwise normal. On the VA
Compensation and Pension (C&P) examination performed approximately 5 months post‐
separation, the CI was using a brace for ambulation. Gait was recorded as normal. The right
knee function was reported as limited by pain after repetitive use. The right knee had crepitus
on examination. There were no signs of edema, effusion, weakness, tenderness, guarding of
movement, or instability. ROM was limited in flexion per the chart. There was no reported
injury or cause for the marked reduction in flexion since the MEB examination.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB rated the unfitting right knee condition with application of the USAPDA pain policy. The VA
rated the right knee condition 10% based on limitation of motion shown on the C&P
examination. The ROM documented at the time of the MEB was non‐compensable, however
the painful motion and limited function supports 10% rating with application of §4.59. There
was no instability or dislocated meniscus for consideration of a rating under the respective
codes (5257, 5258). After due deliberation, in consideration of the totality of the evidence, and
IAW §4.3 (Resolution of reasonable doubt) and §4.59 (Painful motion), the Board concluded
that there was insufficient cause to recommend a change in the PEB adjudication for the right
knee condition.
Contended PEB Conditions. The contended conditions adjudicated as not unfitting by the PEB
were left knee pain, s/p bilateral carpal tunnel release, left ankle pain, back pain. The Board’s
first charge with respect to these conditions is an assessment of the appropriateness of the
PEB’s fitness adjudications. The Board’s threshold for countering fitness determinations is
higher than the VASRD §4.3 (Resolution of reasonable doubt) standard used for its rating
recommendations, but remains adherent to the DoDI 6040.44 “fair and equitable” standard.
Left Knee Pain / Tendonitis. The CI had a history of intermittent left knee pain since 1991. In
2002, the CI injured the left knee playing sports. Magnetic resonance imaging (MRI) of the left
knee performed in October 2002 showed mild patellofemoral chondromalacia with intact
menisci, cruciate ligaments and collateral ligaments. Repeat MRI in March of 2004 showed
minimal degenerative changes involving the posterior horn of the medial meniscus but
otherwise negative MRI. Evaluation by orthopedic surgery concluded examination was
consistent with patellofemoral syndrome. The NARSUM notes that the CI reported the injuries
from the right knee resulted in pain in the left knee. The left knee examination at the time of
the MEB showed a ROM of 0 degrees in extension and 130 degrees in flexion, normal strength,
sensation, strength on standing on toes and heels and normal ambulation. There were no signs
of meniscal pathology. There were signs of involvement of the patella consistent with
patellofemoral syndrome. A clinic visit on 16 March 2007 noted normal gait, stance, and
posture. The Board noted that although the CI continued to have left knee pain, she was
otherwise found to have normal examination. Although right knee problems as noted above,
overshadowed problems with the left knee, there was not a preponderance of evidence
supporting the left knee alone was severe enough to interfere with performance of duty.
Bilateral Carpal Tunnel Release Condition. The CI had a right carpal tunnel release procedure
performed in 1997 and continued to perform duties despite continued sensitivity of the right
wrist. She subsequently developed carpal tunnel syndrome on the left side and underwent
carpal tunnel release surgery in December 2004. Post‐procedure, the symptoms were almost
completely gone. An occupational therapy note in January of 2005 noted swelling of left hand,
normal ROM and recommended scar massage and ROM exercises. In October 2005, the service
treatment records (STR) notes that the bilateral wrist pain continued with bilateral mild Tinel’s
and Phalen’s signs. Sensation was normal objectively and reduced subjectively. The MEB
3 PD1101083
examination 7 March 2007 noted wrist pain off and on for 11 years that interfere with gripping
and pushups. On examination strength and ROM of the wrists were normal. The Board noted
that although the CI continued to have bilateral wrist pain and tingling sensation, there was no
significant finding of neuropathy or loss of strength. Physical profiles show no limitation of use
of the upper extremities. There are no notations in the CI’s commander statement for neither
inability to use the wrists nor inability to perform her military or deployment duties with
respect to her wrists condition.
Left Ankle Pain Condition. The MEB history and physical examination on 7 March 2007 records
a 2‐year history of off and on left ankle pain. Review of the STR notes a history of right ankle
sprains in 1995. A clinic note on 24 May 2005 notes no ankle pain, swelling nor stiffness. Ankle
examination was normal. There are no other specific ankle notations available in the service
treatment record.
Back Pain Condition. The CI had a history of recurrent low back pain (LBP) noted in the STRs
since 1993. The MEB examination 7 March 2007, recorded a 7 year history of off and on LBP.
The examiner indicated the spine examination was normal on the DD Form 2808 and wrote the
there was full ROM. A clinic visit on 16 March 2007 for shoulder pain and back pain noted there
was no current back pain. Examination of the back was normal, with full ROM, no muscle
spasm, normal gait and posture, normal strength, negative straight leg raises (SLR) and normal
sensation. The NARSUM notes the history of back pain, but states that it is medically
acceptable.
None of these conditions were profiled; none were implicated in the commander’s statement;
and, none were judged to fail retention standards. All were reviewed by the action officer and
considered by the Board. There was no indication from the record that any of these conditions
significantly
in
consideration of the preponderance of the evidence, the Board concluded that there was
insufficient cause to recommend a change in the PEB fitness determination for the any of the
contended conditions; and, therefore, no additional disability ratings can be recommended.
BOARD FINDINGS: IAW DoDI 6040.44, provisions of DoD or Military Department regulations or
guidelines relied upon by the PEB will not be considered by the Board to the extent they were
inconsistent with the VASRD in effect at the time of the adjudication. As discussed above, PEB
reliance on the USAPDA pain policy for rating the unfitting right knee condition was operant in
this case and the condition was adjudicated independently of that policy by the Board. In the
matter of the right knee condition and IAW VASRD §4.71a, the Board unanimously recommends
no change in the PEB adjudication. In the matter of the contended left knee pain, s/p bilateral
carpal tunnel release,
left ankle pain, back pain conditions, the Board unanimously
recommends no change from the PEB determinations as not unfitting. There were no other
conditions within the Board’s scope of review for consideration.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
interfered with satisfactory duty performance.
After due deliberation
VASRD CODE RATING
5099‐5003
COMBINED
10%
10%
UNFITTING CONDITION
Chronic Right Knee Pain
4 PD1101083
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20111024, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXX, DAF
Director
Physical Disability Board of Review
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXX, AR20130001974 (PD201101083)
I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD
PDBR) recommendation and record of proceedings pertaining to the subject individual. Under
the authority of Title 10, United States Code, section 1554a, I accept the Board’s
recommendation and hereby deny the individual’s application.
This decision is final. The individual concerned, counsel (if any), and any Members of Congress
who have shown interest in this application have been notified of this decision by mail.
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1101083
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