RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1200847 SEPARATION DATE: 20020523 

BOARD DATE: 20130205 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SPC/E-4 (75B/Personnel Admin Specialist), medically 
separated for right knee pain status post (s/p) arthroscopic synovectomy. In November 1999 
while in training the CI fell and twisted his right knee. Right knee condition could not be 
adequately rehabilitated with treatment to meet the physical requirements of his Military 
Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued a permanent 
L3 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded right knee 
pain s/p arthroscopic anteromedial synovectomy, and patellofemoral arthrosis as medically 
unacceptable IAW AR 40-501. The MEB forwarded no other conditions for Physical Evaluation 
Board (PEB) adjudication. The PEB combined the two conditions and adjudicated chronic right 
knee pain as unfitting, rated 0%, with application of the DoDI 1332.39, and the Veteran’s Affairs 
Schedule for Rating Disabilities (VASRD). The CI made no appeals, and was medically separated 
with a 0% disability rating. 

 

 

CI CONTENTION: “I have lost most of the flexibility in my rt knee. My left knee is getting worse 
due to overcompensation and the VA took a MRI of my back and said my lowest disk is half its 
size and is pinching nerves.” 

 

 

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 other requested conditions [left knee and 
back] are not within the Board’s purview. 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 20020403 

VA (3.5 Mos. Pre-Separation) – All Effective Date 20020524 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

R Knee pain s/p 
arthroscopic synovectomy 

5299-5003 

0% 

R knee residuals, arthroscopy 
w/debridement of synovitis 

5020-5260 

10% 

20020204 

.No Additional MEB/PEB Entries. 

0% X0 / Not Service-Connected x 11 

 

Combined: 0% 

Combined: 10% 



*VA rating increased to 20% effective 20031128 

 

 

ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application 
regarding the significant impairment with which his service-incurred condition continues to 
burden him. It is a fact, however, that the Disability Evaluation System (DES) has neither the 
role nor the authority to compensate members for anticipated future severity or potential 
complications of conditions resulting in medical separation. This role and authority is granted 


by Congress to the Department of Veterans Affairs (DVA). The Board utilizes DVA evidence 
proximal to separation in arriving at its recommendations; and, DoDI 6040.44 defines a 12-
month interval for special consideration to post-separation evidence. The Board’s authority as 
defined in DoDI 6040.44, however, resides in evaluating the fairness of DES fitness 
determinations and rating decisions for disability at the time of separation. Post-separation 
evidence, therefore, is probative only to the extent that it reasonably reflects the disability and 
fitness implications at the time of separation. 

 

Right Knee Condition. There were three 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. 

 

Right Knee ROM 
in Degrees 

PT Note ~7 Mo. Pre-Sep 

(20011017) 

Ortho ~6 Mo. Pre-Sep 

(20011107) 

VA C&P ~3.5 Mo. Pre-Sep 

(20020204) 

Flexion (140 
Normal) 

135 

105 

120 

Extension (0) 

0 

0 

0 

Comment 

Gait wnl; squat 30 degrees 

Slight effusion; neg 
Lachman; pain 
w/extension; pain with 
patellofemoral 
compression 

No effusion; right knee tender to 
pressure; 

§4.71a Rating 

- 

 - 

 - 



 

The MEB examiner recorded the CI’s history of chronic right knee pain associated with a 
reported fall he sustained in November 1999 while on active duty. The injury was initially 
treated as a strain with physical therapy. Two years later a magnetic resonance imaging (MRI) 
was obtained suggesting a ligamentus injury. At arthroscopic surgery, August 2001, 9 months 
prior to separation, a normal joint without instability, ligamentus or meniscal injury with minor 
synovitis (irritation of the lining) was documented. On follow up MRI obtained December 2002 
the knee joint was normal. Subsequently, the CI developed a limp with increased pain with 
ambulation and noted his knee to randomly ‘give out.’ At the MEB/narrative summary 
(NARSUM) evaluation 21 March 2002, 2 months prior to separation, the results of two prior 
evaluations are referenced: an orthopedic evaluation, 7 November 2001, 6 months prior to 
separation, and the VA Compensation and Pension (C&P) evaluation, 4 February 2002, 3 
months prior to separation. Findings on physical examination for both exams are noted above. 
At the MEB evaluation, the CI reported his knee to ‘give out’ without warning. At the C&P 
evaluation, the CI reported his knee to ‘lock’ 10 to 15 times and to ‘go out’ 20 to 25 times a 
month. He noted limping 75% of the time but was able to work a regular job with ‘long hours.’ 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB rated the condition 0% analogous to degenerative arthritis code of 5299-5003 citing no 
significant loss of ROM. The VA rated the condition at 10% code 5020-5260, based on painful 
limitation of flexion/motion. A higher rating of 20% under this code requires limitation of 
flexion of 35 degrees not supported by the record in evidence. The Board agreed the evidence 
supported the application of VASRD §4.59 for painful motion at 10%. On review of the records 
the Board noted that even though the flexion was reduced it was not compensable under codes 
5260 and 5261. The Board considered the 5258 code; however, all proximate examinations 
documented stability of the knee and there was no objective evidence of frequent episodes of 
locking and effusions to support the use of this code. There is no VASRD sanctioned pathway to 
a rating higher than the minimal compensable rating. After due deliberation, considering all of 
the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability 
rating of 10% for the right knee pain condition. 

 


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 DoDI 1332.39 for rating knee pain was operant in this case and the condition was 
adjudicated independently of that instruction by the Board. In the matter of the right knee pain 
condition, the Board by a vote of 2:1 recommends a disability rating of 10%, coded 5299-5003 
IAW VASRD §4.71a. The single voter for dissent, who recommended no recharacterization, did 
not submit a minority opinion. There were no other conditions within the Board’s scope of 
review for consideration. 

 

 

RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as 
follows, effective as of the date of his prior medical separation: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Right Knee Pain 

5299-5003 

10% 

RATING 

10% 



 

 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120621, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

(TAPD-ZB / xxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 

 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 

for xxxxxxxxxxxxxxxxxxx, AR20130006064 (PD201200847) 

 

 

1. 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 to modify the individual’s disability rating to 10% 
without recharacterization of the individual’s separation. This decision is final. 

 

2. I direct that all the Department of the Army records of the individual concerned be 
corrected accordingly no later than 120 days from the date of this memorandum. 

 

3. I request that a copy of the corrections and any related correspondence be provided 
to the individual concerned, counsel (if any), any Members of Congress who have 
shown interest, and to the Army Review Boards Agency with a copy of this 
memorandum without enclosures. 

 

 BY ORDER OF THE SECRETARY OF THE ARMY: 

 

 

 

 

Encl xxxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)