RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201413 SEPARATION DATE: 20020625 

BOARD DATE: 20130305 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SGT/E-5 (55B/Ammunition Specialist), medically 
separated for right knee pain. The CIs experienced an acute onset of knee pain while running in 
December 1998. Despite treatment he did not improve and was not able 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 no other conditions for Physical Evaluation Board (PEB) adjudication. The PEB 
adjudicated the right knee condition as unfitting, rated 0%, which was increased to 10% after 
an Informal Reconsideration applied the US Army Physical Disability Agency (USAPDA) pain 
policy. The CI made no appeals, and was medically separated with a 10% disability rating. 

 

 

CI CONTENTION: “When I got out of the Army for a knee injury that rendered me from walking 
normal or running with pain. After about 3 or 4 years from leaving the Army I could not take the 
pain anymore and found a civilian doctor and from the x-rays and MRI that were done in 
February 2006, he determined that I needed to have surgery that could possibly repair my right 
knee to where I could do things almost normal again. To this day am still not able run normal, 
but can walk better but with some pain. About 2007 I went to the Veteran's Affairs Medical 
Center in Richmond, VA and the doctor said that it looked like there was build up of fluid 
around my right knee, but was never scheduled for an appointment to have it examined to 
verify if there was fluid build up or not.” 

 

 

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. 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 Informal Recon – Dated 20020318 

VA (No exam in evidence) – All Effective Date 20020626 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Right Knee Pain 

5099-5003 

10% 

Right Knee Crepitus 

5299-5010 

10% 

No Exam 

.No Additional MEB/PEB Entries. 

0% X 0 / Not Service-Connected x 4 

 

Combined: 10% 

Combined: 10% 



 

 


ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit 
and vital fighting force. While the DES considers all of the member's medical conditions, 
compensation can only be offered for those medical conditions that cut short a member’s 
career, and then only to the degree of severity present at the time of final disposition. The DES 
has neither the role nor the authority to compensate members for anticipated future severity 
or potential complications of conditions resulting in medical separation nor for conditions 
determined to be service-connected by the Department of Veterans Affairs (DVA) but not 
determined to be unfitting by the PEB. However the DVA, operating under a different set of 
laws (Title 38, United States Code), is empowered to compensate all service-connected 
conditions and to periodically re-evaluate said conditions for the purpose of adjusting the 
Veteran’s disability rating should the degree of impairment vary over time. The Board’s role is 
confined to the review of medical records and all evidence at hand to assess the fairness of PEB 
rating determinations, compared to VASRD standards, based on severity at the time of 
separation. 

 

Right Knee Condition. The CI had an acute onset episode of right knee pain in December 1998, 
after running, without any evidence of trauma. X-ray exam of the right knee performed in 
November 2000 was normal. He reinjured his right knee by twisting it on 12 March 2001, while 
throwing ammunition from a truck. Magnetic resonance imaging (MRI) exam from March 2001 
noted small signal change within the posterior horn of the medial meniscus (possible posterior 
meniscal horn tear), intact cruciate and collateral ligaments as well as patellar and quadriceps 
tendons. No effusion or cartilage defect was observed. Contusion of the medial femoral 
condyle was mentioned in the report. Orthopedic evaluation did not recommend surgical 
treatment. The CI complained of persistent right knee pain accentuated by squatting and heavy 
lifting unalleviated by treatment. The MEB narrative summary (NARSUM) physical exam 
dictated 16 April 2001, 18 months prior to separation, noted normal gait, no effusion and no 
joint line tenderness. There was mild tenderness to palpation over the patellar tendon and 
very mild crepitus. Range-of-motion was 135 degrees flexion and zero degrees extension. 
McMurray test was negative for meniscus pathology, and there was no ligamentous instability. 
The examiner rated the anterior right knee pain slight and constant and considered the 
condition to be stable. No VA Compensation and Pension (C&P) examination was available for 
review. The Board directs attention to its rating recommendation based on the above 
evidence. The PEB rated the condition 10% with application of the USAPDA pain policy (coded 
5099-5003). The VA adjudicated the same 10% disability rating using code 5299-5010. There 
was no limitation of motion or instability to warrant a minimum rating under the respective 
VASRD diagnostic codes (5260, 5261, and 5257). There was not a dislocated meniscus with 
locking to support a minimum rating under 5258 (dislocated meniscus). The Board noted the 
contusion of the medial femoral condyle mentioned in the magnetic resonance exam from 
11 March 2001, however there was no malunion to assign a rating under the 5255 code 
(Impairment of the femur). The Board noted the pain with squatting and heavy lifting 
supported consideration for a minimum rating under §4.59 (painful motion) or §4.40 
(functional impairment). The Board agreed there was no evidence to support a rating higher 
than the 10% adjudicated by the PEB. After due deliberation, considering all of the evidence 
and mindful of VASRD §4.3 (reasonable doubt), the Board concluded that there was insufficient 
cause to recommend a change in the PEB adjudication 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 the USAPDA pain policy for rating the 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 pain condition and IAW VASRD §4.71a, the Board unanimously recommends no 
change in the PEB adjudication. 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: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Right Anterior Knee Pain 

5099-5003 

10% 

RATING 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120604, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxxx DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

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

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 
for xxxxxxxxxxxxxxxxxx, AR20130005365 (PD201201413) 

 

 

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 xxxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)