RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201712 SEPARATION DATE: 20020830 

BOARD DATE: 20130215 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty, SPC/E-4, (88M/Truck Driver), medically separated for 
chronic right knee pain. The CI injured his right knee playing basketball in 1997. He had a right 
anterior cruciate ligament (ACL) tear and underwent arthroscopic repair. He continued to have 
problems and he underwent a second procedure to repair both medial and lateral meniscus 
tears. In August 2000 the CI began to have intermittent wheezing and chest tightness with 
symptoms increasing and he was diagnosed with mild persistent asthma and started on 
medications in September 2001. Despite surgery and lengthy therapy, the right knee and 
asthma did not improve adequately and the CI was unable to meet the physical requirements of 
his Military Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued a 
permanent P3L3 profile and referred for a Medical Evaluation Board (MEB). The Informal 
Physical Evaluation Board (IPEB) adjudicated the right knee condition as unfitting, rated 10%, 
with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The 
remaining condition, asthma, was determined to be not unfitting and therefore not rated. The 
CI requested a Formal PEB (FPEB), but subsequently agreed with the IPEB findings and 
withdrew his request and was medically separated with a 10% disability rating. An 
administrative correction was done to change the VASRD code used by the IPEB. 

 

 

CI CONTENTION: The CI elaborated no specific contention in his application. He simply listed 
Diabetes, Asthma, Bronchial, Knee condition. 

 

 

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 asthma condition requested for 
consideration and the unfitting right knee condition meet the criteria prescribed in DoDI 
6040.44 for Board purview, and are accordingly addressed below. The other requested 
condition, diabetes, is 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 PDA Admin Corr – Dated 20020521 

VA (2 Mos. Pre-Separation) – All Effective Date 20020831 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Right Knee Pain 
w/occasional 
symptomatic instability 

5010 

10% 

Residuals R knee ACL tear 
w/meniscectomy 

5259 

10% 

20020617 

Asthma 

Not Unfitting 

Bronchial Asthma 

6602 

30% 

20020617 




.No Additional MEB/PEB Entries. 

Diabetes Mellitus 

7913 

20% 

20020617 

0% X 0 / Not Service-Connected x 0 

 

Combined: 10% 

Combined: 50% 



 

ANALYSIS SUMMARY: The Board acknowledges the CI’s contention that suggests ratings should 
have been conferred for other conditions documented at the time of separation. The Board 
wishes to clarify that it is subject to the same laws for disability entitlements as those under 
which the Disability Evaluation System (DES) operates. 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. However, the Department of Veterans Affairs operating under a different set 
of laws (Title 38, United States Code), is empowered to compensate all service-connected 
conditions and to periodically reevaluate said conditions for the purpose of adjusting the 
Veteran’s disability rating should the degree of impairment vary over time. 

 

Right Knee Condition. The MEB examiner recorded the CI’s history of chronic right knee pain 
associated with a basketball injury in 1997. The injury was initially treated as a strain with 
physical therapy with unsustained improvement. He was seen by orthopedics and was found to 
have a right ACL tear which was repaired via arthroscopic surgery. Magnetic resonance imaging 
(MRI) obtained in February 2000 documented intact ligaments and a small tear in the lateral 
meniscus. In September 2000 the CI underwent arthroscopic surgery for the right knee with 
repair of both medial and lateral meniscus tears. On 14 January 2002, approximately 7 months 
prior to separation; the CI underwent an extensive orthopedic evaluation documenting a stable 
knee with normal range-of-motion (ROM) and recommendation for no further surgery. The 
commander’s statement indicated the CI was not able to conduct the basic requirements of 
soldiering due to profile restrictions of no rucksack, marching greater than a mile and expressed 
a concern that the CI might be further injured if he continued his workload. At the 
MEB/narrative summary (NARSUM) exam dictated 11 March 2002, approximately 5 months 
prior to separation, the CI reported right knee pain. The MEB referenced findings on the 
orthopedic exam of 14 January 2002 as discussed above. At the VA Compensation and Pension 
(C&P) examination dated 17 June 2002, approximately 2 months prior to separation, the CI 
reported continued right knee pain. The physical exam findings noted a stable painful knee 
with normal gait and normal ROM. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB rated the condition 10% under code 5010, traumatic arthritis, citing chronic right knee pain 
with occasional symptomatic instability. The VA rated the condition at 10% under code 5259, 
cartilage removal, based on the limited and painful movement of the right knee. A higher 
rating under the 5010 requires radiographic evidence of disease involving more than one joint; 
and no higher rating is included in the VASRD code 5259. The Board agreed there was pain on 
motion supporting the 10% rating with application of VASRD §4.59 or §4.40 the minimal 
compensable rating for pain. The Board considered code 5258; however, there was no 
objective evidence of knee instability, such as frequent episodes of locking and effusions to 
support the use of this code. The Board agreed the knee was not compensable under ROM 
codes 5260 and 5261. The Board concluded there was no VARSD sanctioned pathway to a 
higher rating. 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. 

 

Contended PEB Condition: The contended condition adjudicated as not unfitting by the PEB 
was mild persistent asthma. The Board’s first charge with respect to this condition 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 (reasonable doubt) standard 
used for its rating recommendations, but remains adherent to the DoDI 6040.44 “fair and 
equitable” standard. If the Board adjudicates the condition to be unfitting, then a rating 
recommendation will follow. The Board agreed the CI had mild persistent asthma requiring 
treatment with daily medication and rescue treatment as needed. The Board agreed the 
asthma condition to be well controlled at separation. The CI was on permanent profile for his 
asthma consisting of no gas chamber training and no wearing protective gas mask. The profile 
also indicated the CI was able to perform PT tasks, substituting bicycling for running, do sit-ups 
and lift 50 pounds and could walk at his own pace. The commander’s statement suggested the 
disability was the knee condition. There are no entries in the treatment record that indicated 
frequent emergency room or unscheduled clinic visits, hospitalizations, episodes of respiratory 
failure or monthly visits to a physician for required care of asthma exacerbations. The Board 
noted the CI to miss no work nor to be placed on quarters for the asthma condition. This 
condition was reviewed and considered by the Board. There was no performance based 
evidence from the record that asthma significantly interfered with satisfactory duty 
performance. After due deliberation 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 contended asthma condition; therefore, no additional disability 
rating 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. The Board did not 
surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD 
were exercised. In the matter of the right knee pain condition and IAW VASRD §4.71a, the 
Board unanimously recommends no change in the PEB adjudication. In the matter of the 
contended asthma condition, the Board unanimously recommends no change from the PEB 
determination 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: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Chronic Right Knee Pain 

5010 

10% 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120725, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 


 

 xxxxxxxxxxxxxxxxxxxx, 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, AR20130003911 (PD201201712) 

 

 

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 xxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)