RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20071013
NAME: XXXXXXXXX
CASE NUMBER: PD1200364
BOARD DATE: 20121128
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (62B20 /Construction Equipment Repairer),
medically separated for right knee arthritis after direct injury to the knee in 2002 from a fall on
the ice. The CI had two arthroscopic procedures including micro‐fracture debridement and
partial menisectomy initially and a later plica excision. However, in 2006 his pain increased and
did not improve adequately with treatment 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 L3 profile and referred for a Medical Evaluation Board (MEB). The
MEB forwarded osteoarthritis, right knee, mild moderate to the Physical Evaluation Board (PEB)
for adjudication. The MEB forwarded no other conditions. The PEB adjudicated the right knee
arthritis condition as unfitting, rated 0%, with possible application of the US Army Physical
Disability Agency (USAPDA) pain policy. The CI made no appeals and was medically separated
with a 0% disability rating.
CI CONTENTION: “I feel the rating was unfair from the Service considering the rating I have
received from VA.”
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 unfitting right knee arthritis condition
meets the criteria prescribed in DoDI 6040.44 for Board purview and is accordingly addressed
below. The remaining conditions rated by the VA at separation and listed on the DD Form 294
application 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:
VA (4 Mos. Post‐Separation) – All Effective Date 20071013
Combined: 0%
*Increased to 70% effective 20101019 after addition of 9411 PTSD at 50% effective 20101019 and 5017 Gout,
Right Great Toe at 0% effective 20090623.
Service IPEB – Dated 20070712
Condition
Rating
Right Knee Arthritis
0%
Code
5003
↓No Addi(cid:415)onal MEB/PEB Entries↓
Condition
Chondromalacia Right Knee Status Post
Meniscus Repair X 2
Right Shoulder Arthritis with Partial
Thickness Tear of Supraspinatus Tendon
Lumbar Degenerative Disc Disease with
Sciatic Radiculopathy and History of Strain
Bilateral Tinnitus
Code
5259
5003
5243
6260
Rating
10%
20%
10%
10%
Exam
20080222
20080813
20080222
20080813
0% X 4 / Not Service‐Connected x 4
Combined: 40%*
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 (DVA), 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. 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 and is limited
to conditions adjudicated by the PEB as either unfitting or not unfitting. 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 Arthritis Condition.
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.
Right Knee ROM
Flexion (140⁰ Normal)
Extension (0⁰ Normal)
Comment
MEB NARSUM ~ 4.5 Mos.
Pre‐Separation
Not measured
Not measured
Diffuse tenderness throughout
medial and lateral aspects with
anterior somewhat more tender than
posterior; no effusion; negative
anterior drawer; MCL and LCL were
stable; Lachman’s test negative;
McMurray’s test negative; negative
apprehension sign; minimal
patellofemoral crepitus.
PT ~3.5 Mos.
Pre‐Separation
135⁰ (135, 135, 135)
‐5⁰ (‐5, ‐5, ‐5)
Active
measurements
made with a
goniometer.
Negative Lachman’s
test.
§4.71a Rating
10%
VA C&P ~4 Mos.
Post‐Separation
120⁰
0⁰
Slight pain with locking and
full extension; decreased
flexion due to body habitus;
negative Lachman’s anterior
and posterior drawer and
McMurray tests; normal gait;
no assistive devices; normal
neurologic examination
10%
The MEB narrative summary (NARSUM) was completed approximately 4.5 months prior to
separation. The CI originally injured his right knee in early 2002 when he suffered a direct blow
after falling on the ice. His pain failed to resolve and he underwent an arthroscopy by a local
German physician in May 2002 with microfracture debridement of medial femoral condyle,
excision of a mediopatellar plica, and a partial meniscectomy. Magnetic resonance imaging
(MRI) from August 2002 was normal. He underwent a second arthroscopy with debridement in
October 2002. In January 2003, the CI had an antalgic gait but full active ROM. His knee pain
never completely resolved and it increased after he started running again about a year after the
second surgery. In January 2004, a permanent L2 profile was written for degenerative joint
disease (DJD) of the right knee and avoidance of all running was recommended. In April 2006, a
permanent L3 profile was written for lower back pain with degenerative disc disease (DDD) and
this recommended avoidance of running. Repeat right knee MRI in April 2007 was normal.
Pertinent examination findings are noted in the chart above. The MEB NARSUM examiner
opined the right knee arthritis was mild to moderate. A VA Compensation and Pension (C&P)
exam was completed approximately 4 months after separation and it noted a similar clinical
history of the right knee condition. Additionally, the CI reported knee subluxation occurring 4
times per day, especially with lifting or carrying something heavy. He also reported occasional
2 PD1200364
weakness and constant stiffness and swelling. He was wearing a neoprene sleeve at the
examination. His pain occurred daily and was worse in the morning. Pertinent examination
findings are in the chart.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB rated right knee arthritis at 0% for arthritis of one major joint, stating passive ROM was 7 to
140 degrees and this was not independently ratable. It is possible that the PEB applied the
USAPDA pain policy although this is not specifically stated. The VA rated right knee
chondromalacia, status post meniscal repair and applied a 10% disability rating using VASRD
5259. The 10% rating is based on the presence of symptoms after meniscal repair. The rating
criteria for 5003 states: “When however, the limitation of motion of the specific joint or joints
involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct [sic] is
for application for each such major joint or group of minor joints affected by limitation of
motion, to be combined, not added under diagnostic code 5003.” Based on the limitation of
active flexion to 135 degrees, a 10% disability rating is warranted. The VA rating scheme, while
equally valid, offers not advantage to the CI. After due deliberation, considering all of the
evidence and mindful of VASRD §4.3 (reasonable doubt) and VASRD §4.59 (painful motion), the
Board recommends a disability rating of 10% for the right knee arthritis 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 arthritis condition was potentially
operant in this case and the condition was adjudicated independently of that policy by the
Board. In the matter of the right knee arthritis condition, the Board unanimously recommends
a disability rating of 10%, coded 5003 IAW VASRD §4.71a. 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
5003
COMBINED
10%
10%
Right Knee Arthritis
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120414, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
3 PD1200364
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
For XXXXXXXXXXXXXXXXX, AR20120022690 (PD201200364)
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
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200364
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