RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20050218
NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200382
BOARD DATE: 20121214
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (11B20/Infantry), medically separated for
chronic left knee and ankle pain. The CI fractured his left tibia and fibula during parachute
landing in October 2001 and underwent open reduction and internal fixation (ORIF) with a left
tibial intramedullary rod and screws. His retained hardware of intramedullary nail and
interlocking screws was causing discomfort and it was removed in June 2003. He was deployed
to Iraq from August 2003 to February 2004 and experienced constant pain of the left lower
extremity that interfered with his ability to perform tasks required of his MOS. In July 2004, he
was cleared to perform airborne operations. However, after a jump in November 2004, the CI
experienced severe pain and protracted limping. Despite treatment, he continued to have
significant pain in his left knee and ankle and was unable to run or perform multiple tasks
required of his MOS. The CI remained 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 no other
conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated a combined
chronic knee pain, left knee and left ankle condition as unfitting, rated 10% with application of
the US Army Physical Disability Agency (USAPDA) pain policy. The CI made no appeals, and he
was medically separated with a 10% disability rating.
CI CONTENTION: “I a requesting a review of my medical records in order to receive a Medical
Retirement. Upon my separation from Army in 2005, I was suffering from PTSD which resulted
from my deployment to Iraq in 2003/2004, but I was not evaluated for this condition prior to
being separated. I was honorably discharged with a 10% disability rating with severance, that
resulted as a direct result of armed conflict or instrument of war. Cont‐‐‐ I was never evaluated
for my chronic low back pain, which also resulted from multiple simulated combat parachutist
jumps and in combination with a motorcycle accident I suffered while stationed in Vicenza, Italy
with 173rd Abn Bdg.” He additionally lists all of his VA conditions and ratings as per the rating
chart below.
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
(posttraumatic stress disorder [PTSD] and chronic low back pain) are not within the Board’s
purview. The remaining conditions rated by the VA at separation and listed on the DA 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 the Correction of Military Records.
Chronic Knee
Pain, Left Knee
and Left Ankle
5099‐5003
10%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Residual of Fracture of Left Tibia and
Fibula w/Residual Knee Disability
Tender Scar, Left Ankle
Tender Scar, Right Ankle
Left Ankle Strain
Cervical Strain
Chronic Low Back Pain
Tinnitus
Code
5262
7804
7804
5237
5237
6260
5299‐5271
Rating
20%*
10%*
10%*
0%*
10%
10%
10%
Exam
20050405
20050405
20050405
20050405
20050405
20050405
20050404
20050405
RATING COMPARISON:
Service IPEB – Dated 20050113
VA (~2 Months Post‐Separation) – All Effective Date 20050219
Condition
Code
Rating
Condition
Combined: 10%
0% X 6 (Includes above) / Not Service‐Connected x 7
Combined: 50%**
*No change to rating in subsequent VARDs
**Increased to 60% effective 20060217 with Lumbar spine 5237 increased to 20%; increased to 70% effective
20081008 with addition of 9411 PTSD; increased to 80% effective 20100507 when 9411 increased to 50%.
ANALYSIS SUMMARY: The Board acknowledges the CI’s contention that suggests ratings should
have been conferred for other conditions (PTSD and chronic low back pain). The Board’s
authority as defined in DoDI 6040.44, however, resides in evaluating the fairness of Disability
Evaluation System (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. The Board utilizes the Department of Veterans Affairs (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. Post‐separation evidence therefore is
probative only to the extent that it reasonably reflects the disability and fitness implications at
the time of separation.
The PEB rated chronic left knee pain and chronic left ankle pain under the single analogous
5003 (degenerative arthritis) code. This coding approach is countenanced by AR 635‐40 (B.24
f.), but IAW DoDI 6040.44 the Board must apply only VASRD guidance to its recommendation.
The Board must therefore apply separate codes and ratings in its recommendations if
compensable ratings for each joint are achieved IAW VASRD §4.71a. If the Board judges that
two or more separate ratings are warranted in such cases, however, it must satisfy the
requirement that each “unbundled” condition was unfitting in and of itself. Either condition
alone would have resulted in the CI’s inability to perform the functions required of his MOS as
an infantryman, a very physically demanding MOS. Some of the physical requirements are
noted in the Commander’s letter. Therefore, the Board is pursuing separate rating as follows.
Chronic Left Knee Pain. All members agreed that chronic left knee pain, as an isolated
condition, would have rendered the CI incapable of continued service within his MOS, and
accordingly merits a separate rating.
There were two goniometric range‐of‐motion
in evidence, with
documentation of additional ratable criteria, which the Board weighed in arriving at its rating
recommendation; as summarized in the chart below.
(ROM) evaluations
2 PD1200382
Left Knee ROM
Flexion (140⁰ Normal)
Extension (0⁰ Normal)
Comment
§4.71a Rating
5260
5262
NARSUM ~2 Months Pre‐Separation
VA C&P ~1.5 Months Post‐Separation
125⁰ (0/10 pain)
‐2⁰
130⁰ pain when repeated
0⁰ pain when repeated
No mention of goniometer. No muscle atrophy;
Mild patellar crepitation; 2‐3/10 tenderness over
medial joint line and tibial plateau; No
hyperemia, erythema or effusion; Negative
anterior and posterior Drawer; Lateral and
collateral ligaments intact; No skin texture
changes, induration, or red streaking; Healed
surgical scars present on anterior and left medial
knee; no focal motor or sensory deficits; normal
reflexes. Repetitive motion testing not
performed.
Normal gait; able to tandem walk;
Tenderness on anterior aspect; negative
drawer test, Lachman’s, and McMurray’s;
No ligament laxity or valgus and varus
stress; No heat, swelling, or masses;
Normal sensory exam with monofilament
and reflexes 1+ and symmetric. Anterior
knee scar healed, hyperpigmented,
nondepressed, and nonadherent but
tender to palpation and measuring 8cm by
2 cm. Medial knee scar nontender.
10%
20%
10%
20%
The MEB narrative summary (NARSUM) was completed approximately 2 months prior to
separation. Despite multiple treatments and removal of hardware as summarized above, the CI
was not able to return to full duty including airborne operations. Physical exam findings are
summarized in the chart above. Although no pain was noted with knee flexion, the examiner
did not perform repetitive motion testing as required. No laxity was noted. X‐rays documented
narrowing of the patellofemoral joint space and abnormalities of the proximal tibia most likely
secondary to previous trauma and surgical intervention. The MEB physical examination was
completed by the same provider on the same day. It also noted decreased ROM and patellar
crepitus. However, it noted 7/10 tenderness over the medial tibial plateau.
A VA compensation and Pension (C&P) examination was completed approximately 1.5 months
after separation and it noted similar clinical history as previously described. At the time of that
examination, the CI reported daily pain in his left knee and pain with repetitive motion. At rest,
the pain was rate at 3 to 5 out of 10. No knee brace was used. He reported he could walk a
mile without symptoms but would have knee pain after seven holes of golf. He also noted that
after yard work for a full day, he had residual pain that lasted for hours. Physical exam findings
are noted in the chart above. The examiner specifically states repetitive knee flexion and
extension cause pain. The examiner opined the left leg and left knee joint function was limited
by pain, fatigability, and lack of endurance along with occasional lack of coordination in the left
knee. VA X‐rays noted mild posttraumatic and/or degenerative changes involving the tibial
tubercle.
The Board directs attention to its rating recommendation based on the above evidence. As
discussed above the PEB combined chronic left knee pain and chronic left ankle pain conditions
and assigned an overall 10% rating IAW the USAPDA pain policy. The VA rated the chronic left
knee pain at 20% using VASRD code 5262 Tibia and fibula, impairment of, malunion with
moderate knee disability. The CI did have proximal tibial abnormalities that resulted from his
fracture noted on service and VA X‐Rays. While the C&P examination appears to be more
complete, both exams support the same level of disability. While either examination could be
characterized as 10% using 5260 and based on noncompensable levels of limitation of motion,
both examinations also support a 20% rating using 5262, Tibia and fibula, impairment of with
moderate knee or ankle disability. This code better describes the clinical condition and
disability picture that resulted from the significant trauma sustained with the original injury.
After due deliberation in consideration of the preponderance of the evidence, the Board
concluded that chronic left knee pain was separately unfitting and considering all of the
3 PD1200382
evidence and mindful of VASRD §4.3 (reasonable doubt), recommends a disability rating of 20%
coded 5262 IAW VASRD §4.71a.
Chronic Left Ankle Pain. As previously elaborated, the Board must first consider whether
chronic left ankle pain remains separately unfitting, having de‐coupled it from a combined PEB
adjudication. In analyzing the intrinsic impairment for appropriately coding and rating the
chronic left ankle pain condition, the Board is left with a questionable basis for arguing that it
was indeed independently unfitting. The CI suffered a significant fracture to his left tibia and
fibula and had residual pain and disability in both his left knee and left ankle. However, VASRD
code 5262 more accurately describes his total disability picture as described above and no
separate impairment remains. 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 chronic left ankle condition. The Board concluded
therefore that no separate disability rating could be recommended for this 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 was operant in this case and the condition was adjudicated
independently of that policy by the Board. In the matter of the bundled chronic left knee pain
condition, the Board unanimously agrees that it was separately unfitting and unanimously
recommends a disability rating of 20%, coded 5262 IAW VASRD §4.71a. In the matter of the
bundled chronic left ankle pain condition, the Board unanimously agrees that it was not
separately unfitting and therefore, no separate disability rating is recommended. 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
5262
COMBINED
20%
20%
Chronic Left Knee and Ankle Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20050218, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
4 PD1200382
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 XXXXXXXXXXXXXXX, AR20130000109 (PD201200382)
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 20% 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
XXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200382
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