RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20090727
NAME: XXXXXXXXXXXXXXXX
CASE NUMBER: PD1200433
BOARD DATE: 20121206
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (15P10/Aviation Operations Specialist),
medically separated for right knee pain after arthroscopy and right medial meniscus
debridement and repair of her patellar tendon. The CI was originally injured in 2006 when
thrown to the ground while participating in a combatant class. Records show despite two
surgeries, repetitive profiling and physical therapy she never recovered. The right knee
conditions could not be adequately rehabilitated to meet the physical requirements of her
Military Occupational Specialty (MOS) or satisfy physical fitness standards. She was issued a
permanent L3 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded
right knee pain as the single medically unacceptable condition to the Physical Evaluation Board
(PEB). Mild motion sickness and acne vulgaris conditions, identified in the rating chart below,
were also identified and forwarded by the MEB as medically acceptable. The PEB adjudicated
“limitation of extension of the right leg diagnosed as right knee pain post arthroscopy in 2006
and right medial meniscus debridement/repair of patellar tendon dislocation in 2007” condition
as a single unfitting condition, rated 10%, with application of the Veteran’s Affairs Schedule for
Rating Disabilities (VASRD). The mild motion sickness condition was determined to be a
condition that does not constitute a physical disability IAW DoDI 1332.38. The acne vulgaris
condition was adjudicated as not unfitting. The CI made no appeals, and was medically
separated with a 10% disability rating.
CI CONTENTION: “I was medically discharged for a bad R knee at 10%. VA rated at 40%.”
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 IPEB 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 condition right knee pain
after arthroscopy and right medial meniscus debridement with repair of her patellar tendon
condition as requested for consideration meets the criteria prescribed in DoDI 6044.44 for
Board purview and is addressed below. 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 (1 Mo. Post‐Separation) – All Effective Date 20090728
Service IPEB – Dated 20090410
Condition
Right Knee, Pain . . . . .
Acne Vulgaris
Mild Motion Sickness
Rating
10%
Code
5261
Not Unfitting
Not a Disability
Condition
Rt Knee S/P Surgeries
Acne
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
Code
5261
7828
Rating
40%
NSC
Exam
20090825
20090825
0% X 2 / Not Service‐Connected x 3 (Includes Above)
20090825
No Corresponding VA Entry
Combined: 40%
ANALYSIS SUMMARY:
Right Knee Condition. The PEB description stated “limitation of extension of the right leg
diagnosed as right knee pain post arthroscopy
in 2006 and right medial meniscus
debridement/repair of patellar tendon dislocation in 2007…” The narrative summary
(NARSUM) notes the CI’s right knee was injured in 2006, and was later diagnosed with a medial
collateral ligament (MCL) tear and a medial meniscal tear. She underwent civilian provider
surgery for both in August 2006 and had several courses of physical therapy with Iontophoresis
into 2007. She improved for release of profile. In mid‐2007, an orthopedic consultant
suspected re‐injury. However, the CI passed a physical fitness test in November 2007, but had
more pain. She underwent arthroscopic surgery in November 2007 for debridement of the
right medial meniscus and repair of tendon for patellar dislocation. Despite further physical
therapy and protective profiles over the next year, her knee pain continued. Plain radiographs
taken in October 2008 were normal and magnetic resonance imaging (MRI) in November 2008
showed an old medial meniscus post‐surgical change and chronic scarring at the origin of the
MCL (ligament), without compelling evidence of internal derangement that would require more
surgery. The MEB referenced a visit to orthopedic surgery in December 2008, 8 months prior to
separation, which diagnosed patellofemoral dysfunction and recommended medically
separating the member if she did not improve with quadriceps rehabilitation at physical
therapy (PT). Six months prior to separation, the CI’s commander’s statement noted she could
not meet the requirements of her MOS, with recurrent profiles and unresolved pain despite PT.
The goniometric range‐of‐motion (ROM) evaluations in evidence which the Board weighed in
arriving at its rating recommendation, with documentation of additional ratable criteria, are
summarized in the chart below.
PT ~11 Mo. Pre‐Sep
MEB ~7 Mo. Pre‐Sep
VA C&P ~1 Mo. Post‐Sep
§4.71a Rating
10%
10%
40%
At the MEB exam, 7 months before separation, the CI reported dull throbbing pain in the right
knee, worse with extended standing, running, climbing stairs and carrying weight. She noted
some periodic knee locking and catching, without the use of an assistive device or braces. The
MEB physical exam noted an abnormal gait with a marked limp favoring her right leg, with
palpable tenderness. There was no effusion, no crepitus, no loss of motor strength, no loss of
sensation, or loss of reflexes noted. The exam is summarized in the chart above along with a PT
exam at 11 months prior to separation.
At the VA Compensation and Pension (C&P) exam a month after separation, the CI reported she
was unable to run, had pinching with walking, knee swelling after activity, and locking up once
every 3 to 6 months. Her exam showed a gait with a limp, general muscle strength 5/5, without
atrophy or spasm. The exam noted right knee tenderness to palpation, without swelling, laxity,
prosthesis or malignment. On the neurological exam there was no loss of reflexes and it noted
decreased strength in the right leg at 4/5 due to knee pain without sensory loss. The exam is
summarized in the chart above.
2 PD12‐00433
Right Knee ROM
Flexion (140⁰ Normal)
Extension (0⁰ Normal)
Comment
135⁰
10‐0⁰
*Written as “10‐0‐135
right knee flexion”; pain at
end flexion; gait antalgic;
marked medial jt line
tenderness; + McMurray;
R quad 4/5; “decreased
strength an balance”
80/85/81⁰
*7/7/7⁰
0‐120⁰
‐30⁰
Gait with marked limp;
tender medical jt line;
motor 5/5 normal; ROM
with pain 8/10
NOTE: “Extension Passive
11, 11, 11”
“Flexion: 0‐120 extension: ‐30
‐30” Pain on motion “flexion:
begins at 110; ends at 120”;
tenderness; gait with
limp;
negative DeLuca (see text)
The Board directs attention to its rating recommendation based on the above evidence. The
PEB and VA both rated the right knee under code 5261 (limited extension of the leg) as the sole
rating code. The PEB 10% rating was based on the MEB exam (criterion of extension limited to
10 degrees) and interpretation of lacking 7 degrees of extension. However, given the difficulty
in interpreting plus and minus signs on extension ROMs, and the greater passive extension
ROM to 11 degrees, it is possible that the 7 degrees extension represented hyperextension of
the knee. The knee would still warrant a 10% rating with consideration of VASRD 4.59, (painful
motion) or meniscal coding. The VA 40% rating indicated a significantly more limited extension
based on the C&P exam interpretation of ‐30 degrees limited extension. There is a clear
disparity between these examinations, with significant implications for the Board's rating
recommendation. The Board carefully deliberated its probative value assignment to these
conflicting evaluations, and reviewed the entire record for corroborating evidence in the 12‐
month period prior to and after separation.
The Board first considered whether the right knee pain after arthroscopy and right medial
meniscus (semilunar cartilage) debridement with repair of her patellar tendon conditions
constituted two conditions that could be separately coded and each assigned a rating using the
VASRD. There was insufficient evidence of “frequent episodes of ‘locking,’ pain, and effusion”
to warrant coding under 5285 (Cartilage, semilunar, dislocated). Although alternative coding at
10% could be justified analogously to 5259 (Cartilage, semilunar, removal of, symptomatic), this
coding includes painful motion, and could not be combined with 5261. There was no evidence
of instability or compensable flexion limitation for dual rating of the knee under code 5257
(Knee, other impairment) or 5260 (Leg, limitation of flexion).
The Board noted that the PT ROMs indicated a hyperextension to 10 degrees, without any loss
of extension (recorded as 10‐0‐125 by PT convention). The MEB exam was interpreted by the
PEB as indicating 7 degrees loss of extension with a marked limp. The Board discussed the
source VA C&P exam that was interpreted as indicating a 30 degrees loss of extension. There
was an abnormal gait at that exam; however, flexion was also recorded as 0‐120 degrees
indicating the knee reached full extension of 0 degrees. The Board debated the interpretation
and probative value of all three exams and concluded that the MEB exam better fit the clinical
picture presented by the subjective and objective findings throughout the preponderance of
the record. The Board also found no evidence of knee ankylosis, recurrent subluxation, lateral
instability, frequent locking with effusion, or muscle loss/atrophy to arrive at any higher coding
in the VASRD.
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable
doubt), VASRD § 4.40 (functional loss), and VASRD 4.59 (painful motion), the Board concluded
that there was insufficient cause to recommend a change in the IPEB adjudication for the for
the right knee 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. The Board did not
surmise from the record or IPEB ruling in this case that any prerogatives outside the VASRD
were exercised. In the matter of the right knee pain after arthroscopy and right medial
meniscus debridement with repair of patellar tendon condition and IAW VASRD §4.71a, the
Board unanimously recommends no change in the IPEB adjudication. There were no other
conditions within the Board’s scope of review for consideration.
3 PD12‐00433
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
UNFITTING CONDITION
Right knee pain after arthroscopy and right medial meniscus
debridement with repair of patellar tendon condition
VASRD CODE RATING
10%
10%
COMBINED
5261
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120519, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
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
XXXXXXXXXXXXXXX, AR20120022698 (PD201200433)
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
XXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD12‐00433
5 PD12‐00433
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