RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20090804
NAME: XXXXXXXXXXXXXXXXX
CASE NUMBER: PD1200440
BOARD DATE: 20121214
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (63M10/Bradley Fighting Vehicle Systems
Maintainer), medically separated for left leg patellofemoral syndrome, right leg patellofemoral
syndrome, left leg chronic compartment syndrome, and right leg chronic compartment
syndrome. The CI had a long history of bilateral knee, shin, and lower leg pain that did not
respond to conservative or surgical treatment. 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 also forwarded the following conditions that met retention standards: Low back pain,
atypical non‐cardiac chest pain, and mild exercise induced asthma. An Informal Physical
Evaluation Board (IPEB) adjudicated the right patellofemoral pain syndrome, left patellofemoral
pain syndrome, left chronic compartment syndrome and right chronic compartment syndrome
conditions as unfitting; rated 10%, 10%, 0%, and 0% respectively; with application of the
Veteran’s Affairs Schedule for Rating Disabilities (VASRD) and Army Regulation 635‐40, B‐15.
The low back, atypical non‐cardiac chest pain, and mild exercise induced asthma conditions
were determined to be not unfitting. The CI appealed to the Formal PEB (FPEB). After the IPEB,
bilateral pes planus and bilateral plantar fasciitis conditions had also been identified and
forwarded to the Formal PEB (FPEB). The FPEB affirmed the IPEB findings and determined the
bilateral pes planus and bilateral plantar fasciitis were not unfitting. The CI appealed the FPEB
findings and the case was forwarded to the US Army Physical Disability Agency (USAPDA) for
review. The USAPDA concluded the case was properly adjudicated by the FPEB and it affirmed
the FPEB findings. The CI was then medically separated with a 20% disability rating.
CI CONTENTION: “I was MED BOARDED & given severance pay. I was granted 20% for knees
but was not rated for Asthma. Also was not rated for degenerative disc. Day after Discharge
VA Rated Asthma as 30% disease VA Rated DDD as 20%. “
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 and low back conditions as
requested for consideration meet the criteria prescribed in DoDI 6040.44 for Board purview
and are addressed below, in addition to a review of the ratings for the unfitting conditions. 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 FPEB – Dated 20090417
Condition
Code
Left Leg Patellofemoral
Pain Syndrome
Right Leg Patellofemoral
Pain Syndrome
Left Leg Chronic
Compartment Syndrome
Right Leg Chronic
Compartment Syndrome
Mild Exercise Induced
Asthma
Low Back
Bilateral Pes Planus
Bilateral Planter Fasciitis
Atypical Non‐Cardiac
Chest Pain
5099‐5003
Rating
10%
5099‐5003
10%
5099‐5003
5099‐5003
0%
0%
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
VA (2 Weeks Pre‐Separation) – All Effective Date 20090805
Condition
Patellofemoral Pain Syndrome,
Left Knee
Patellofemoral Pain Syndrome,
Right Knee
Compartment Syndrome, Left
Leg
Compartment Syndrome, Right
Leg
Asthma
Low Back Pain with Multilevel
Degenerative Disc Disease
Plantar Fasciitis Bilateral
Chest Pains
NO VA ENTRY
5020‐5276
6899‐6843
Code
5010‐5260
Rating
10%
Exam
20090720
5299‐5261
10%
20090720
5023
5023
6602
5242
0%
0%
30%
20%
10%
NSC
20090720
20090720
20090720
20090720
20090720
20090720
20090720
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
0% X 3/ Not Service‐Connected x 1 (Includes Above)
Combined: 60% (Bilateral Factor 2.7: 5276, 5260, 5261)
ANALYSIS SUMMARY: The Board’s authority as defined in DoDI 6040.44, resides in evaluating
the fairness of Disability Evaluation System (DES) fitness determinations and rating decisions for
disability at the time of separation. The Board utilizes VA 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 is probative only to the
extent that it reasonably reflects the disability and fitness implications at the time of
separation.
Right and Left Knee Patellofemoral Pain Syndrome Conditions. There were three range‐of‐
motion (ROM) evaluations for each knee in evidence, with documentation of additional ratable
criteria, which the Board weighed in arriving at its rating recommendation as summarized in the
chart below.
Knee ROM
PT for MEB ~7 Months
Pre‐Separation
PT for MEB ~5 Months
Pre‐Separation
VA C&P ~2 Weeks
Pre‐Separation
Left
Right
Left
Right
Left
Flexion (140⁰
Normal)
Extension (0⁰
Normal)
120⁰
Pain at 109°
‐5⁰
Pain at ‐2°
115⁰
Pain at 63°
‐2⁰
Pain at ‐1°
125⁰
Pain at 60°
0⁰
No Pain
115⁰
Pain at 85°
0⁰
Pain at 0⁰
Goniometer used. Maximal
effort. Antalgic gait and lateral
trunk lean to left.
Goniometer used. Pain
upon weight bearing after
exam. Negative Lachman’s
bilaterally. Increasing loss
of function due to pain.
Comment
§4.71a
Rating
No change in
flexion or
extension with
repetition
10%
Flexion
increase 7° and
no change
extension after
3 repetitions
10%
120⁰
Pain from
100° to 120°
0⁰
Right
130⁰
Pain from
120° to 130°
0⁰
Slight tenderness below patella
bilaterally; No swelling, effusion or
instability; No varus or valgus
instability; negative Lachman’s and
McMurray’s bilateral; No leg length
discrepancy or abnormal weight
bearing; Normal gait and stance;
normal neurologic examination.
Increased difficulty to
perform additional flexion
and extension after
repetition
10%
10%
10%
10%
2 PD1200440
The narrative summary (NARSUM) was completed on 31 December 2008, approximately 7
months prior to separation and it was completed using the MEB history and physical completed
on 15 December 2008 by the same physician. It includes a long history of bilateral
patellofemoral pain syndrome, shin splints, and chronic compartment syndrome. It also
included ROM measurements from December 2007 that show slightly less limitation than those
in the chart above. It also noted the CI estimates an additional 60% limitation of motion with
pain flares of knees or shins. The additional limitation was caused by increasing pain along with
fatigue, weakness, and incoordination. A nuclear medicine bone scan performed in November
2006 documented stress injuries of bilateral medial femoral condyles and the left medial tibial
plateau. A repeat scan in February 2008 noted mild stress changes vs. early degenerative
changes in both knees as well as mild bilateral shin splints. His bilateral knee pain was constant,
rated 2/10 at best, 4/10 on average, and 6/10 at worst. The MEB physical exam DD Form 2808
noted tenderness to palpation of both patella tendons and around both patellas. It also noted
hypermobile patellas and positive grind test. More recent ROM measurements from physical
therapy are shown in the chart above.
A VA Compensation and Pension (C&P) exam was completed approximately 2 weeks prior to
separation and it noted pain and occasional stiffness in both knees. He rated his pain at 6/10 in
the left knee and 5/10 in the right. He reported intermittent swelling of the left knee. The CI
denied any instability, giving way, and locking. Flare‐ups occurred with increased activity and
caused his pain to increase to 7‐8/10 in the left knee and 5‐6/10 in the right knee. Physical
examination findings are noted in the ROM chart above.
The Board directs attention to its rating recommendation based on the above evidence.
Although they used different VASRD codes, both the PEB and the VA assigned the same 10%
disability rating to each knee based on pain‐limited motion. No instability or other abnormality
was present and a higher rating is not warranted. 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 and left knee
patellofemoral syndrome conditions.
Right and Left Leg Chronic Compartment Syndrome Conditions. The NARSUM was completed
on 31 December 2008, approximately 7 months prior to separation and it was completed using
the MEB history and physical completed on 15 December 2008 by the same physician. It
includes a long history of bilateral patellofemoral pain syndrome, shin splints, and chronic
Although symptoms had been present previously, exercise
compartment syndrome.
compartment syndrome was diagnosed in February 2008. The left leg appeared to be more
symptomatic than the right leg and a left leg fasciotomy was completed in March 2008.
However, the CI’s pain was worse after surgery and required the use of a cane. A second
surgery was offered but the surgeon could not guarantee improvement and the CI reasonable
declined the surgery. An extensive work‐up with rheumatology, neurology, and physical
medicine evaluations
including electromyogram (EMG) and nerve conduction studies
documented no muscular disease and confirmed the chronic bilateral exertional compartment
syndrome diagnosis. The MEB physical noted shins with marked tenderness from just distal to
the tibial tuberosity to the distal tibiae just superior to the ankle, with worst tenderness mid‐
anterior shin, and with pain both medial and lateral to this location as well. Mild pre‐tibial
edema was also present. Flexion and extension of the ankle and of the knee reproduced pain in
the shins. Previous examination by orthopedics in November 2008 had noted slight tenseness
anterolaterally. Neurology examination in November 2008 also noted lateral/anterior lower
legs with mild tenseness and tender to palpation and no change in color or temperature. A
normal gait and neurologic examination was also documented. EMGs and Nerve conduction
studies completed in November 2008 noted only changes related to the compartment
syndrome and fasciotomy. MRI of both lower extremities in November 2008 documented
changes consistent with the previous EMG studies and no significant muscle edema (suggestive
3 PD1200440
of myositis) or atrophy (suggestive of chronic myopathy). The CI reported constant bilateral
shin pain, rated at 3/10 at best, 9‐10/10 worst, and 6‐7/10 average throughout the day. He also
reported the left lower leg was 40% worse than the right. Pain increased with any activity
unless performed very slowly.
A VA Compensation and Pension (C&P) exam was completed approximately 2 weeks prior to
separation and it noted a similar clinical history. The CI also reported numbness in the lateral
sides of both legs in addition to pain and he reported frequency of three times per week.
Examination noted tenderness to palpation over the lateral side of both lower legs, with more
tenderness on the left leg. No swelling was noted in either leg. Examination also noted a
normal gait and stance and a normal neurologic examination.
The Board directs attention to its rating recommendation based on the above evidence.
Although they used different analogous codes, both the PEB and the VA rated the right and left
leg chronic compartment syndrome conditions at 0%. The VA used VASRD code 5023, which is
rated as 5003 and the PEB used code 5099‐5003. The VA assigned a 0% rating based on the
absence of objective evidence of painful or limited motion. The PEB also assigned a 0% rating,
stating the “requirements for compensable evaluation are not met.” The PEB also stated the
rationale for the 0% rating was consistent with AR 635‐40, B‐15. This Army regulation is also
consistent with VASRD §4.31 pertaining to a no‐percent 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 and left leg chronic compartment syndrome conditions.
Contended PEB Conditions. The contended conditions adjudicated as not unfitting by the PEB
were mild exercise induced asthma and low back pain. The Board’s first charge with respect to
these conditions 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. Neither of these conditions was profiled, neither
was implicated in the commander’s statement, and neither was judged to fail retention
standards. Both were reviewed by the action officer and considered by the Board. There was
no indication from the record that either of these conditions 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 either the mild exercise induced asthma condition or the low
back pain condition. The Board concluded therefore that no additional disability rating could
be recommended for either 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 PEB ruling in this case that any prerogatives outside the VASRD
were exercised. In the matter of the right leg patellofemoral pain syndrome condition and IAW
VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication. In the
matter of the left leg patellofemoral pain syndrome condition and IAW VASRD §4.71a, the
Board unanimously recommends no change in the PEB adjudication. In the matter of the right
leg chronic compartment syndrome condition and IAW VASRD §4.71a, the Board unanimously
recommends no change in the PEB adjudication. In the matter of the left leg chronic
compartment syndrome condition and
IAW VASRD §4.71a, the Board unanimously
recommends no change in the PEB adjudication. In the matter of the contended mild exercise
induced asthma and low back pain conditions, the Board unanimously recommends no change
4 PD1200440
from the PEB determinations 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:
VASRD CODE RATING
5099‐5003
5099‐5003
5099‐5003
5099‐5003
COMBINED
10%
10%
0%
0%
20%
UNFITTING CONDITION
Right Leg Patellofemoral Pain Syndrome
Left Leg Patellofemoral Pain Syndrome
Right Leg Chronic Compartment Syndrome
Left Leg Chronic Compartment Syndrome
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
XXXXXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXX, AR20130000101 (PD201200440)
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:
5 PD1200440
Encl
CF:
( ) DoD PDBR
( ) DVA
XXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
6 PD1200440
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