RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20031028
NAME: XXXXXXXXXXXXXX
CASE NUMBER: PD1200507
BOARD DATE: 20121205
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (31R/Communications) medically separated
for right shoulder and right knee pain. He was treated, but did not improve adequately to fully
perform his military duties, or meet physical fitness standards. He was issued a permanent
profile and underwent a Medical Evaluation Board (MEB). The MEB found his right shoulder
and right knee pain medically unacceptable IAW AR 40‐501, and referred him to a Physical
Evaluation Board (PEB). No other conditions were listed on DA Form 3947. The PEB combined
the two MEB conditions into a single unfitting condition and rated it 0%; IAW the US Army
Physical Disability Agency (USAPDA) Pain Policy. The CI accepted the PEB findings, and was
medically separated with 0% disability.
CI’s CONTENTION: “Had surgery to correct Right Knee in 2010 but with no success. I don’t
believe it was a fair review. I’m in continuous pain that doesn’t leave.”
SCOPE OF REVIEW: The Board’s scope of review as defined in DoDI 6040.44, 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 unfitting condition (right shoulder and right knee pain) meets the
criteria prescribed in DoDI 6040.44, and is accordingly addressed below. No other condition is
within the Board’s purview. Any condition outside the Board’s defined scope of review may be
eligible for future consideration by the Army Board for Correction of Military Records.
RATING COMPARISON:
ANALYSIS SUMMARY:
Right Knee Condition. The CI has had a long history of right knee pain. He injured his right knee
during basic training in 1998, and that knee has bothered him ever since. In March 2001, he
had a Formal PEB (FPEB) at Fort Lewis and was found Fit for Duty (FFD). However, the right
knee continued to give him problems, and in 2003 an MEB was initiated. His MEB clinical
evaluation was done on 5 May 2003 at Fort Gordon, GA. At that time, he reported pain and
stiffness with prolonged walking or standing. The pain waxed and waned, did not wake him
from sleep, and he was on no medications. On examination of the right knee, there was no
Army PEB – dated 20030904
Condition
Code
Rating
Right Shoulder &
Right Knee Pain
5099‐5003
0%
No Additional MEB/PEB Entries
Combined: 0%
VA (4 mos. Pre‐Separation) – All Effective 20031029
Condition
Code
Rating
10%
Exam
20030609
Right Shoulder Strain
5099‐5024
Right Knee Pain
5099‐5024
10%
20030609
Combined: 20%
swelling or redness. There was some mild patellar crepitus and mild joint line tenderness, but
otherwise the physical exam was normal. Range‐of‐motion (ROM) of the right knee was “full.”
A month later, on 9 June 2003, the CI had a VA Compensation and Pension (C&P) exam. Gait
and posture were normal. Gross appearance of the right knee and ROM were both normal.
There was some tenderness of the knee, but no incoordination, subluxation, joint effusion,
locking pain, crepitus, or limitation of motion. Drawer test and McMurray test were both
negative. The right knee condition was categorized as retropatellar pain syndrome (RPPS).
Right knee ROM is summarized in the chart below.
Right Knee ROM
Flexion (140⁰ is Normal)
Extension (0⁰ is Normal)
MEB – 5½ mos. Pre‐Sep
(20030505)
VA C&P – 4½ mos. Pre‐Sep
(20030609)
125⁰
0⁰
140⁰
0⁰
Comment
No mention of painful motion
Painful motion
§4.71a Rating
10%*
*10% based on VASRD §4.40 (Functional loss), §4.45 (The joints), and §4.59 (Painful motion)
0%
Right Shoulder Condition. The CI’s right shoulder began to bother him back in 1998‐1999, while
at Fort Bliss. He dislocated the right shoulder, but was able to self‐reduce it. This was followed
by more dislocations. Magnetic resonance imaging (MRI) showed a possible labral tear. The CI
was seen by orthopedic surgeons at Fort Gordon, and they recommended conservative
treatment because there appeared to be no obvious instability of the joint.
At the MEB evaluation on 5 May 2003, the right shoulder showed no muscle atrophy. Right
arm grip strength and ROM was normal (see chart below). A month later, at his June 2003 C&P
exam, the gross general appearance of the right shoulder was normal. ROM was measured,
and is summarized in the chart below.
MEB – 5½ mos. Pre‐Sep
VA C&P – 4½ mos. Pre‐Sep
(20030609)
180⁰
180⁰
Painful motion
10%*
Right Shoulder ROM
Flexion (180⁰ is normal)
Abduction (180⁰ is normal)
(20030505)
180⁰
180⁰
Comments
§4.71a Rating
Pain with overhead use
10%*
*10% based on VASRD §4.40 (Functional loss), §4.45 (The joints), and §4.59 (Painful motion)
The Board carefully reviewed all evidentiary information available. The Army PEB combined the
two painful joint conditions into a single unfitting condition: “Right shoulder and right knee
pain.” The condition was coded 5099‐5003 and rated at 0%. In contrast, the VA unbundled the
two conditions, and rated each one at 10% for painful motion. The Board evaluated whether or
not it was appropriate for the two joints to be “bundled” together. The Board must determine
if the PEB’s approach of combining the conditions under a single rating was justified in lieu of
separate ratings. The Board must apply separate codes and ratings in its recommendations if
compensable ratings for each condition are achieved IAW the Veteran’s Administration
Schedule for Rating Disabilities (VASRD) §4.71a. If the Board judges that two or more separate
ratings are warranted, however, it must satisfy the requirement that each ‘unbundled’
condition was separately unfitting. After due deliberation, the Board agreed that the evidence
supports a conclusion that the chronic painful condition in each joint, separately, would have
rendered the CI unable to perform his required military duties. Accordingly, the Board
recommends a separate disability rating for each joint.
The Board directs attention to its rating recommendations based on the above evidence. The
limitation of motion for both joints was essentially non‐compensable based on the VASRD
2 PD1200507
ligamentous
instability, subluxation,
locking, or other significant
§4.71a diagnostic codes for loss of knee motion (5260 and 5261) and loss of shoulder/arm
motion (5200 and 5201). However; IAW VASRD §4.40, §4.45, and §4.59, a 10% rating is
warranted when there is satisfactory evidence of functional limitation due to painful motion of
a major joint. There was no path to a rating higher than 10% for the right knee since there was
no evidence of
joint
abnormality. There was no path to a rating higher than 10% for the right shoulder since there
was no documented, objective evidence of guarding of movement at shoulder level. After due
deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the
Board recommends a disability rating of 10% for chronic right knee pain, due to RPPS. In like
manner, the Board recommends a rating of 10% for the chronic right shoulder 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 chronic right knee pain, the
Board unanimously recommends a disability rating of 10%, coded 5299‐5260 IAW VASRD §4.40,
§4.45, §4.59, and §4.71a. In the matter of the chronic right shoulder pain, the Board
unanimously recommends a disability rating of 10%, coded 5299‐5201 IAW VASRD §4.40, §4.45,
§4.59, and §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:
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
3 PD1200507
VASRD CODE RATING
5299‐5260
5299‐5201
COMBINED
10%
10%
20%
UNFITTING CONDITION
Chronic Right Knee Pain
Chronic Right Shoulder Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120601, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXX, AR20120022744 (PD201200507)
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
XXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200507
AF | PDBR | CY2012 | PD-2012-00310
He was treated with injections and physical therapy (PT), but did not significantly improve so an Condition Neck pain Left shoulder pain Code 5237 5099‐5003 Rating 10% 10% ↓No Addi(cid:415)onal MEB/PEB Entries↓ Combined: 20% Condition Code 5243 Cervical spine condition (C6‐C7) Left shoulder, anterior labral tear Left arm radiculopathy Paralumbar muscle spasms Tinnitus Right shoulder tendonitis 8515 5237 6260 5024 0% x 2 / Not Service‐Connected x 3 5299‐5203 Combined:...
AF | PDBR | CY2013 | PD-2013-02034
Left Shoulder Pain . In the MEB NARSUM, the diagnosis for his shoulder condition was: “Left shoulder pain with impingement syndrome, status post arthroscopic stabilization.” The CI’s physical profile (DA Form 3349) did not allow lifting over 10 pounds or performing profile.At the 28 February 2005 C&P exam, performed 3 months prior to separation, the CI reported that the left shoulder condition did not interfere with ordinary lifting/carrying, activities of daily living, or service...
AF | PDBR | CY2013 | PD-2013-02316
The shoulder condition, characterized as “persistent right shoulder postoperative pain” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.The MEB also identified one other condition.The Informal PEB adjudicated “chronic pain, right shoulder”as unfitting, rated 0%citing the US Army Physical Disability Agency (USAPDA) pain policy. Right shoulder pain . After reviewing the evidence, all Board members agreed that a rating of 10% was appropriate for the right shoulder condition.
AF | PDBR | CY2011 | PD2011-00121
Low back pain (LBP), patellofemoral syndrome and left shoulder pain were forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. At his December 2008 MEB evaluation, three months prior to separation, the CI complained of left shoulder pain and “catching.” On examination, there was some crepitus, pain with motion, and TTP. The Board unanimously recommends 10% for the left shoulder pain condition.
AF | PDBR | CY2013 | PD-2013-01450
Left Shoulder ROM (Degrees)MEB ~ 4 mos. The Board determined that the painful shoulder condition was essentially non-compensable based on the VA Schedule for Rating Disabilities (VASRD) §4.71a diagnostic codes for the shoulder and arm (5200 through 5203). SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for XXXXXXXXXXXXXX, AR20150006468 (PD201301450)I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR)...
AF | PDBR | CY2012 | PD-2012-00457
Left Hip (Thigh) ROM Flexion (125⁰ is normal) External Rotation Abduction (45⁰ is normal) Comment Pain with motion §4.71a Rating MEB ~4 Mos. At his May 2004 MEB exam, the CI did have a painful “pop” with hip motion. 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 COMBINED 10% 10% Chronic Pain, Left Hip UNFITTING CONDITION The following documentary evidence was...
AF | PDBR | CY2013 | PD-2013-01896
SEPARATION DATE: 20040608 After a thorough review of the treatment record, the Board determined that the CI’s right shoulder condition was essentially non-compensable based solely on the VA Schedule for Rating Disabilities (VASRD) §4.71a codes for the shoulder and arm (5200 through 5203). Physical Disability Board of Review
AF | PDBR | CY2014 | PD-2014-02990
Pre-Separation)ConditionCodeRatingConditionCodeRatingExam Bilateral Knee Pain5099-50030%Bilateral Knee Pain5299-5262NSC**20030529Other x 0 (Not in Scope)Other x 10 Rating: 0%Combined: 30% *Derived from VA Rating Decision (VARD)dated 20030820(most proximate to date of separation)**Subsequent VARD dated 20060428 rated left and right knees (5099-5014) at 10% each, effective 20050927 The Army PEB combined the CI’s knee pain into a single unfitting condition: “Bilateral knee pain, without any...
AF | PDBR | CY2012 | PD 2012 01319
RATING COMPARISON: Army PEB dated 20031007 VA All Effective 20031116 Condition Code Rating Condition Code Rating Exam Left Shoulder and Thoracic Back Pain 5099-5003 0% Left Shoulder Pain 5201-5010 10% STR Thoracic Back Pain 5242 10% STR .No Additional MEB/PEB Entries. Accordingly, the Board recommends a separate disability rating for each condition. RECOMMENDATION: The Board recommends that the CIs prior determination be modified as follows, effective as of the date of his prior...
AF | PDBR | CY2013 | PD-2013-02335
The VA rated the shoulder condition 10%, for a code not available for review by the Board.The Board directs attention to its fitting and rating recommendations based on the above evidence. Right and Left knee conditions .The Board will discuss the clinical findings of both conditions together, as they are combined in the record, but then separate them for fitting and rating considerations.The CI had a long history of bilateral knee pain, the right greater than the left, with an associated...