RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20040115
NAME: XXXXXXXXXXXXXXXX
CASE NUMBER: PD1200550
BOARD DATE: 20121206
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered
individual (CI) was an activated National Guard, SPC/E‐4 (71L/Administrative
Specialist/63J quartermaster and chemical equipment repairer), medically separated for a right
knee condition/retropatellar pain syndrome. The CI did not improve adequately with
conservative treatment to meet the physical requirements of her Military Occupational
Specialty (MOS), worldwide deployment standards or satisfy physical fitness standards. She
was issued a permanent L3 and referred for a Medical Evaluation Board (MEB). Retropatellar
pain syndrome was forwarded to the Physical Evaluation Board (PEB) IAW AR 40‐501 without
specifying if this was a right, left or bilateral knee condition. No other conditions appeared on
the MEB’s submission. The PEB adjudicated the right knee condition, as unfitting, rated 0%,
with application of the US Army Physical Disability Agency (USAPDA) pain policy and was silent
to the left knee. The CI made no appeals, and was medically separated with a 0% disability
rating.
CI CONTENTION: “I do not know the rating awarded by the service but was give 10% for each
knee by the VA. The rating should be changed as there was extensive injury to my knees which
have deteriorated my physical & mental. I have requested an increase but all have been
denied. My ankles, shins and entire knees have deteriorated and I experience pain every day.”
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 condition(s) will be reviewed in all cases. The unfitting right knee condition meets
the criteria prescribed in DoDI 6040.44 for Board purview, and is accordingly addressed below.
The Board acknowledges the left knee condition requested for consideration was silent in the
PEB decision and not specified in the MEB. However, the Board notes the narrative summary
and the service treatment record (STR) supports a bilateral knee condition and therefore
agreed the left knee condition, while silent was likely considered not unfitting by the PEB and
was requested by the CI, therefore meets the criteria prescribed in the DoDI 6040.44 for Board
purview and is also addressed below. The other requested conditions, ankles and shins, 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.
Service IPEB – Dated 20031209
Condition
Code
Rating
VA (6 Mos. Post‐Separation) – All Effective Date 20010715
Code
Rating
Exam
RATING COMPARISON:
Chronic Pain Right Knee,
due to Retropatellar Pain
Syndrome
5099‐5003
0%
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 0%
Condition
Chondromalacia, Right Patella
(claimed as Retropatellar Pain
Syndrome)
Chondromalacia, Left Patella
(claimed as Retropatellar Pain
Syndrome)
5099‐5019
10%
20040723
5099‐5019
10%
20040723
Not Service‐Connected x 1
Combined (w/ BLF): 20%
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which her service‐incurred condition continues to
burden her. The Board wishes to clarify that it is subject to the same laws for service disability
entitlements as those under which the Disability Evaluation System (DES) operates. The DES
has neither the role nor the authority to compensate members for anticipated future severity
or potential complications of conditions resulting in medical separation. That role and
authority is granted by Congress to the Department of Veterans Affairs (DVA), operating under
a different set of laws (Title 38, United States Code). The Board evaluates DVA evidence
proximal to separation in arriving at its recommendations, but its authority resides in evaluating
the fairness of DES fitness decisions and rating determinations for disability at the time of
separation.
Retropatellar Pain Syndrome. As documented in the scope of review the Board agreed this
condition was a right and left (bilateral) condition. The Board notes the profile identifies
bilateral knee pain and commander’s statement documents limitations that cause pain in her
knees, connoting a right and left knee condition. Also per the STR, the clinical course and
features for each knee were identical; and, all relevant evidence reflects a symmetric bilateral
knee condition. Therefore the Board judges that two or more separate ratings are warranted in
this case, however, it must satisfy the requirement that each knee condition was unfitting in
and of itself. All members agreed that no distinctions between the two joints could be made
regarding functional limitations, and that it was reasonable to concede that either knee alone
would have resulted in the same fitness consequences.
After the onset of symptoms in 1998, the CI was placed on temporary profiles and responded
sufficiently to nonsteroidal medications and physical therapy to perform satisfactorily in her
MOS until the expiration of her term of service in July 2001. She entered into the Reserves and
was given a new MOS of 71L. She was activated in March 2003 to perform duties as a 63J, her
secondary MOS. Upon activation she reported bilateral knee pain, 8 of 10 in intensity, and that
she had some pain relief with the daily use of Vioxx, a nonsteroidal medication. A permanent
profile was issued with the following limitations; unable to run, jump, march, repetitive squat,
or stand for longer than 20 minutes without a 10 minute rest. The commander’s statement
corroborated her limitations and additional documented she physically incapable of reasonably
performing her duties as a 63J due to her chronic knee problems. 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.
2 PD1200550
Knee ROM
(Degrees)
Flexion (140 Normal)
Extension (0 Normal)
Comment
§4.71a Rating
Stable ligaments, silent on
Gait normal, ligaments stable,
painful motion
painful motion
110
10
10%
MEB ~2 Mo. Pre‐Sep
VA C&P ~6 Mo. Post‐Sep
Left
Right
Left
Right
90
0
10%
90⁰
0⁰
10%
110
10
10%
The MEB physical exam documented bilateral; poor quadriceps muscle tone, positive
patellofemoral grind, no crepitus, negative testing for ligament or meniscal disease and no joint
line tenderness. Bilateral plain X‐rays of the knees were within normal limits. At the VA
Compensation and Pension (C&P) evaluation after separation, the CI reported bilateral knee
pain with popping, increased with all activities and weather changes, avoided squatting and the
pain was moderately relieved with daily Celebrex use, a nonsteroidal medication similar to
Vioxx. She also reported knee swelling two to three times per week but had not lost time from
work as a secretary. The C&P exam demonstrated bilateral painful motion, no edema, effusion,
or deformity, squatted with difficulty and no Deluca observations. The VA examiner diagnosed
chondromalacia patellae, bilateral.
The Board directs attention to its rating recommendation based on the above evidence. This
rating includes consideration of functional loss lAW VASRD §4.10 (functional impairment), §4.40
(functional loss), §4.45 (DeLuca), and §4.59 (painful motion). The PEB and VA chose different
coding options for the condition, but this did not bear on rating. The PEB’s DA Form 199
reflected application of the USAPDA pain policy for rating and its 0% determination coded
analogous to 5003 (arthritis, degenerative) for the right knee was inconsistent with §4.71a
standards. The 5003 code specifies “when however, the limitation of motion of the specific
joint or joints involved is non compensable under the appropriate diagnostic codes, a rating of
10% 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”. The VA achieved separate
10% ratings coded analogous to 5019 (Bursitis) which defaults to the criteria of code 5003. The
Board agreed the evidence supports 10% for each knee under the 5003 code and there is no
evidence of incapacitating episodes to support additional or a 20% rating under the 5003 code.
There are no viable approaches to a higher rating for the retropatellar pain condition which is
countenanced by the VASRD. 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
the right knee retropatellar pain syndrome condition and that the preponderance of the
evidence with regard to the functional impairment of left knee favors its recommendation as an
additionally unfitting condition for separation rating of 10% for a combined disability rating of
20%.
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. As discussed above, PEB reliance on the USAPDA pain policy for rating
retropatellar pain syndrome was operant in this case and the condition was adjudicated
independently of that policy by the Board. In the matter of the right knee condition, the Board
unanimously recommends a disability rating of 10%, coded 5099‐5003 IAW VASRD §4.71a. In
the matter of the contended left knee condition, the Board unanimously recommends that it be
added as an additionally unfitting condition for separation rating; coded 5099‐5003 and rated
3 PD1200550
10% 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 her prior medical separation:
UNFITTING CONDITION
Chronic Pain Right Knee, due to Retropatellar Pain Syndrome
Chronic Pain Left Knee, due to Retropatellar Pain Syndrome
VASRD CODE RATING
5099‐5003
5099‐5003
COMBINED (w/ BLF)
10%
10%
20%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120602, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXX, AR20130000146 (PD201200550)
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.
4 PD1200550
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200550
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