RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20030216
NAME: XXXXXXXXXXXXXXXX
CASE NUMBER: PD1200663
BOARD DATE: 20121221
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (75H20/Personnel Administration Sergeant),
medically separated for Osteochondral defect left knee, lateral femoral condyle condition. The
CI did not respond adequately to conservative treatment and was unable to perform within his
Military Occupational Specialty (MOS), meet worldwide deployment standards or satisfy
physical fitness standards. He was issued a permanent P3 profile and referred for a Medical
Evaluation Board (MEB). Lateral femoral condylar OCD, severe patellofemoral degeneration
and chondromalacia patella was forwarded to the Physical Evaluation Board (PEB) IAW AR 40‐
501. Lateral femoral condylar OCD, severe patellofemoral degeneration and chondromalacia
patella, left knee conditions, as identified in the rating chart below, were also forwarded on the
MEB submission. The PEB adjudicated the OCD left knee, lateral femoral condyle condition as
unfitting, rated 20%, with likely application of the US Army Physical Disability Agency (USAPDA)
pain policy. The remaining MEB conditions were determined to be not unfitting and therefore
not ratable. The CI made no appeals, and was medically separated with a 20% disability rating.
CI CONTENTION: “UNFORTUNaTELY MY PAIN LEVELS ARE INCREASiNG, RANGE OF MOTION
HAS DECREASED CANNOT EVER RUN. SWELLiNG is CONSTANT AND OVERALL, MY iNJURiES ARE
GETTING PRoGReSSiveLy WORSE. LACK Of CARiLAGE (DUE TO). TOO YOUNG FOR KNEE REPAIR.
I’M NOT ONE TO COMPLaiN, BUT THERE ISN’T REALLY MUCH TiME iNBETWeeN PERiODS OF
PAIN. IF I’M SiTTING OR LAYiNG DOWN I’M FiNE. I’m A SiNGLE FATHER OF TWO YOUNG
children AND HAVE A ROUGH TiME EVEN STOOPING AND WHAT NOT. RuNNING AND PLAYiNG
BALL (NORMaLLy) IS ouT oF THE QUESTiON. MY RiGHT Knee NOW HAS EXACT SAME
CONDiTiON I BELiEVE IS ALSO ATTRIBuTED From my LEFT Knee. I FEE [SP] LIKE A MAN IN MY
70’s. (NO OFFENSE TO ANYONE).”
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 conditions left ankle pain and pes
cavus and plantar fasciitis; bilateral 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 condition. The other requested conditions [right knee] is 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.
RATING COMPARISON:
Service IPEB – Dated 20021118
Condition
Code
Rating
Osteochondral Defect Left
Knee, Lateral Femoral
Condyle
Pes Cavus and Plantar
Faciitis; Bilateral
Left Ankle Pain
5099‐5003
20%
Not Unfitting
Not Unfitting
Condition
Instability of the Left Knee
Meniscus Tear, Left Knee
Pes Planus, Bilateral
Left Ankle Sprain
VA (~1 Mo. Post‐Separation) – All Effective Date 20030217
Code
5257
5260
5276
5271
Rating
10%
10%
Exam
20030409
20030409
0%
0%
20030409
20030409
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
0% X 0 / Not Service‐Connected x 0
Combined: 20%
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which his service‐incurred condition continues to
burden him. The Board wishes to clarify that it is subject to the same laws for 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.
Left Knee Condition. The CI had a 5 year history of left knee pain with no direct trauma then
injured it while playing organized physical training football. Orthopedics and Sports Medicine
evaluated the left knee and diagnosed OCD lesion of the lateral femoral condyle confirmed on
magnetic resonance imaging (MRI) exams which was non operable. The profile limitations
included no run, jump, road march, and able to perform an alternate physical fitness test. The
commander’s statement corroborated his left knee medical condition and noted his duties
consisted of constantly stooping and walking stairs, and bending of the knees which he could
not perform due to pain and these were normally expected of other soldiers of the same grade
and MOS. 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.
MEB ~6 Mos. Pre‐Sep
VA C&P ~2 Mos. Post‐Sep
Knee ROM
Flexion (140⁰ Normal)
Extension (0⁰ Normal)
Comment
§4.71a Rating
Left
135⁰
0⁰
10%
Painful motion
Left
110⁰
0⁰
No pain
10%
At the MEB exam, the CI reported constant throbbing pain that increased with activity (getting
out of a chair, going up and down stairs, kneeling and sometimes prolong standing), rest pain
was 2 of 10 in intensity, and active pain was 9 of 10 in intensity. The MEB physical exam
demonstrated symmetric leg length, slightly antalgic gait, no tenderness and normal muscle
testing of 5/5. The examiner referenced the diagnosis in the rating chart and further opined he
had physical findings of a potentially unstable and deranged left knee. At the VA Compensation
and Pension (C&P) exam, the CI additionally reported pain on squatting and could only squat
partially yet could stand from a partial squat, the knee had not given way or locked or had been
red, swollen or hot and he treated a flare‐up with rest. The C&P exam after separation
demonstrated no tenderness, deformity, edema, effusion or redness, negative ligament laxity,
2 PD1200663
positive sign for meniscal disease (McMurray), crepitation of the lateral joint line and patella
laxity. X‐rays revealed moderately narrow patellofemoral compartment which was suggestive
of chondromalacia patella. The examiner diagnosed left meniscus tear and chondromalacia
patella.
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 Board notes that both the
MEB and VA exams were complete, well documented, and compliant with VASRD §4.46
(accurate measurement) and similar in terms of ratable data and therefore the Board assigns
both exams equal probative value. The PEB and VA chose different coding options for the
condition which had some implications on the rating for the Board to consider and both rated
IAW §4.71a—Schedule of ratings–musculoskeletal system. The PEB assigned 20% rating coded
5003 (arthritis, degenerative) for marked/frequent pain which is consistent with the pain policy
VASRD code 5003 (arthritis, degenerative) specifies that, in the presence of degenerative
arthritis established by X‐ray findings, when “the limitation of motion of the specific joint or
joints involved is noncompensable 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. Limitation of motion must be
objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of
painful motion.” There is noncompensable ROM impairment of the left knee, and the Board
agreed that there is adequate documentation of painful motion of the joint in the prior to
separation data to merit application of a minimal compensable rating under this code. A 20%
rating under this code is assigned in the absence of limitation of motion with occasional
incapacitating exacerbations. The evidence does not support incapacitating episodes for this
higher rating; however the Board's recommendation may not produce a lower rating than that
of the PEB. The VA chose to dual code the left knee condition for slight patella subluxation, a
10% rating with code 5257 (Recurrent subluxation or lateral instability), and limitation of
motion, a 10% rating with code 5260 (Leg, limitation of flexion of), for a combined rating of
20%. The Board deliberated the application of dual ratings, based on separate ratings for
instability and limitation of motion (or painful motion) as established by VA policy in effect at
the time of separation (General Counsel Opinion of July 1, 1997 and Fast Letter 04‐22 of
October 1, 2004). By internal policy and precedent, the Board adheres to this guidance. VASRD
code 5257 for knee instability confers 10% for ‘slight’ instability, 20% for ‘moderate’, and 30%
for ‘severe’. The VASRD is not specific with delineating the criteria which satisfies the
descriptors of ‘slight’, ‘moderate’ or ‘severe’ thus allowing the evaluator some latitude in
applying these ratings. Members agreed the evidence does not support ‘moderate’ instability.
The 5260 code, designates that flexion be limited to at least 60 degrees to achieve a 0% rating;
and thus, even if §4.59 is applied, a higher 10% rating is not supported by the parameters of the
code. Therefore, while the Board agreed with the application of dual ratings by the VA, the
Board further agreed the evidence does not support a higher combined 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 left knee condition.
Contended PEB Conditions. The conditions adjudicated as not unfitting by the PEB were left
ankle pain and pes cavus and plantar faciitis; bilateral. 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. None of these conditions were permanently
profiled and none were implicated in the commander’s statement. All were reviewed by the
action officer and considered by the Board. There was no indication from the record that any
of these conditions significantly interfered with satisfactory duty performance. After due
3 PD1200663
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
left ankle and left foot contended PEB conditions and, therefore, no additional disability ratings
can be recommended.
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 likely reliance on the USAPDA pain policy for rating
left knee condition was operant in this case and the condition was adjudicated independently
of that policy by the Board. In the matter of the left knee condition and IAW VASRD §4.71a, the
Board unanimously recommends no change in the PEB adjudication. In the matter of the
contended left ankle pain and pes cavus and plantar fasciitis; bilateral conditions, the Board
unanimously recommends no change 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:
Osteochondral Defect Left Knee, Lateral Femoral Condyle
UNFITTING CONDITION
VASRD CODE RATING
5099‐5003
COMBINED
20%
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
XXXXXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXX, AR20130000828 (PD201200663)
4 PD1200663
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:
CF:
( ) DoD PDBR
( ) DVA
Encl
XXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
5 PD1200663
AF | PDBR | CY2014 | PD-2014-01692
No other conditions were submitted by the MEB.The Informal PEB adjudicated “traumatic osteoarthritis left knee, with OCD lesions, lateral femoral condyle and tibial plateau, s/p ACL reconstruction and microfracture of left femoral condyle”as a single unfitting condition, rated 10%,with likely application of theVA Schedule for Rating Disabilities (VASRD).The CI made no appealsand was medically separated. RECOMMENDATION : The Board, therefore, recommends there be no re-characterization of the...
AF | PDBR | CY2012 | PD-2012-01921
The MEB also identified and forwarded history of cellulitis, left knee, chronic bilateral hip pain secondary to bilateral iliotibial band friction syndrome, chronic mechanical low back pain, mild (less than a centimeter) left shorter than right limb length discrepancy, and mild bilateral pes planus conditions.The PEBadjudicated “left patellofemoral pain with secondary chronic left knee pain” as unfitting, rated 10%, with likely application of the Veterans Affairs Schedule for Rating...
AF | PDBR | CY2012 | PD2012-00394
Knee ROM Flexion (140⁰ Normal) Extension (0⁰ Normal) Comment PT ~7 Mo. Symptoms included ankle popping (predominately right); shin pain knees pop and can swell; with “knees and ankles are stiff and weak and his legs can give out.” The examiner stated “He has generalized and multiple symptoms regarding the lower extremities and it is difficult to sort them out specifically on taking the history.” The examiner indicated there was no foot condition; there was bilateral shin pain and right...
AF | PDBR | CY2012 | PD-2012-00440
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)...
AF | PDBR | CY2013 | PD-2013-01652
The PEB adjudicated “bilateral ankle pain and instability post Brostrom reconstruction” and “chronic foot pain due to plantar fasciitis” as unfitting, rated 0% and 0%, with likely application of the VA Schedule for Rating Disabilities (VASRD).The PEB found the referred left knee condition as not unfitting. Pre-Separation) ConditionCodeRatingConditionCodeRatingExam Chronic Foot Pain due to Plantar Fasciitis5399-53100%Left Foot Plantar Fasciitis with Pes Cavus5299-502010%20040205Right Foot...
AF | PDBR | CY2010 | PD2010-00023
Flexion (140⁰ normal)0-130⁰120⁰ (pain at 105⁰)Extension (0⁰ normal)-2⁰0⁰CommentPatellofemoral crepitusTenderness over knee medial worse than lateral; Positive patellar compression test§4.71a Rating10%10%At the time of the MEB exam on 2 November 2002, seven months prior to separation, the CI had severe left anterior knee pain which limited his activities of daily living. Negative testing included the McMurray test and tests for ligamentous instability; no effusion was noted and gait was...
AF | PDBR | CY2014 | PD-2014-01872
Chronic Right Knee Pain Condition . 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 left knee stress fracture condition and so no additional disability rating is recommended. Physical Disability Board of Review
AF | PDBR | CY2012 | PD-2012-01734
SEPARATION DATE: 20021130 “Chronic knee pain” and “Grade IV chondromalacia of patella, right knee,” were forwarded to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E. The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation.
AF | PDBR | CY2009 | PD2009-00094
If used, it would most likely be at the "Moderate" knee disability 20% level considering the totality of CI's knee exam and post-separation VA exam which demonstrated no worsening of CI's knee condition. In the matter of the Right Knee condition, the Board unanimously recommends separately coding the instability and painful motion of the CI's right knee with a rating of Chronic right knee instability s/p trauma, 5010-5257 at 20% and Right knee pain limited motion s/p trauma, 5010-5260 at...
AF | PDBR | CY2009 | PD2009-00653
The PEB adjudicated the ACL deficient right knee condition as unfitting, and assigned a disability rating of 10%. In the matter of the ACL deficient right knee, the Board unanimously recommends a disability rating of 10%, coded 5299-5003 IAW VASRD §4.71a. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability Board of Review Mr. XXXXX’s records not be corrected to reflect a change in...