RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20010915
NAME: XXXXXXXXXXXXXXX
CASE NUMBER: PD1200943
BOARD DATE: 20130110
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (71L10/Administrative Specialist), medically
separated for left knee bipartite patella, injured during airborne training, and re‐injured while
running. The CI could not be adequately rehabilitated 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
identified and forwarded moderate chronic low back pain (LBP), existed prior to service (EPTS)
but permanently service aggravated (PSA), as identified in the rating chart below, as being
medically unacceptable. The Physical Evaluation Board (PEB) adjudicated the left knee bipartite
patella condition as unfitting, rated 0%, with likely application of the US Army Physical Disability
Agency (USAPDA) pain policy, and the Veteran’s Affairs Schedule for Rating Disabilities (VASRD).
The PEB stated the low back condition was EPTS and not PSA, but also considered it and
determined it to be not unfitting and not ratable. The CI made no appeals, and was medically
separated.
CI CONTENTION: “Getting Worse. More pain in knees and back.”
SCOPE OF REVIEW: The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3,
paragraph 5.e. (2). It is limited to those conditions determined by the PEB to be unfitting for
continued military service and those conditions identified but not determined to be unfitting by
the PEB when specifically requested by the CI. Ratings for unfitting conditions will be reviewed
in all cases. The left knee and low back conditions as requested for consideration meet the
criteria prescribed in DoDI 6040.44 for Board purview and are 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 respective Army Board for Correction
of Military Records.
RATING COMPARISON:
Rating
0%
Code
5299‐5003
Not Unfitting
VA (21 Mos. Post‐Separation) – All Effective Date 20030604*
Condition
Lt Knee Internal Derangement
w/ DJD
Lumbosacral Strain w/ DJD
0% X # / Not Service‐Connected x #
Combined: 10%
Service IPEB – Dated 20010710
Condition
Lt Knee Condition
Low Back Pain
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 0%
*CI’s application for VA Compensation and Pension was received on 20030604; that therefore became the effective date of the
ratings because it was more than 12 months post‐separation.
Exam
20030702
20030702
20030702
Code
5010‐5257
5292
Rating
10%
0%
ANALYSIS SUMMARY:
Left knee condition. There were three range‐of‐motion (ROM) evaluations in evidence, one of
which was goniometric, with documentation of additional ratable criteria, which the Board
weighed in arriving at its rating recommendation; as summarized in the chart below.
Left knee ROM
(Degrees)
Ortho ~ 6 Mo. Pre‐Sep
(20010319) p.145
MEB ~ 4.5 Mo. Pre‐Sep
(20010504) p.24
VA C&P ~ 21 Mo. Post‐Sep
(20030702) p.47/51
Flexion (140 Normal)
Extension (0 Normal)
Comment
FROM
FROM
+Tenderness
No instability.
§4.71a Rating
0%
FAROM
FAROM
+ Tenderness
No instability
No locking
0%
140
0
Gives way 2/mos.
No instability
Normal gait
0%
An orthopedic consultation on 19 March 2001, 6 months prior to separation, noted a 3 year
history of left knee pain without a specific history of injury, worse with sitting, squatting, and
activity. The CI reported he was unable to run more than one half mile. On examination, there
was a tender, prominent left superior‐lateral patella with full ROM. A magnetic resonance
imaging (MRI) scan performed on 19 March 2001 demonstrated a bipartite left patella, a
developmental condition. The MRI of the left knee was otherwise normal. A prior bone scan
on 16 March 2001 showed intense uptake of the left patella. At the MEB narrative summary
(NARSUM) examination, 4 May 2001, 4 months before separation, the CI reported constant
knee pain exacerbated by running, jumping, marching, impact activities, and heavy lifting. He
declined surgery to repair a bipartite patella. Physical exam revealed full left knee active ROM,
prominent superolateral patella with tenderness, and no effusion. At the VA Compensation
and Pension exam 21 months after separation, the CI reported left knee pain, giving way every
2 weeks, but no locking. Examination revealed normal gait, and full ROM of the left knee.
There was a positive meniscus sign (McMurray’s) but no instability and negative patellar tests.
The examiner concluded with diagnosis of “internal derangement left knee, bipartite patella.”
Contended PEB Condition. The contended condition adjudicated as not unfitting by the PEB
was chronic LBP. The Board’s first charge with respect to this condition 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 (Resolution of reasonable doubt) standard used
for its rating recommendations, but remains adherent to the DoDI 6040.44 “fair and equitable”
standard. The NARSUM noted a history of recurrent chronic LBP associated with weight lifting
since prior to entry into service. The chronic LBP had been permanently profiled L3 since 1998
and was implicated in the commander’s statement, but was not judged to fail retention
standards. The Board’s review of this condition disclosed no incapacitating episodes that
required physician prescribed bed rest anywhere in the treatment record. The Board noted
that the CI had met a MOS Medical Retention Board (MMRB) and was directed to be
reclassified in April 1999; there was no performance based evidence in the record that the
chronic LBP condition significantly interfered with satisfactory duty performance after the MOS
MMRB change and at the time of separation. 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 chronic LBP (EPTS/not PSA)
contended condition and so no additional service disability ratings are recommended.
The Board directs attention to its rating recommendation based on the above evidence. There
was no limitation of motion or instability to support a compensable rating under the respective
codes (5257, 5260, or 5262). There was no torn, dislocated meniscus or post‐operative removal
of a meniscus for consideration under those codes (5258 and 5259). There was no painful
2 PD1200943
motion on examinations. The PEB used the USAPDA pain policy to adjudicate a 0% rating coded
5099‐5003. The VA rated the left knee 10% (5010‐5257; traumatic arthritis and instability)
citing the bipartite patella on X‐ray and equating it to degenerative joint disease. However, the
bipartite patella is not a manifestation of degenerative joint disease (DJD), and MRI and X‐rays
did not show internal derangements or DJD. Board members agreed, the totality of the
evidence more nearly approximated the zero percent rating adjudicated by the PEB. After due
deliberation, considering all of the evidence and mindful of VASRD §4.3 (Resolution of
reasonable doubt), the Board concluded that there was insufficient cause to recommend a
change in the PEB adjudication for the left knee pain 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
likely reliance on the USAPDA pain policy for rating the 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 pain condition and IAW VASRD §4.71a, the Board unanimously
recommends no change in the PEB adjudication. In the matter of the contended LBP
conditions, the Board unanimously recommends no change from the PEB determination 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
5299‐5003
COMBINED
0%
0%
UNFITTING CONDITION
Left Knee Condition
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120606, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
3 PD1200943
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXX, AR20130001172 (PD201200943)
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
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
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