RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1201087 SEPARATION DATE: 20030421
BOARD DATE: 20130108
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a National Guard SGT/E‐5 (12B/Combat Engineer), medically
separated for left knee pain. The CI injured his left knee during training in 2001. The left knee
condition could not be adequately rehabilitated following menisci surgery to meet the physical
requirements of his Military Occupational Specialty or satisfy physical fitness standards. He was
issued a permanent L3 profile and referred for a Medical Evaluation Board (MEB). The MEB
forwarded left knee osteoarthrosis as not meeting standards to the Physical Evaluation Board
(PEB). There were no other MEB conditions forwarded for PEB adjudication. The PEB
adjudicated the left knee condition as unfitting, rated 0% with application of the Veteran’s
Affairs Schedule for Rating Disabilities (VASRD). The CI made no appeals, and was medically
separated with a 0% disability rating.
CI CONTENTION: “Severe degenerative joint disease in both knees should have been rated
higher and affected my ever (sic) day living, quality of life and ability to stay gainfully
employed.”
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 unfitting left knee condition as
requested for consideration meets the criteria prescribed in DoDI 6040.44 for Board purview;
and, is addressed below. The 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:
Combined: 0%
*Prior L knee 10% from 20010209; temporary 100% (CFR4.30) from 20020128‐20020401; increased to 20% from 20040320.
** R knee 10% effective from 20031021
Service PEB – Dated 20021219
Condition
Code
Left Knee Pain
5003
↓No Additional MEB/PEB Entries↓
Rating
0%
Exam
20%*
20040320
Code
5010
Rating
VA (12 Mos. Post‐Separation) – All Effective Date 20040320
Condition
Residuals from S/P Posterior
Medial Meniscectomy, L/Knee
w/Degenerative Changes
Right /Knee w/Arthritis Assoc
w/residuals from S/P Posterior
Meniscectomy,
L/Knee,
w/Degenerative Changes
Not Service‐Connected x 1
Combined: 30%
5010‐5261
10%** 20011011
Left Knee ROM
(Degrees)
Flexion (140 Normal)
Extension (0 Normal)
MEB ~5 Mo. Pre‐Sep
130
‐5
Comment
moderate
tender; no instability
effusion;
VA C&P ~1 Mo. Post‐Sep
VA C&P ~12 Mo. Post‐Sep
“‐3 to 140”
“Limping with a crutch in the
right hand and wearing a
brace on left knee”; tender;
painful ROM; no instability; no
effusion
10% (VA 10%)
“15‐100”
Large effusion; severe varus
deformity; crepitus; pain with
ROM; pain
likely decreases
ROM by ~20%
20%
ANALYSIS SUMMARY:
Left Knee Condition: The CI had a several year history of left knee pain related to multiple
minor injuries while running. Radiological imaging revealed left knee osteoarthropathy, small
joint effusion and a meniscal tear. The CI underwent a left knee arthroscopic partial medial
meniscectomy in January 2002. Post‐operatively, his symptoms remained unchanged. The
goniometric range‐of‐motion (ROM) evaluations in evidence which the Board weighed in
arriving at its rating recommendation, with documentation of additional ratable criteria, are
summarized below.
§4.71a Rating
10% (PEB 0%)
At the MEB exam, the CI reported having continued persistent pain and swelling of his left knee
to the point of interference with activities of daily living as well as performing his military
duties. The MEB physical exam noted left knee ROMs as summarized above. Additionally,
there was tenderness under the patella as well as over the medial and lateral aspects of the left
knee. A moderate effusion was noted and there was no instability. Radiographs demonstrated
osteoarthrosis with magnetic resonance imaging showing degenerative changes as well as a
tear of the medial meniscus. The MEB DD Form 2808 noted moderate retropatellar grind.
At the VA Compensation and Pension (C&P) exam, a month after separation, the CI reported
continued left knee pain at a scale of 6/10 most days with episodes of 10/10 pain when severe.
The examiner stated “He uses a crutch, one crutch on the right. He has a knee brace for the left
knee, as well as a knee immobilizer for the right knee.” Both of these look new and do not
appear worn. Examination reveals joint line tenderness without evidence of instability. The
exam and ROMs are summarized above. A more remote VA exam, 12 months post‐separation,
indicated a large effusion and diminished ROMs as charted above. The VA rated this later exam
at 20%. Subsequent C&P exams and VA rating increases/adjustments are noted in the record.
The Board directs its attention to its rating recommendations based on the evidence just
described. It was unclear if the MEB extension was limited by 5 degrees, or hyperextension to 5
degrees, but this had no impact on rating as the 10% criteria for 5261 (Leg, limitation of
extension) is 10 degrees. Proximate to separation the exams indicated ROMs that were is
noncompensable under the appropriate knee diagnostic codes for flexion or extension. There
was objective evidence of traumatic arthritis [5010 (Arthritis, due to trauma)] and all exams
documented either Painful motion IAW §4.59 or swelling or disability IAW §4.45 (The joints) to
warrant a minimum 10% rating. There was no objective evidence of mechanical instability or
locking, but primary symptoms were “persistent pain and swelling” and the CI had complained
of locking. The VA exam proximate to separation indicated no effusion, while the MEB and
remote VA exams indicated knee effusion. Examination of the treatment record and imaging
documented numerous episodes of left knee effusion. The Board deliberated if the record
supported sufficient episodes of pain and effusion into the joint to meet the 5258 (Cartilage,
semilunar, dislocated) 20% criteria, despite no objective episodes of locking, or if the CI’s
disability picture was closer to the 5259 (Cartilage, semilunar, removal of, symptomatic) 10%
rating picture. Both codes include consideration of painful motion. The 5258 criteria are:
2 PD1201087
“Cartilage, semilunar, dislocated, with frequent episodes of “locking,” pain, and effusion into
the joint.”
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (Resolution of
reasonable doubt) and §4.59 (Painful motion), the Board recommends a disability rating of 10%
for the left knee condition, coded 5010‐5259.
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. In the matter of the left
knee condition, the Board unanimously recommends a disability rating of 10%, coded 5010‐
5259 IAW VASRD §4.71a.
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows, effective as of the date of his prior medical separation:
UNFITTING CONDITION
Left Knee Pain s/p Arthroscopic Surgery for Meniscal Tear
VASRD CODE RATING
5010‐5259
COMBINED
10%
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120702, 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 XXXXXXXXXXXXXXX, AR20130001032 (PD201201087)
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
3 PD1201087
recommendation to modify the individual’s disability rating to 10% 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
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1201087
AF | PDBR | CY2013 | PD-2013-01933
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AF | PDBR | CY2012 | PD2012-00688
The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. The PEB rated the knee condition as 5099‐5003 at 10% for pain “rated as slight /constant.” The VA rated 10% under 5010 for painful motion and tenderness. 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 / XXXXXXXXX), 2900...
AF | PDBR | CY2013 | PD-2013-01456
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AF | PDBR | CY2012 | PD2012-00858
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AF | PDBR | CY2009 | PD2009-00217
Unfitting ConditionsCodeRatingDateConditionCodeRatingExamEffective Degenerative Arthritis, Right Knee w/X-Ray Evidence500310%20011206Post-Operative Degenerative Joint Disease, Right Knee, w/some Narrowing of the Lateral CompartmentDegenerative Arthritis, Left Knee50030%20011206Degenerative Joint Disease, Left Knee5010 (List All PEB Conditions) The VA C&P exam does not mention any complaint of locking. After this evaluation, the VA increased the ratings for each knee to 20%.
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AF | PDBR | CY2011 | PD2011-00494
Flexion (140⁰ normal)“approximately 0 to 125⁰”100⁰110⁰Extension (0⁰ normal)0⁰0⁰CommentVarus deformity, palpable femoral osteophytes, scar, crepitus, TTP, no instability (including Lachman’s), neg McMurray’s, mildly pos patellar grind3+ effusion, TTP (medial joint line & lat epicondyle), 30 ml normal joint fluid aspirated, steroid injected; Hx incr pain & effusion due to moving over last 2-3 wks, no lockingPainful motion, crepitus, scar nontender, no instability (including Lachman’s), neg...