RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201098 SEPARATION DATE: 20010921 

BOARD DATE: 20130226 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty PFC/E-3 (74B/Information Systems Analyst), medically 
separated for chronic pain, right knee, due to retropatellar pain syndrome. The CI reports 
injuring his right knee on an obstacle course during Basic Training. He continued experiencing 
pain toward the end of his Basic Training in the fall of 2001. Upon arrival to his Advanced 
Individual Training (AIT) at Fort Gordon, GA he passed the initial diagnostic physical fitness test 
but continued experiencing right knee pain. He was evaluated by Orthopedics and Mental 
Health for stress related to his knee pain and his inability to participate in the physical 
requirements of his training. The CI did not improve adequately and was unable to meet the 
physical requirements of his AIT and was referred by Orthopedics for a Medical Evaluation 
Board (MEB). The MEB forwarded no other conditions for Physical Evaluation Board (PEB) 
adjudication. The PEB adjudicated the right knee pain condition as unfitting, rated 0% with 
application of the US Army Physical Disability Agency (USAPDA) pain policy. The CI made no 
appeals, and was medically separated with a 0% disability rating. 

 

 

CI CONTENTION: “Right knee and left foot.” 

 

 

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 rated condition chronic pain, right 
knee, due to retropatellar pain syndrome, as requested for consideration, is the only condition 
that meets the criteria prescribed in DoDI 6040.44 for Board purview; and, is 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 Army Board for 
Correction of Military Records. 

 

 

RATING COMPARISON: 

 

Service PEB – Dated 20010904 

VA (14 Mos. Post-Separation) – All Effective Date 20020927 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Chronic Right Knee Pain 
Due to Retropatellar Pain 
Syndrome 

5099-5003 

0% 

Retropatellar Pain Syndrome, 
Right Knee 

5014 

10% 

20021109 

Combined: 0% 

Combined: 10%* 



*VARD dated 20111202 awards a combined rating of 50% effective 20091101 based upon increases in conditions not in the 
scope of this board. The scope condition remains at 10% through all VARDs. 

 

 

 

 

 


ANALYSIS SUMMARY: It is noted for the record that the Board recognizes the significant 
interval (14 months) between the date of separation and the VA evaluation. DoDI 6040.44, 
under which the Board operates, specifies a 12-month interval for special consideration to VA 
findings. This does not mean that the VA information was disregarded, as it was a valuable 
source for clinical information and opinions relevant to the Board’s evaluation. In matters 
germane to the severity and disability at the time of separation, however, the information in 
the service record was assigned proportionately more probative value as a basis for the Board’s 
rating recommendations. 

 

Chronic Right Knee Pain. There were two (2) 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. 

 

Right Knee ROM 

(Degrees) 

NARSUM ~3 Mo. Pre-Sep 

VA C&P ~14 Mo. Post-Sep 

Flexion (140 Normal) 

130 

140 

Extension (0 Normal) 

“0 to -5”* 

0 

Comment 

+Crepitus, tenderness. No 
instability 

+Mild crepitus, “occasional 
locking,” no painful motion 

§4.71a Rating 

0% or 10% (PEB 0%) 

0% or 10% (VA 10%) 



 *Minus 5 refers to hyperextension 

 

The narrative summary (NARSUM) dated 27 June 2001 referred to two separate physical exams 
in March and May 2001, respectively, which were not available for review. The NARSUM notes 
that the CI “states….he’s had continuous pain in his right knee.” The NARSUM author’s 
separate exam of the right knee noted no laxity, edema, or instability. Tests for potential 
anterior cruciate ligament (ACL) injury (anterior drawer, Lachman and pivot shift) and meniscus 
injury (McMurray) were negative. The examiner noted “an unimpressive patellar grind.” The 
gait was non-painful. Magnetic resonance imaging (MRI) of the right knee was unremarkable; 
there was no effusion or abnormalities of ligaments, tendons or joint surfaces. The report of 
the VA Compensation and Pension (C&P) exam in November 2002, 14 months after separation, 
noted pain, stiffness, “occasional locking,” fatigability, and lack of endurance involving the right 
knee. The right knee condition had a “minimal effect on his occupation or daily activities.” The 
examiner noted a normal gait and no apparent functional limitations on standing and walking. 
The report referred to an undated X-ray which reportedly showed no abnormalities of the 
bones or compartment spaces. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB assigned a 0% rating under an analogous 5003 code (degenerative arthritis). The VA 
assigned a 10% rating under the 5014 code (osteomalacia). Board members agreed that a 10% 
rating is reasonably conceded with application of §4.40 (Functional loss) in view of the impact 
on his MOS duties, or IAW §4.59 (Painful motion) given physical examination findings. After 
due deliberation, considering all of the evidence and mindful of VASRD §4.3 (Resolution of 
reasonable doubt), the Board recommends a disability rating of 10% for the right 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 
reliance on the USAPDA pain policy for rating chronic right knee pain 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 condition, the Board unanimously recommends a disability rating of 


10%, coded 5099-5003 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 his prior medical separation: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Chronic Right Knee Due to Retropatellar Pain Syndrome 

5099-5003 

10% 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120621, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

(TAPD-ZB / xxxxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 

 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 

for xxxxxxxxxxxxxxxxxxxxxxxx, AR20130007795 (PD201201098) 

 

 

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 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 xxxxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)