RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201397 SEPARATION DATE: 20011110 

BOARD DATE: 20130125 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SPC/E-4 (31F/Network Switching Systems Operator), 
medically separated for chronic right knee pain. The right knee condition did not improve 
adequately with treatment 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 forwarded no other conditions for 
Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the chronic right knee pain 
condition as unfitting, rated 10% with application of the US Army Physical Disability Agency 
(USAPDA) pain policy. The CI made no appeals, and was medically separated with a 10% 
disability rating. 

 

 

CI CONTENTION: “Continuing conditions with my knee have had increased limitations on job 
functions I can perform (sic), and thus have limited my ability to accept most outside, lifting, 
and most high physically active jobs, and in turn limits physical activity required in land and 
home maintenance requiring the hiring of help to perform certain physically demanding tasks.” 

 

 

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 right knee 
pain, 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 20010827 

VA (5 Mos. Post-Separation) – All Effective Date 20011111 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Chronic Right Knee Pain 

5099-5003 

10% 

Right Knee Patellofemoral Pain 
Syndrome, Residual of Injury 

5099-5260 

10% 

20020425 

Combined: 10% 

Combined: 10% 



 

 

ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit 
and vital fighting force. While the DES considers all of the member's medical conditions, 
compensation can only be offered for those medical conditions that cut short a member’s 
career, and then only to the degree of severity present at the time of final disposition. 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 nor for conditions 
determined to be service-connected by the Department of Veterans Affairs (DVA) but not 
determined to be unfitting by the PEB. However the DVA, operating under a different set of 


laws (Title 38, United States Code), is empowered to compensate all service-connected 
conditions and to periodically re-evaluate said conditions for the purpose of adjusting the 
Veteran’s disability rating should the degree of impairment vary over time. The Board’s role is 
confined to the review of medical records and all evidence at hand to assess the fairness of PEB 
rating determinations, compared to VASRD standards, based on severity at the time of 
separation. 

 

Chronic Right Knee Pain Condition. There were two 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) 

MEB ~7 Mo. Pre-Sep 

(20010409) 

VA C&P ~5 Mo. Post-Sep 

(20020425) 

Flexion (140 Normal) 

130 

140 

Extension (0 Normal) 

0 

0 

Comment 

Normal gait 

No instability 

Neg. meniscus signs 

No muscle atrophy 

Pain at extremes of extension. 

Crepitus 

No instability 

Neg. meniscus signs 

No muscle atrophy 

§4.71a Rating 

10% 

10% 



 

The CI injured his right knee prior to service in a 1993 skiing accident. He reinjured the knee 
while playing assigned physical training football in 1997 after he had reenlisted. X-rays in 
October 1999 were normal. Magnetic resonance imaging (MRI) scan of the right knee on 
24 November 1999 demonstrated degenerative changes of the menisci without tears. The 
remainder of the MRI was normal including cruciate and collateral ligaments. Orthopedics 
evaluation on 10 March 2000, noted the history of chronic right anterior knee pain since 1993 
with normal X-rays and MRI. On examination the ROM was normal (extension 0 degrees, 
flexion 130 degrees). There was no swelling, instability or muscle atrophy. A bone scan 
performed in April 2000 was normal. An examination on 12 September 2000 recorded patellar 
pain but was otherwise normal with normal ROM, no instability, no redness, no effusion, no 
patellar laxity, and no evidence of meniscal signs. The MEB was initiated. The MEB narrative 
summary (NARSUM), performed on 9 April 2001, 7 months prior to separation, physical exam of 
the right knee noted normal gait, no knee effusion, varus or valgus laxity, no medial or lateral 
joint line tenderness to palpation, no anterior or posterior instability, no atrophy of the 
muscles, no evidence of meniscal or anterior cruciate tears. ROM was essentially normal per 
the chart. A clinic encounter on 20 August 2001, noted that the knee pain had improved but 
that long runs made the knee pain worse. At the VA Compensation and Pension (C&P) 
examination on 25 April 2002, 5 months after separation, the CI reported the pain all the time 
aggravate by prolonged standing. He denied locking or swelling of the right knee. Since 
discharge, his only treatment was occasional aspirin or Tylenol. Examination revealed no 
significant limitation of motion but pain in the right knee at the extremes of extension; ROM 
was normal per the chart with mild (1+) crepitus. There was no instability or ligament laxity, no 
meniscus signs, and the patella was mobile without pain or tenderness. There was some 
weakness of the right leg without evidence of muscle atrophy (both thigh circumferences equal 
by tape measurement). 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB rated 10% for pain and the VA rated 10% for painful motion (§4.59). There was no 
compensable limitation of motion in any examination proximate to separation (5260 and 5261). 
There was no evidence of instability or dislocated meniscus with locking for consideration 
under the respective VASRD diagnostic codes (5257, 5258, and 5259). 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 chronic 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 and IAW VASRD §4.71a, the Board unanimously 
recommends no change in the PEB adjudication. 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: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Chronic Right Knee Pain 

5099-5003 

10% 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120619, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxxxxxx, 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 xxxxxxxxxxxxxxxxxxxxxxxxxx, AR20130006872 (PD201201397) 

 

 

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 xxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)