RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXXX CASE: PD1201678 

BRANCH OF SERVICE: ARMY BOARD DATE: 20130313 

SEPARATION DATE: 20020526 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SGT/E-5 (88M/Motor Transport Operator) medically 
separated for right knee pain. The CI was in a motorcycle accident in 1996 and injured his right 
knee. He underwent arthroscopic surgery in 2001. 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 right knee condition, characterized as right knee 
chondromalacia patella, anterior knee pain syndrome, and nonunion of patellar fracture, was 
forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. 
One other condition (identified in the rating chart below) was addressed by the MEB, and 
forwarded as meeting retention standards. The PEB adjudicated the right knee condition as 
unfitting, rated 20%, referencing the US Army Physical Disability Agency (USAPDA) pain policy. 
The remaining condition was determined to be not unfitting. The CI made no appeals, and was 
medically separated with a 20% disability rating. 

 

 

CI CONTENTION: The CI elaborated no specific contention in his application. 

 

 

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 right knee chondromalacia patella condition 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. Also IAW 
DoDI 6040.44, the Board’s authority is limited to making recommendations on correcting 
disability determinations. The Board’s role is thus confined to the review of medical records 
and all evidence at hand to assess the fairness of PEB rating determinations, compared to the 
Veterans’ Administration Schedule for Rating Disabilities (VASRD) standards, based on ratable 
severity at the time of separation. 

 

 

RATING COMPARISON: 

 

Service IPEB – Dated 20020307 

VA - (<1 Mos. Post-Separation) 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Rt Knee Chondro-Malacia 
Patella, with Anterior Knee 
Pain Syndrome, DJD 

5099- 
5003 

20% 

Status Post Fracture with 
Surgery and Degenerative Joint 

Disease of Right Knee 

5010-5262 

20% 

20020605 

Suspected Nocturnal Reflux 

Not Unfitting 

No VA Entry for Suspected Nocturnal Reflux 

No Additional MEB/PEB Entries 

Not Service Connected x 7 

20020605 

Combined: 20% 

Combined: 20% 



VARD 20020725 Most proximate to Date of Separation. No other VARDs in evidence 

 

 


ANALYSIS SUMMARY: 

 

Right Knee Pain. In 1996, the CI injured his right knee in a motorcycle accident. During the 
months that followed, his right knee pain became progressively worse. Many different 
treatment options were tried for his knee pain including: exercises, nonsteroidal anti-
inflammatory drugs (NSAIDs), physical therapy (PT), and surgery. However, in spite of 
treatment his knee pain persisted and an MEB was initiated. The MEB orthopedic exam was at 
Fort Carson on 30 January 2002. His right knee had full range-of-motion (ROM), and no 
ligamentous laxity. There was some swelling and tenderness to palpation (TTP) along the 
superolateral border of the right patella. Crepitus was noted, consistent with early 
chondromalacia of the right knee. Lachman’s and pivot shift test were both negative. He had 
good patellar mobility without evidence of patellar instability. The right lower extremity was 
neurovascularly intact. Right knee flexion was measured to be 143 degrees. Ten days after 
separation, he had a VA Compensation and Pension (C&P) exam. He reported pain in the right 
knee; with stiffness, swelling, and locking. Active flexion of the right knee was 120 degrees, 
with pain on extreme flexion. There was some TTP over the lateral right patella, but no 
swelling. The two ROM exams that were weighed by the Board in arriving at its rating 
recommendation are summarized below. 

 

Right Knee ROM 

MEB – 4 mos. Pre-Sep 

(20020131) 

C&P – 10 days Post-Sep 

(20020605) 

Flexion (140° is Normal) 

143°l 

120° 

Comment 

Painful motion not noted 

Pain on extreme flexion 

§4.71a Rating 

0% 

10%* 



 *10% based on VASRD §4.40 (Functional loss), §4.45 (The joints), and §4.59 (Painful motion) 

 

The Board carefully reviewed all evidentiary information available, and directs attention to its 
rating recommendation based on the above evidence. The PEB and the VA chose different 
coding options for the right knee condition, but both assigned a rating of 20%. Using data in 
the treatment record, the right knee was essentially non-compensable based on VASRD §4.71a 
codes for loss of knee motion (5260 and 5261), because the ROM was satisfactory. However; 
IAW VASRD §4.40, §4.45, and §4.59, a compensable rating is warranted when there is evidence 
of functional limitation due to painful motion of a major joint. The Board therefore determined 
that a 10% rating was warranted. As noted above, the PEB assigned a 20% rating for the right 
knee, and the Board is not permitted to recommend a rating lower than that. The Board tried 
to find a path to a rating higher than 20%, using other codes which could be applied to the right 
knee condition. The other VASRD codes that were considered did not result in a rating higher 
than 20%, since the treatment record did not show evidence of a significantly disabling joint 
abnormality which would justify a rating higher than 20%. 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 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. In the matter of the 
chronic right knee condition and IAW VASRD §4.40, §4.45, §4.59, and §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, Painful Right Knee Condition 

5099-5003 

20% 

RATING 

20% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120612, 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 
xxxxxxxxxxxxxxxxxxxxxxxx, AR20130006858 (PD201201678) 

 

 

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 xxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)