RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
lumbago, right
NAME: XXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200414 SEPARATION DATE: 20091223
BOARD DATE: 20130115
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SFC/E‐7 (88N40/Traffic Management Coordinator),
medically separated for bilateral knee chondromalacia. The chronic bilateral knee pain started
in Kuwait in 2004; however, this was not attributed to any type of trauma. Despite various
medications, narcotics, nonsteroidal anti‐inflammatory drugs, and other non‐narcotics; steroid
injections; physical therapy (PT); orthopedics consults; and a knee brace, the CI failed to meet
the physical requirements of his Military Occupational Specialty or satisfy physical fitness
standards. The CI was issued a permanent P2/L3 profile and referred for a Medical Evaluation
Board (MEB). The MEB forwarded bilateral knee pain from chondromalacia to the Physical
Evaluation Board (PEB). Posttraumatic Stress Disorder (PTSD), major depressive episode,
obstructive sleep apnea, hypertension, hyperlipidemia,
index proximal
interphalangeal joint pain, pes planus, right shoulder pain, and left hallux bunion conditions,
identified in the rating chart below, were identified as meeting retention standards and were
also forwarded by the MEB. The PEB adjudicated the bilateral knee chondromalacia with
bilateral knee pain condition as unfitting, rated 20%, with 10% assigned for each knee and with
application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). The remaining
conditions were determined to be not unfitting. The CI made no appeals, and was medically
separated with a 20% disability rating.
CI CONTENTION: “Army rated PTSD 0 12/23/2009; VA rated PTSD 50% 12/24/2009. Medical
discharge should have been medical retirement.”
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 PTSD condition requested for
consideration and the unfitting bilateral knee condition meet the criteria prescribed in DoDI
6040.44 for Board purview, and are accordingly 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:
VA (1 Month Pre‐Separation) – All Effective Date
20091224
Condition
Patellofemoral
Left Knee
Patellofemoral
Right Knee
Anxiety Disorder, diagnosed
as PTSD with Depression,
NOS
Cod
e
5260 10%
5260 10%
9411
‐
9413
Exam
20091118
20091118
20091220
and
VA
treatment
20100115
Syndrome
Syndrome
50%
*
Rati
ng
Service IPEB – Dated 20090824
Condition
Rati
ng
20%
Cod
e
5099
‐
5003
Not
Unfitting
Knee
Bilateral
Chondromalacia
Post
Stress
(PTSD)
Major Depressive Not
Traumatic
Disorder
Sleep
Index
Addi(cid:415)onal
MEB/PEB
NO CORRESPONDING VA ENTRY
20091118
20091118
20091118
20091118
20091118
0% X 1 other / Not Service‐Connected x 1 other
Combined: 80% (Bilateral Factor 1.9)
6847 50%
Obstructive Sleep Apnea
7101 0%
Hypertension
5237 10%
Thoracolumbar Strain
Arthropathy Right Shoulder 5201 10%
Bilateral Pes Planus
5276 NSC
Unfitting
Episode
Not
Obstructive
Unfitting
Apnea
Not
Hypertension
Unfitting
Not
Lumbago
Unfitting
Right Shoulder Pain Not
Unfitting
Not
Pes Planus
Unfitting
Not
Hyperlipidemia
Unfitting
Right
Not
Proximal
Unfitting
Interphalangeal
Joint Pain
Not
Left Hallux Bunion
Unfitting
↓No
Entries↓
Combined: 20%
*Initially rated 9413 Anxiety Disorder NOS with Depression NOS at 30%. PTSD diagnosed
20100809. In 2011, review of new diagnosis and VA treatment records led to retroactive
increase to 50% effective 20091224, the day after separation.
ANALYSIS SUMMARY: The Board’s authority as defined in DoDI 6040.44, resides in evaluating
the fairness of Disability Evaluation System fitness determinations and rating decisions for
disability at the time of separation. The Board utilizes VA evidence proximal to separation in
arriving at its recommendations; and, DoDI 6040.44 defines a 12‐month interval for special
consideration to post‐separation evidence. Post‐separation evidence is probative only to the
extent that it reasonably reflects the disability and fitness implications at the time of
separation.
Bilateral Knee Chondromalacia with Bilateral Knee Pain Condition. On the DA Form 199, the
PEB appeared to have combined left and right knee chondromalacia as a single unfitting
condition, coded analogously to 5003 and rated 20%. However, the PEB explained that each
knee was assigned a 10% rating based on painful motion and the bilateral factor was applied to
arrive at the combined 20% rating.
There were three 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.
MEB ~9 Mo. Pre‐Sep
Bilateral Knee ROM
Left
140⁰ (140, 139,
140)
Flexion (140⁰ Normal)
pain 5/10
Extension (0⁰ Normal) 0⁰ (0, 0, 1)
pain 5/10
Right
135⁰ (135, 137,
134)
pain 5/10
0⁰ (1, 1, 2)
pain 6/10
Ortho ~7 Mo.
Pre‐Sep
Left
Right
VA C&P ~1 Mo.
Pre‐Sep
Left
Right
135°
135°
140⁰*
140⁰*
0⁰
0⁰
0⁰
0⁰
2 PD1200414
left
cyst,
Comment
20080407 MRI
knee‐mild
chondromalacia
ganglion
infrapatellar
tendonosis
20060205‐MRI Right
knee‐Grade
II
posterior horn medial
meniscus
increased
signal;
I
Grade
posterior horn lateral
meniscus changes
20080407‐MRI
right
knee‐No evidence of
chondromalacia
20031230 Bone scan
stress
related
changes
§4.71a Rating
Left knee: Gait mildly antalgic
favoring left knee; medial joint
tenderness medial; mild swelling
Bilateral findings: ROM limited
by pain with motion and
repeated motion,
fatigue
weakness,
lack of endurance,
incoordination; Tenderness and
of
pain
patellar
tendons;
crepitus with passive ROM; pain
with
patellar
subluxation;
normal stance and posture; no
ligamentous laxity; no assistive
device
Pain anterior,
worse
with
stairs
prolonged
sitting/kneelin
g; right seems
most affected;
no
locking,
or
effusions
instability; gait
and
stance
normal; motor
exam normal
*Painful
from
motion
70 to 140. No
decrease with
repeated
motion.
Tenderness;
normal
stability;
ligaments
normal;
guarding;
normal
knee
with activities
all
no
gait;
brace
10%
10%
10%
10%
10%
10%
The CI had a well‐documented history of bilateral knee pain. There was no history of trauma or
surgery for either knee. There were multiple PT notes in the service treatment record for the
CI’s left and right knee pain conditions that indicated bilateral knee tenderness and pain on
ambulation. The treatment notes indicated a diagnosis of chronic bilateral knee pain. The MEB
narrative summary (NARSUM) examination completed approximately 9 months prior to
separation, indicated a functional impairment of mechanical limitations due to painful motion.
The NARSUM exam findings are noted in the chart above. The CI was granted a permanent
P2L3 Profile for bilateral knee pain from chondromalacia and sleep apnea. The VA
Compensation & Pension (C&P) examination completed a month prior to separation noted
pain, stiffness, fatigue and lack of endurance bilaterally. The C&P exam findings are noted in
the chart above.
Contended PEB Conditions. The contended condition adjudicated as not unfitting by the PEB
was PTSD. 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 examination completed 4 months prior to separation indicated that
the CI’s symptoms developed after handling dead bodies while in theater and these symptoms
manifested themselves in the form of hypervigilance, irritability, self‐isolation, forgetfulness,
anxiety, and depression. The examiner opined that the CI occupational capacity was
characterized as mild: “symptoms manifest only during periods of stress, and cause
occupational impairment that decreases work efficiency and ability to perform occupational
tasks.” The Global Assessment of Functioning (GAF) was 60 to 65 (mild to moderate symptoms)
for PTSD and 55 (moderate symptoms) for major depressive episode. However, the examiner
also opined that the psychiatric symptoms were not independently impairing for military
service and the CI continued to meet retention criteria. The CI had been in treatment with a
civilian psychiatrist who had noted a GAF of 60 in April 2009 and 70 in July 2009. The CI had
also been receiving biofeedback and behavioral health counseling at Fort Hood along with
medications and therapy from the civilian psychiatrist; however, he was never issued a
permanent profile related to a mental health condition. The C&P exam accomplished 3 days
prior to separation noted a GAF of 65 (moderate symptoms). However, the examiner opined
that the CI did not meet diagnostic criteria for PTSD, major depression “although there is some
3 PD1200414
evidence that he may have in the past,” or generalized anxiety disorder. No actual Axis I mental
health diagnosis was made and the examiner noted the CI no longer had any significant
depressive symptoms at all. The CI did continue to have symptoms of PTSD, anxiety, and
depression, was later diagnosed with all three. He continued to receive treatment with
medication and both individual and group therapy. His GAFs ranged from 65 to 60 through
April 2010. No further GAFs were noted but in February 2011, he was noted to be doing better.
His monthly individual therapy was discontinued and he was scheduled to follow‐up in 5
months. The commander’s statement noted several examples of inappropriate conduct that
may or may not have been related to the CI’s mental illness. He wondered if the CI had had an
undiagnosed mental illness or if the CI was malingering. He stated the CI was unable to work
without direct supervision and often attended to medical issues without notifying his
supervisor.
The PTSD condition was reviewed by the action officer and considered by the Board. This
condition was not profiled and was not judged to fail retention standards. There was no
indication from the record that this condition significantly interfered with satisfactory duty
performance. 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 contended PTSD condition and, therefore, no additional disability
ratings can be recommended.
The Board directs attention to its rating recommendation based on the above evidence.
Although they used different VASRD codes, both the PEB and the VA rated each knee at 10%
based on painful motion. All exams met the 10% criteria rating for each knee with application
of VASRD §4.10 (Functional impairment), §4.40 (Functional loss), §4.45 (The Joints), and §4.59
(Painful motion). Neither coding scheme offers an advantage. After due deliberation,
considering all of the evidence and mindful of VASRD §4.3 (Resolution of reasonable doubt), the
Board recommends a separation rating of 5099‐5003 at 10% for the left knee chondromalacia
with pain condition and 5099‐5003 at 10% for the right knee chondromalacia with 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. The Board did not
surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD
were exercised. In the matter of the bilateral knee chondromalacia with bilateral knee pain
condition, the Board unanimously recommends no change in the PEB adjudication with a 10%
rating for each knee. In the matter of the contended PTSD condition, 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:
UNFITTING CONDITION
Left Knee Chondromalacia with Pain
Right Knee Chondromalacia with Pain
VASRD CODE RATING
5099‐5003
5099‐5003
10%
10%
20%
COMBINED (BLF 1.9)
4 PD1200414
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120507, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXXXX, 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
XXXXXXXXXXXXXXXX, AR20130001366 (PD201200414)
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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