RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:   ARMY 
SEPARATION DATE:  20011012 

 
NAME:  XXXXXXXXXXXXXXXXX 
CASE NUMBER:  PD1200496 
BOARD DATE:  20130206 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  SPC/E-4  (13F/Fire  Support  Specialist),  medically 
separated for left knee injury status post (s/p) anterior cruciate ligament and medial meniscus 
repair.  The CI 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).    Alcohol  abuse 
condition, identified in the rating chart below, was also identified and forwarded by the MEB.  
The Physical Evaluation Board (PEB) adjudicated the left knee injury condition as unfitting, rated 
0%,  with  application  of  the  Veteran’s  Affairs  Schedule  for  Rating  Disabilities  (VASRD).    The 
remaining  condition  was  determined  to  be  not  unfitting.    The  CI  made  no  appeals,  and  was 
medically separated with a 0% disability rating.   
  
 
CI  CONTENTION:    “I  can’t  work  cont  climb,  can run,  can’t  stand  for  long  times,  I  have  anger 
problems because of this injury I over compensate to keep other from trying to take advantage 
of me.” 
 
 
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.    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 Board for Correction of Military Records.   
 
 
RATING COMPARISON:   
 

Service IPEB – Dated 20010905 

Code 

Rating 

VA (NO EXAM/STR) – All Effective Date 20011013 
Rating 

Condition 

Code 

Exam 

STR 

 

STR 

Condition 
Left Knee Injury s/p 
Anterior Cruciate 
Ligament and Medial 
Meniscus Repair 
Alcohol Abuse 

5299-5003 

0% 

5257 

20% 

Persistent Anterior Knee Pain, s/p Left 
Anterior Cruciate Ligament 
Reconstruction and Medial Meniscus 
Repair 
No VA Entry 

↓No Additional MEB/PEB Entries↓ 

Combined:  0% 

Not Unfitting 

 
0% X # / Not Service-Connected x 3 

Combined:  20% 

 

 
 
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.   
 
Left Knee Condition.  The CI underwent arthroscopic surgery of the left knee in March 1999 for 
reconstruction  of  the  anterior  cruciate  ligament  (ACL)  and  medial  meniscus  repair  (not 
meniscectomy).  He was returned to duty on a profile.  On 17 May 2001, the CI presented to the 
clinic reporting continued left knee problems with rucking and carrying 50 pounds or more for 2 
miles.  On 5 June 2001, an orthopedic physician assistant documented near normal range-of-
motion  (ROM)  (extension  0  degrees,  flexion  130  degrees),  medial  joint  line  tenderness,  a  1+ 
Lachman with solid end point (intact ACL), and absence of laxity on valgus and varus stress.  On 
3 July 2001, an orthopedic surgeon documented “full” ROM with a negative Lachman and no 
instability on valgus and varus stress.  At the time of the MEB narrative summary (NARSUM), on 
16 July 2001, the CI denied any functional instability post-operatively, but was unable to run 
more than a mile without pain or participate in strenuous military duties due to anterior knee 
pain.  On examination, there was full painless ROM (extension 0 degrees, flexion 140 degrees).  
There  was  no  instability  (negative  Lachman  with  good  end  point,  negative  drawer,  negative 
pivot shift, no laxity with varus or valgus stress).  There was no joint line tenderness but there 
was tenderness about the patella and positive patellar grind.  The PEB adjudicated a 0% rating 
based  on  full  ROM  without  residual  joint  instability.    There  was  no  VA  Compensation  and 
Pension (C&P) examination proximate to separation and the VA adjudicated a 20% rating under 
the code for instability (5257) based on the service treatment records (STR).  The Board directs 
attention to its rating recommendation based on the above evidence.  Board members agreed 
there  was  not  any  residual  instability  or  dislocated  meniscus  with  locking  that  warranted  a 
rating under VASRD diagnostic codes 5257 (instability) or 5258 (dislocated meniscus).  The MEB 
NARSUM  ROM  was  normal  and  non-compensable.    The  Board  discussed  whether  there  was 
sufficient evidence to support a 10% rating for painful motion (§4.59) or a 10% rating under 
diagnostic code 5259 for symptomatic status post removal of semilunar cartilage (meniscus), 
even though the CI underwent a meniscus repair, not removal.  ROM testing was characterized 
as painless, and the CI had limitations in running and strenuous military duties.  The intent of 
the  VASRD  is  for  rating  impairment  in  the  average  civilian  occupation  (§4.1).    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 left 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 left 
knee 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:   
 

Left Knee Injury s/p Anterior Cruciate Ligament Reconstruction… 

UNFITTING CONDITION 

VASRD CODE  RATING 
5299-5003 
COMBINED 

0% 
0% 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120604, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 

 
 
 

 

  XXXXXXXXXXXXXXX, DAF 
  Director 
  Physical Disability Board of Review 

 
 

 
 
 

 
 
 

 
 
 

 
 
 

 
 

 
 
 

SFMR-RB 
 
 
 
 
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 XXXXXXXXXXXXXXXXX, AR20130002820 (PD201200496) 
 
 
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 
 
 
 
 
         
 

     XXXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)