NAME: XXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200604
SEPARATION DATE: 20030702
BOARD DATE: 20121109
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a PV2/E-2 (19K/Student) medically separated for bilateral knee pain
due to iliotibial band friction syndrome (IBFS). The CI was treated, but did not improve
adequately to fully perform his military duties or meet physical fitness standards. He was
issued a permanent L-3 profile and underwent a Medical Evaluation Board (MEB). The MEB
referred him to a Physical Evaluation Board (PEB) for his bilateral IBFS. No other conditions
were listed on the DA Form 3947. The PEB found the knee pain unfitting, and rated it 0% IAW
the U.S. Army Physical Disability Agency (USAPDA) Policy/Guidance Memorandum #13, dated
08 April 2002. The CI accepted the PEB findings, and was medically separated with a 0%
disability rating.
CI CONTENTION: “I was told before discharge that I may want to look into surgery for both
right and left knees which I am in constant pain every day. But can’t afford not to work.”
SCOPE OF REVIEW: The Board’s scope of review as defined in DoDI 6040.44, 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 unfitting knee condition (bilateral IBFS) meets the criteria prescribed
in DoDI 6040.44 for Board purview, and is accordingly addressed below. No other conditions
are within the Board’s purview. Any condition outside the Board’s defined scope of review may
be eligible for future consideration by the Army Board for Correction of Military Records.
RATING COMPARISON:
Condition
Bilateral Knee Pain
Army PEB – dated 20030611
Code
5099-5003
Rating
0%
VA (No C&P Exam done, until years later) – All Effective 20030703
Exam
MEB*
MEB*
Left Knee Pain
Right Knee Pain
Rating
10%
10%
Code
5099-5014
5099-5014
Condition
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
↓No Additional MEB/PEB Entries↓
Combined: 0%
Combined: 20%
*VA Rating Decision (VARD) dated 20030708 was based on evidence from the Service Treatment Record, MEB, and PEB
ANALYSIS SUMMARY:
Bilateral knee pain, due to Iliotibial Band Friction Syndrome (IBFS). The CI has had a long history
of knee pain. At his MEB evaluation performed in May 2003, he said that he has always had
knee pain, and the knees have always caused problems. He reported knee pain with running,
squatting, kneeling, and doing stairs. On examination, he was in no acute distress and the
knees were nontender to palpation. He had negative patellofemoral compression, negative
joint line tenderness, negative varus/valgus instability, and negative effusion. Active range-of-
motion (ROM) for both knees was full. For an orthopedic diagnosis, the May 2003 MEB
examiner stated: “Bilateral iliotibial band friction syndrome, unrelieved with conservative
treatment.” Knee ROM was apparently not measured goniometrically. Also in May 2003, the CI
filed a VA disability claim, but no VA Compensation and Pension (C&P) exam was done at that
time. His VA Rating Decision (VARD) dated 8 July 2003 was based on evidence from the service
treatment record (STR), MEB, and PEB. The VA rated his knees at 10% each, for a combined
disability rating of 20%.
The Board carefully reviewed all evidentiary information available, and directs attention to its
rating recommendation based on the evidence above. The Army PEB combined the CI’s knee
pain into a single unfitting condition: Chronic bilateral knee pain due to IBFS. The knee pain
condition was coded 5099-5003 and rated at 0%. In contrast, the VA unbundled the two knees,
and rated each knee at 10%. The Board evaluated whether or not it was appropriate for the
two knees to be “bundled” together. The Board must determine if the PEB’s approach of
combining the conditions under a single rating was justified in lieu of separate ratings. The
Board must apply separate codes and ratings in its recommendations if compensable ratings for
each condition are achieved IAW the Veterans’ Administration Schedule for Rating Disabilities
(VASRD) §4.71a. If the Board judges that two or more separate ratings are warranted,
however, it must satisfy the requirement that each ‘unbundled’ condition was separately
unfitting. After due deliberation, the Board agreed that the evidence supports a conclusion
that the chronic painful condition in each knee, separately, would have rendered the CI unable
to perform his required military duties. Accordingly, the Board recommends a separate
disability rating for each knee.
There was no documented limitation of knee motion. Therefore, both knees are essentially
non-compensable based on the VASRD §4.71a diagnostic codes for loss of knee motion (5260
and 5261). However; IAW VASRD §4.40, §4.45, and §4.59, a 10% rating is warranted when
there is evidence of functional limitation due to painful motion of a major joint. Although it
was not specifically documented by the examiner, the Board surmises that both knees were
painful to motion. It is recorded that the CI had pain every time he runs. After due
deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the
Board recommends a rating of 10% for right knee pain, due to IBFS. In like manner, the Board
recommends a disability rating of 10% for left knee pain, due to IBFS.
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 noted above, the Army
PEB used the USAPDA pain policy for rating the bilateral knee pain condition. The knee pain
condition was adjudicated independently of that policy by the Board. In the matter of the
bilateral knee pain, the Board unanimously recommends that each joint be separately
adjudicated as follows: an unfitting right knee condition coded 5099-5003 and rated 10%, and
an unfitting left knee condition coded 5099-5003 and rated 10%. These knee pain ratings are
IAW VASRD §4.40, §4.45, §4.59, and §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:
VASRD CODE
5099-5003
5099-5003
COMBINED (with BLF)
RATING
10%
10%
20%
UNFITTING CONDITION
Right Knee Pain, due to Iliotibial Band Friction Syndrome
Left Knee Pain, due to Iliotibial Band Friction Syndrome
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120705, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXXXX
President
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / ), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXXXXXX, AR20120021958 (PD201200604)
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 20% 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
CF:
( ) DoD PDBR
( ) DVA
XXXXXXXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
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