RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200688 SEPARATION DATE: 20030124
BOARD DATE: 20130116
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty PV2/E‐2 (11B10/Infantryman), medically separated
for chronic pain of the left knee due to medial meniscus tear status post (s/p) repair. He had a
left knee injury in January 2002 with multiple re‐injuries, and he had an elective arthroscopy
with a medial meniscal tear repair June 2002. He was re‐injured with continued meniscal tear,
and continued to have locking episodes with pain; he declined additional surgery. The CI could
not be adequately rehabilitated to meet the physical requirements of his Military Occupational
Specialty 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 left knee condition as
unfitting, rated 10% with cited 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: “Rating of 10% for left knee should change due to the following: left knee
arthritis, instability, meniscus tear, strain on the anterior cruciate ligament, pain and limited
flexion motion.”
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 unfitting left knee condition as
requested for consideration 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:
Code
5099‐5003
Rating
10%
VA (3 Mos. Post‐Separation) – All Effective Date 20030125
Condition
S/P Arthroscopic Repair, Lt Knee
Not Service‐Connected x 1
Combined: 10%*
Service IPEB – Dated 20021113
Condition
Chronic Lt Knee Pain
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
* Temporary (convalescent) 100% L knee rating from 20080429‐20080801.
ANALYSIS SUMMARY:
Left Knee Condition. The CI underwent left knee medial meniscus tear surgical repair 7 months
prior to separation. He continued to complain of left knee pain and swelling, and 4 weeks after
surgery, he re‐injured his knee. He had another magnetic resonance imaging exam that
Exam
20030506
20030506
Code
5260‐5010
Rating
10%
Left Knee ROM
Flexion (140⁰ Normal)
Extension (0⁰ Normal)
Comment: Surgery 7 Mo.
Pre‐Sep
§4.71a Rating
PT ~5 Mo. Pre‐Sep
“AROM ‐10→125⁰”
+ swelling; + crepitus;
tender
s/p
surgery)
10%
(12 wks
MEB ~3 Mo. Pre‐Sep
130⁰
0⁰
Positive effusion; antalgic
gait; tender, +McMurray’s
(see text)
10%
VA C&P ~3 Mo. Post‐Sep
130⁰
0⁰
Painful motion; tender;
‐McMurray’s; no swelling
(see text)
10%
showed continued meniscus tear. The goniometric range‐of‐motion (ROM) evaluations in
evidence which the Board weighed
its rating recommendation, with
documentation of additional ratable criteria, are summarized in the chart below.
in arriving at
The MEB narrative summary (NARSUM), 3 months prior to separation, noted the CI denied
locking or giving‐out. On examination there was a positive McMurray (meniscus pain). There
was no instability. The examiner stated “He has an antalgic gait” (painful limp),” and effusion
was noted. At the VA Compensation and Pension (C&P) exam, 3 months after separation, the
CI reported knee pain when walking, stair climbing or when running, with swelling afterwards.
He complained of intermittent sharp medial knee pain. The examiner recorded that the knees
did not lock or give away. The physical examination is summarized above in addition to the
findings of tenderness to palpitation of the medial joint line in the left knee. The McMurray
test for meniscus signs was negative. There was no evidence of instability. Diagnosis was left
knee meniscal tear with s/p arthroscopic repair and right knee pain, no instability or knee
pathology found.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB rated the knee condition as 5099‐5003 at 10% for pain “rated as slight /constant.” The VA
rated 10% under 5010 for painful motion and tenderness. The Board noted that the near
normal ROM was non‐compensable under VASRD diagnostic codes for limitation of motion.
There were no objective findings of instability to warrant consideration under 5257 (instability).
The CI had evidence of painful motion and was symptomatic s/p meniscus surgery supporting a
10% rating with application of VASRD §4.59, §4.40 or using code 5259 (cartilage, semilunar,
removal, symptomatic).
Finally, the Board considered the 5258 code for “semilunar, dislocated, with frequent episodes
of “locking”, pain, and effusion into the joint.” The treatment notes recorded several episodes
of effusion, but no evidence of a dislocated meniscus or record of mechanical locking or giving
way post surgery. The NARSUM noted no locking and the C&P exam reported negative
McMurray and no locking. All board members agreed the effusion described in the NARSUM
and the episodes of knee locking reported in the service treatment record entries was
insufficient evidence to support a 20% rating under this code. After due deliberation,
considering all of the evidence and mindful of VASRD §4.3 (Resolution of reasonable doubt), the
Board recommends no change in the PEB adjudication.
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 the left knee condition was operant in this case
and the condition was adjudicated independently of that policy by the Board. In the matter of
the chronic left knee pain condition the Board unanimously recommends no change in the PEB
adjudication. There were no other conditions within the Board’s scope of review for
consideration.
2 PD1200688
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
VASRD CODE RATING
5099‐5003
COMBINED
10%
10%
UNFITTING CONDITION
Chronic Lt Knee Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120606, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXX, AR20130001399 (PD201200688)
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
3 PD1200688
4 PD1200688
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