RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  MARINE CORPS 

 
NAME:  XXXXXXXXXXXXX 
CASE NUMBER:  PD1200730                                                    SEPARATION DATE:  20020115 
BOARD DATE:  20130122 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  LCpl/E-3  (0341/Infantry  Mortarman)  medically 
separated for right knee pain.  He was treated, but did not improve adequately to fully perform 
his military duties, or meet physical fitness standards.  He was placed on limited duty (LIMDU) 
and  underwent  a  Medical  Evaluation  Board  (MEB).  The  MEB  found  his  right  knee  condition 
medically  unacceptable,  and  referred  him  to  a  Physical  Evaluation  Board  (PEB).    No  other 
conditions were listed on the NAVMED 6100/1.  The PEB found the right knee pain unfitting, 
and  rated  it  10%  IAW  the  Veterans’  Administration  Schedule  for  Rating  Disabilities  (VASRD).  
The CI made no appeals, and was medically separated with 10% disability.   
 
 
CI’s CONTENTION:  “I feel I can’t excel in my line of work, I have constant pain all the time and 
still can’t straighten leg.”   
 
 
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 (early right knee arthritis, status post right 
lateral  meniscal  allograft)  meets  the  criteria  prescribed  in  DoDI  6040.44,  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 Board for 
Correction of Naval Records. 
 
 
RATING COMPARISON:   
 

VA (4 mos.  Post-Separation) – All Effective 20020116 

Condition 

Right Knee, Degenerative Changes 
Pesudofolliculitis Barbae and 
Seborrheic Dermatitis 

Code 

5010-5259 
7899-7814 

Rating 
10% 
10% 

Not Service Connected (NSC) x 4 
Combined:  20% 

Navy PEB – dated 20011113 
Condition 

Code 
5003 

Rating 
10% 

Right Knee Pain 

↓No Additional MEB/PEB Entries↓ 

Combined:  10% 

Exam 

20020617 
20020617 
20020617 

 
 
 
ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed by the CI regarding 
the  impairment  with  which  his  knee  condition  continues  to  burden  him,  and  the  significant 
impact that it has had on his quality of life.  It is noted for the record that the Board is subject to 
the same laws for disability entitlements as those under which the Disability Evaluation System 
(DES)  operates.  The  DES  has  neither  the  role  nor  the  authority  to  compensate  members  for 
future severity or potential complications of conditions.  That role and authority is granted to 
the Department of Veterans Affairs (DVA).  The Board evaluates DVA evidence in arriving at its 
recommendations, but its authority resides in evaluating the fairness of DES fitness and rating 
determinations at the time of separation.  Compensation can only be granted for the degree of 

severity present at the time of separation.  The DVA, however, is empowered to periodically re-
evaluate a CI’s conditions for the purpose of adjusting the disability rating should the degree of 
impairment change over time. 
 
Right  Knee  Condition.    In  November  1999,  this  Marine  injured  his  right  knee  while  playing 
basketball.  He was evaluated, and was diagnosed with a torn lateral meniscus.  He had multiple 
procedures  done  on  the  right  knee;  including  arthroscopic  debridement,  near  subtotal 
menisectomy  and  lateral  meniscal  allograft.    In  spite  of  treatment,  his  right  knee  problems 
persisted  and  an  MEB  was  initiated.    His  MEB  clinical  evaluation  was  in  September  2001. 
Examination revealed a slight lateral bulge and slight lateral joint line tenderness (JLT).  Range-
of-motion (ROM) was 0 to 140 degrees.  There was a positive lateral opening with varus force.  
McMurray’s was negative and Lachmann’s was stable at Grade IA. 
 
After separation from service, the CI was scheduled for a VA Compensation and Pension (C&P) 
examination of his joints, but he failed to appear for that exam.  He did have a C&P joint exam 
on 7 February 2004.  At that time, he reported occasional pain and popping in the right knee.  
He denied any episodes of swelling or instability.  The CI was able to run and play basketball, 
but had pain following that activity.  He was not taking any medications.  On exam, there was 
normal longitudinal alignment of the right knee, and some lateral JLT.  Right knee ROM was 5 to 
130  degrees.    There  was  no  instability  to  varus/valgus  stress.    Drawer  signs  (anterior  and 
posterior) were negative.  The two ROM evaluations which the Board weighed in arriving at its 
rating recommendation, are summarized in the chart below.   
 

Right Knee ROM 

Flexion (140⁰ Normal) 
Extension (0⁰ Normal) 

Comment 

§4.71a Rating 

MEB ~ 19 weeks Pre-Sep 

(20010905) 

VA C&P ~ 2 years Post-Sep 

(20040207) 

140⁰ 
0⁰ 

slight bulge & tenderness  

130⁰ 
5⁰ 

mild pain & popping 

10%* 

 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.    The  right  knee  was  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 
satisfactory evidence of functional limitation due to painful motion of a major joint.  The Board 
tried to find a path to a rating higher than 10%, 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 10%, since the treatment record did not show evidence of ankylosis, malunion, or 
any other significantly disabling joint abnormality which would justify a rating higher than 10%. 
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 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. 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 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.   
 
 
 

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RECOMMENDATION:  The Board, therefore, recommends that there be no recharacterization of 
the CI’s disability and separation determination, as follows:   
 

VASRD CODE  RATING 

5003 

COMBINED 

10% 
10% 

Right Knee Pain, due to Early Right Knee Arthritis 

UNFITTING CONDITION 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120602, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 

 

           XXXXXXXXXXXXXXXX 
           Director 
           Physical Disability Board of Review 

   3                                                           PD1200730 
 

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL 

                                  OF REVIEW BOARDS  
 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS 

Ref:   (a) DoDI 6040.44 

             (b) CORB ltr dtd 31 Jan 13 
 

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for 
the reasons provided in their forwarding memorandum, approve the recommendations of the PDBR 
that the following individual’s records not be corrected to reflect a change in either characterization 
of separation or in the disability rating previously assigned by the Department of the Navy’s 
Physical Evaluation Board: 
 
-    former USMC 
 
                  -    former USMC 
-    former USMC 
 
-    former USN  
 
-    former USN  
-    former USN  
-    former USN   

 
 

 

 

 
 
 
 
 
 
 

     

 

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

  XXXXXXXXXXXXX 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

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