RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

Code 

BRANCH OF SERVICE:  MARINE CORPS 
SEPARATION DATE:  20030315 

 
NAME:  XXXXX  
CASE NUMBER:  PD1200780 
BOARD DATE:  20130117 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  PVT/E-1  (9900/Basic  Marine  Recruit),  medically 
separated for a right knee condition (medical meniscus tear).  The CI was deemed a nonsurgical 
candidate  and  was  unable  to  complete  recruit  training.    He  was  placed  on  limited  duty  and 
referred for a Medical Evaluation Board (MEB).  Horizontal and radial tear of the posterior horn 
of the medial meniscus was forwarded to the Physical Evaluation Board (PEB) IAW SECNAVINST 
1850.4E.   No other  conditions  appeared  on  the  MEB’s  submission.    The  PEB  adjudicated the 
right knee condition as unfitting, rated 10% with application of the Veterans Affairs Schedule 
for Rating Disabilities (VASRD).  The CI made no appeals and was medically separated with a 
10% disability rating.   
 
 
CI CONTENTION:  “When seperated [sic], received 10% disability from PEB, never received any 
monthly comp.  When get re-eval wasn’t missing work due to injury – given 0% rating.  Have 
had 3 knee operations since seperation [sic].”   
 
 
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 Naval Records.   
 
 
RATING COMPARISON:   
 

5299-5003 

VA (6+ Yrs. Post-Separation) – All Effective Date 20081126* 
Condition 
Scar  as  Residual  S/P  Rt  Knee 
Surgery for Meniscal Tear 
Combined:  0% 

Service IPEB – Dated 20030127 
Condition 
Horizontal  &  Radial  Tear 
of Posterior Horn of the Rt 
Medial Meniscus 
Combined:  10% 
*This was the date the CI’s application for VA Compensation and Pension was received. 
 
ANALYSIS SUMMARY:  The Disability Evaluation System (DES) is responsible for maintaining a fit 
and vital fighting force.  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, at the time of separation.  The Board’s operative instruction, DoDI 6040.44, specifies 
a 12-month interval for special consideration to VA findings. This does not mean that later VA 
evidence  was  disregarded,  but  the  Board’s  recommendations  are  directed  to  the  severity  of 
unfitting conditions at the time of discharge from military service. In this case, therefore, the 
evidence from the service record is assigned significantly more probative value as a basis for 
the Board’s recommendations. 
 

Rating 

Exam 

Code 

7805 

0% 

20091025 

Rating 

10% 

Right Knee Condition.  The CI sought treatment for right knee pain and swelling aggravated with 
activity.  He reported a prior history of meniscal injury which had required arthroscopic surgery.  
The evidence documented the symptoms developed either without trauma or due to a twisting 
injury on a bayonet course.  Orthopedics evaluated his right knee for a meniscal tear confirmed 
by magnetic resonance imaging and deemed him a non -surgical candidate at that time.  The 
MEB physical exam demonstrated pain with right knee pivoting that was 7 of 10 in intensity, 
normal  neuromuscular  findings  of  the  right  lower  extremity  and  no  loss  of  range-of-motion 
(ROM).  At the VA Compensation and Pension (C&P) exam more than 6 years after separation, 
the CI reported weakness, stiffness, giving way, locking, pain at night and with activity, flare-ups 
as often as 10 times per day with each lasting various periods of time, with a pain severity level 
of  10.    He  denied  incapacitation,  swelling,  heat,  redness,  lack  of  endurance,  fatigability, 
deformity,  tenderness,  drainage,  effusion,  subluxation  or  dislocation.    The  CI  was  not  taking 
medications for his condition, was employed as a vet technician and the duties aggravated his 
condition.  The C&P exam documented normal posture and gait and the right knee was without 
signs  of  edema,  instability,  abnormal  movement,  effusion,  weakness,  tenderness,  redness, 
heat, deformity, misalignments, drainage, subluxation or guarding of movement.  All ligament 
and meniscal testing were normal, there was no loss of ROM and there were no Deluca criteria 
observations.  The right knee X-ray findings were within normal limits. 
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB’s 10% rating coded analogous to 5003 (arthritis degenerative) likely concedes VASRD §4.59 
(Painful  motion)  for  the  pivot  pain.    The  VA  chose  to  rate  only  the  residual  scar  as  their 
evidence did not support residual joint disease.  Members deliberated if a 20% rating could be 
recommended under the 5258 code for cartilage, semilunar, dislocated, with frequent episodes 
of “locking,” pain, and effusion into the joint.”  This would require its analogous application, 
since the code cites “dislocated” cartilage and this was not in evidence, although there were 
meniscal findings on imaging.  The description of symptoms in the MEB history, and degree of 
disability proximate to separation, however, did not closely align with the criteria of code 5258.  
The Board additionally considered rating analogous to code 5257 (recurrent subluxation of the 
knee); this would allow for a 20% or 30% rating were the condition judged to be “moderate” or 
“severe,”  respectively,  however  the  evidence  reflected  the  joint  was  stable.    After  due 
deliberation,  considering  all  of  the  evidence  and  mindful  of  VASRD  §4.3  (Resolution  of 
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 §4.71a, 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:   
 

UNFITTING CONDITION 
Horizontal & Radial Tear of Posterior Horn of Medial Meniscus 

 
 

VASRD CODE  RATING 
5299-5003 
COMBINED 

10% 
10% 

   2                                                           PD1200780 
 

The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120614, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 

 

           XXXX 
           Director 
           Physical Disability Board of Review 

   3                                                           PD1200780 
 

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 08 Feb 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: 
 
 

 

 

 

     

 
 
 
 
 

-  xx former USMC 
-  xx former USMC 
-  xx former USN  
-  xx former USMC 
-  xx former USMC 
-  xx former USN  
  

 

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

xxxxx 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

   4                                                           PD1200780