RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

Rating 
10%* 
10% 

Exam 
20000325 
20000325 

BRANCH OF SERVICE:  ARMY 
SEPARATION DATE:  20040302 

 
NAME:  XXXXXXXXXXXXXXX 
CASE NUMBER:  PD1200891 
BOARD DATE:  20130125 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  SPC  E-4  (62E/Heavy  Construction  Equipment 
Operator), medically separated for right knee injury.  The CI initially experienced a twisting right 
knee injury in 1994, while in the Marine Corps and underwent arthroscopic surgery to repair his 
meniscus (partial menisectomy) in November 1996.  The CI left the Marine Corps in 1997 and 
was  discharged  without  medical  problems.    He  entered  active  duty  with  the  Army  on  1  July 
2001.  The CI re-injured his right knee in July 2001 during physical training.  He did not improve 
adequately to conservative and rehabilitative treatment 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).  Knee pain secondary 
to  chondromalacia  was  forwarded  to  the  Physical  Evaluation  Board  (PEB)  as  medically 
unacceptable IAW AR 40-501.  The PEB adjudicated the right knee injury condition as unfitting, 
rated 0%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).  The 
CI made no appeals, and was medically separated with a 0% disability rating. 
 
 
CI CONTENTION:  “My disability was severe enough that I could not continue active duty.  Also 
since my separation in 2004, I have had 1 additional knee surgery.  I live in pain daily.” 
 
 
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  rating  for  the  unfitting  right  knee 
condition  is  addressed  below;  and,  no  additional  conditions  are  within  the  DoDI  6040.44 
defined purview of the Board.  Any condition 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:   
 
Service IPEB – Dated 20031003 
Condition 
R Knee Injury 
No Additional MEB/PEB Entries 
Combined:  0% 
*VARD 20050324; 5259 initially rated 20% effective 19970526 in VARD 19980219; CI failed to report to C&P 20050310 most 
proximal DOS 20040302 to VARD 20050324; VA increased 5259 to 20% effective 20040303 based on exam of 20060329 VARD 
20060414 (combined 40%)   
 

VA (48 Mos. Pre-Separation) – All Effective Date 20040303* 
Condition 
S/P Arthroscopy, R Knee 
Patellofemoral Jt Syndrome, L Knee 
Combined:  20%* 

Code 
5099-5003 

Rating 
0% 

Code 
5259 
5257 

 
 
ANALYSIS SUMMARY:  The Board acknowledges the CI’s information regarding the significant 
impairment with which his service-connected conditions continues to burden him; but, must 
emphasize  that  the  Disability  Evaluation  System  has  neither  the  role  nor  the  authority  to 
compensate members for anticipated future severity or potential complications of conditions 
resulting  in  medical  separation.    That  role  and  authority  is  granted  by  Congress  to  the 
Department of Veterans’ Affairs, operating under a different set of laws. 
 
Right Knee Injury Condition.  The narrative summary notes that the CI had no serious medical 
problems  other than  the  right  knee  injury  while  in  the Marine  Corps  and  that  this  condition 
resolved, following surgery that included meniscal shaving.  After separation from the Marine 
Corps, the CI received a 30% disability rating from the VA secondary to his arthroscopic knee 
surgery.  He did well with the Army initially after his return to active duty, but in July 2001, due 
to  the  increased  level  of  physical  activity  required  at  physical  training  he  noted  increasing 
discomfort with the right and left knee, with swelling and pain.  Magnetic resonance imaging 
(MRI) was done which showed minimal degenerative changes.  Profiling and physical therapy 
brought no essential relief and the service member was placed on a permanent L3 profile and 
recommended for an MEB. 
 
The range-of-motion (ROM) evaluations in evidence which the Board weighed in arriving at its 
rating recommendation, with documentation of additional ratable criteria, are summarized in 
the chart below.  Other ROM measurements were 19 and 48 months prior to separation and 
are not charted. 
 

Right Knee ROM 
in Degrees 
Flexion (140 Normal) 
Extension (0 Normal) 

MEB ~7 Mo. Pre-Sep 
Not measured 
Not measured 
Antalgic  gait;  positive  patellar 
inhibition;  neg 
for:  effusion; 
ligamentous  laxity  of  ligaments; 
Lachman’s  McMurray’s;  positive 
for  SLR  w/ 
resisted  patella 
extremely uncomfortable 
10% (PEB 0%) 

VA C&P ~25 Mo. Post-Sep* 
140 (90 with repeat ROM) 
0 
Mild  pain  w/palpation  below 
kneecap;  +  crepitus;  neg 
for:  
instability;  anterior  or  posterior 
drawer  sign;  medial  or 
lateral 
ligament instability 
10%-20% (VA 20%) 

Comment:    Surgery  1994 
(meniscus) 

§4.71a Rating 

* CI failed to report to C&P 20050310 most proximate to DOS 20040302 to VARD 20050324  

 
At the MEB exam, the CI reported right knee pain with repetitive climbing, with mounting and 
dismounting  of  military tactical  vehicles,  with  running  and  ruck  marching  as  well  as  crawling 
and walking.  The MEB physical exam noted an antalgic gait with no obvious muscle atrophy 
and no ligamentous laxity.  Negative Lachman’s and McMurray’s testing on examination with 
no effusion, but patellar inhibition on the right side more than the left.  Straight leg raising with 
resisted patella was extremely uncomfortable.  Quadriceps strength was measured at 5/5.  No 
other physical abnormalities were noted on exam.  There was no MEB ROM evaluation.  The 
MRI showed no significant joint effusion, bone contusion, or Baker’s cyst.  It was significant for 
lateral collateral ligament strain, but no evidence of meniscal tear.  Routine x-rays of the knees 
were read as normal.  There was no VA Compensation and Pension (C&P) exam proximate to 
separation.  The first post-separation C&P exam was approximately 25 months after separation.  
This remote VA exam indicated right knee with mild pain, crepitus and painful motion.  There 
was  no  instability.    ROM  was  0-140  degrees  with  “50  degrees  of  further  loss  of  degrees  of 
motion with repeat range of motion in his right knee.” 

 
The Board directs attention to its rating recommendation based on the above evidence.  The 
Board considered that the preponderance of the record indicated painful motion or functional 
loss of the right knee joint (including crepitus) to meet the §4.59 (Painful motion) provisions for 
a 10% rating.  There was no instability or ratable loss of ROM proximate to separation for any 
higher  rating. 
  The  Board  discussed  coding  options  of  analogous  to  5003  (Arthritis, 
degenerative) or 5014 (Osteomalacia), or other codes that use the criteria from 5003 IAW the 
VASRD.  Coding under 5259 (Cartilage, semilunar, removal of, symptomatic) was considered as 
the  CI  had  prior  meniscal  surgery.    Meniscal  coding  includes  painful  motion,  and  there  was 
insufficient  evidence  of  frequent  episodes  of  “locking,”  pain,  and  effusion  into  the  joint  to 
support  coding  at  the  20%  level  under  5258.    There  was  no  advantage  to  the  CI  for  coding 
under either 5099-5003, 5099-5014, or 5299-5259.   After due deliberation, considering all of 
the  evidence  and  mindful  of  VASRD  §4.3  (Resolution  of  reasonable  doubt),  §4.59  (Painful 
motion) and §4.40 (Functional loss) the Board recommends a disability rating of 10% 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 injury condition and IAW VASRD §4.71a, the 
Board  unanimously  recommends  a  disability  rating  of  10%,  coded  5099-5003  IAW  VASRD 
§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: 
 

UNFITTING CONDITION 
Right Knee Chondromalacia Patellae 

VASRD CODE  RATING 
5099-5003 
COMBINED 

10% 
10% 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120612, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 

 

           xxxxxxxxxxxxxxxxxxxxxxx, DAF 
           President 
           Physical Disability Board of Review 

 
 
 

SFMR-RB 
 
 
 
 
MEMORANDUM FOR Commander, US Army Physical Disability Agency  
(TAPD-ZB / xxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557 
 
 
SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation  
for xxxxxxxxxxxxxxxxxxx, AR20130003107 (PD201200891) 
 
 
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 10% 
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 
 
 
 

     xxxxxxxxxxxxxxxxxxxxxxxx 
     Deputy Assistant Secretary 
         (Army Review Boards)