RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  ARMY   
SEPARATION DATE:  20030617 

 
NAME:  XXXXXXXXXXXXXX 
CASE NUMBER:  PD1201007 
BOARD DATE:  20130129   
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  Specialist/E-4  (31R1O/Multichannel  Transmission 
Systems Operator Maintainer), medically separated for chronic right knee pain with findings of 
an osteochondral defect of the lateral femoral condyle after arthroscopic loose body removal.  
The CI injured his right knee playing football for unit physical training in January 2002.  After 
imaging disclosed abnormalities, arthroscopic surgery was done in May 2002, and a loose body 
was excised.  Despite subsequent physical therapy (PT), the CI had persistent pain.  The CI could 
not be adequately rehabilitated to meet the physical requirements of his Military Occupational 
Specialty (MOS) or satisfy physical fitness standards.  In November 2002, the CI was issued a 
permanent P3 profile and referred for an MOS/Medical Retention Board (MMRB).  The MMRB 
resulted  in  the  CI  being  referred  to  the  Medical  Evaluation  Board  (MEB).    The  MEB  also 
identified and forwarded low back pain (LBP), vision defect, pes planus, occasional headaches 
and  acne,  identified  in  the  rating  chart  below,  as  meeting  retention  standards.    The  PEB 
adjudicated the chronic right knee pain with findings of an osteochondral defect of the lateral 
femoral condyle after arthroscopic loose body removal condition as unfitting, rated 0%, with 
application  of  the  Veteran’s  Affairs  Schedule  for  Rating  Disabilities  (VASRD).    The  remaining 
conditions were determined to be not unfitting and not ratable.  The CI made no appeals, and 
was medically separated with a 0% disability rating. 
 
 
CI CONTENTION:  “My injury was with my right knee and back, and my right knee injury is why 
the medical board found me unfit to continue service after the Army tried knee surgery.  When 
my VA rating of 10% came through, it was for my lower back which I also had issues with.  I 
recieved (sic) 0 percent for my right knee, yet this was the reason I was found unfit for duty.  
For this reason I’d like my case reevaluated.” 
 
 
SCOPE  OF  REVIEW:    The  Board’s  scope  of  review  is  defined  in  DoDI  6040.44,  Enclosure  3, 
paragraph 5.e.(2).  It is limited to those conditions determined by the PEB to be unfitting for 
continued military service and those conditions identified but not determined to be unfitting by 
the PEB when requested by the CI.  Ratings for unfitting conditions are reviewed in all cases.  
The  low  back  condition as  requested  for  consideration  meets  the  criteria  prescribed  in DoDI 
6040.44 for Board purview and is addressed below, in addition to a review of the ratings for the 
unfitting  condition.    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 respective service Board for Correction of Military Records. 
 
 
 
 
 
 

 
 
 
RATING COMPARISON: 
 

Service IPEB – Dated 20030411 

Condition 

Code 

Rating 

5099-5003 

0% 

Chronic Right Knee Pain 
Low Back Pain 
Vision Defect 
Pes Planus 
Occasional Headaches 
Acne 

Not Unfitting 
Not Unfitting 
Not Unfitting 
Not Unfitting 
Not Unfitting 

↓No Additional MEB/PEB Entries↓ 

Combined:  0% 

VA (# Mos. Pre/Post-Separation) – All Effective Date 20030618 
Exam 

Condition 

Rating 

Right Knee Osteochondritis 
Dissecans 
Low Back Strain 

Code 
5260 
5295 

No VA Entry 

0% 
10% 

20030610 
20030610 

Pes Planus 
Headaches 
Acne 

NSC 
NSC 
0% 
0% X 3* / Not Service-Connected x 4* (*Includes Above) 

8199-8100 

5276 

7828 

20030610 
20030610 
20030610 
20030610 

Combined:  10% 

 
 
ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed in the CI’s application 
regarding his service-incurred condition rating and his VA rating.  The Board wishes to clarify 
that it 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 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 (DVA), operating under a different set of laws (Title 38, United 
States  Code).    The  Board  evaluates  DVA  evidence  proximal  to  separation  in  arriving  at  its 
recommendations, but its authority resides in evaluating the fairness of DES fitness decisions 
and rating determinations for disability at the time of separation.  The Board also acknowledges 
the  CI’s  contention  suggesting  that  ratings  should  have  been  conferred  for  other  conditions 
documented at the time of separation.  While the DES considers all of the member's medical 
conditions,  compensation  can  only  be  offered  for  those  medical  conditions  that  cut  short  a 
member’s  career,  and  then  only  to  the  degree  of  severity  present  at  the  time  of  final 
disposition.    The  DVA,  however,  is  empowered  to  compensate  service-connected  conditions 
and  to  periodically  re-evaluate  said  conditions  for  the  purpose  of  adjusting  the  Veteran’s 
disability rating should the degree of impairment vary over time. 
 
Chronic Right Knee Pain Condition.  The narrative summary (NARSUM) notes the CI injured his 
right  knee  in  January  2002.    He  continued  to  have  persistent  pain  and  swelling.    X-rays  and 
magnetic resonance imaging (MRI) confirmed the presence of an osteochondral defect of the 
lateral femoral condyle with a bony fragment.  He  underwent arthroscopic surgery May 2002 
with a loose body excision.  The CI continued to report right knee pain and was placed on a P3 
profile.  At the MEB exam 3 months prior to separation, the CI reported persistent right knee 
pain and swelling with activity.  The MEB physical exam of the right knee noted tenderness to 
palpation  in  the  peripatellar  area,  a  positive  grind  test,  extension  of  0  degrees  (normal  0 
degrees)  and  flexion  to  130  degrees  (normal  140  degrees).    At  the  VA  Compensation  and 
Pension (C&P) exam; at the time of separation, the CI reported persistent pain and swelling of 
the right knee.  Examination revealed a normal gait.  The Board directs attention to its rating 
recommendation based on the above evidence.  The PEB rated the right knee pain at 0% under 
an analogous 5003 code (degenerative arthritis), while the VA rated the condition at 0%, coded 
5260, for non-compensable limitation of range-of-motion (ROM).  The MEB examination meets 
the criteria for 10% for painful motion IAW VASRD §4.59.  There is no route to a rating higher 
than 10% and no coexistent pathology which would merit additional rating for the knee pain 

  After  due  deliberation 

condition under a separate code at the time of separation.  After due deliberation, considering 
all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a 
disability rating of 10% for the chronic right knee pain condition. 
 
Contended  PEB  Condition.    The  Board’s  main  charge  is  to  assess  the  fairness  of  the  PEB’s 
determination that the LBP condition was not unfitting.  The Board’s threshold for countering 
fitness determinations is higher than the VASRD §4.3 (reasonable doubt) standard used for its 
rating  recommendations,  but  remains  adherent  to  the  DoDI  6040.44  “fair  and  equitable” 
standard.  The LBP condition was not profiled or implicated in the commander’s statement and 
was not judged to fail retention standards.  All evidence was reviewed by the action officer and 
considered by the Board.  The service treatment records (STRs) documented that the CI only 
sought medical attention for the LBP condition at the initial onset of pain in 2002.  There was 
no performance based evidence from the record that the LBP condition significantly interfered 
with  satisfactory  duty  performance. 
in  consideration  of  the 
preponderance  of  the  evidence,  the  Board  concluded  that  there  was  insufficient  cause  to 
recommend a change in the PEB fitness determination for the contended LBP condition and so 
no additional disability rating is recommended. 
 
 
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 chronic right knee pain condition, the Board unanimously 
recommends a disability rating of 10%, coded 5099-5003 IAW VASRD §4.71a and §4.59.  In the 
matter of the contended LBP condition, the Board unanimously recommends no change from 
the PEB determinations as not unfitting.  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 her prior medical separation: 
 

Chronic Right Knee Pain  

UNFITTING CONDITION 

VASRD CODE  RATING 
5099-5003 
COMBINED 

10% 
10% 

 
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   
 
 
 
 
 
 
 
 

           XXXXXXXXXXXXXXXXX, DAF   
           Acting Director 
           Physical Disability Board of Review   

 
 
 

SFMR-RB 
 
 
 
 
MEMORANDUM FOR Commander, US Army Physical Disability Agency  
(TAPD-ZB / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557 
 
 
SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation  
for XXXXXXXXXXXXXXXXXX, AR20130003084 (PD201201007) 
 
 
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 
 
 
 

     XXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)