RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  NAVY 
SEPARATION DATE:  20030428 

 
NAME:  XX 
CASE NUMBER:  PD1201204 
BOARD DATE:  20130208 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an active duty EWSA/E-2 (Electronic Warfare Technician), medically 
separated for patellofemoral pain syndrome (PFS), left knee.  The left knee condition could not 
be adequately rehabilitated to meet the physical requirements of her rating or satisfy physical 
fitness standards.  She was placed on light duty and referred for a Medical Evaluation Board 
(MEB).    The  MEB  forwarded  PFS  (left  knee)  and  patellar  tendonitis  (left  knee),  conditions 
identified  in  the  rating  chart  below,  to  the  Physical  Evaluation  Board  (PEB).    The  PEB 
adjudicated  the  PFS  (left  knee)  condition  as  unfitting,  rated  10%,  with  application  of  the 
Veteran’s  Affairs  Schedule  for  Rating  Disabilities  (VASRD).    The  patellar tendonitis  (left  knee) 
condition  was  determined  to  be  Category  II.    The  CI  made  no  appeals,  and  was  medically 
separated with a 10% disability rating.   
 
 
CI CONTENTION:  “Was told it was a condition that would clear up eventually.  It has not as of 
yet and has gotten worse over the years.” 
 
 
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 Army Board for Correction of Military Records.   
 
 
RATING COMPARISON:   
 

 
 
ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed in the CI’s application 
regarding  the  significant  impairment  and  worsening  severity  with  which  her  service-incurred 
condition continues to burden her.  It is a fact, however, 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.  This role and authority 
is granted by Congress to the Department of Veterans Affairs.   
 

Service IPEB – Dated 20030311 
Condition 

Code 

PFS, Left Knee 
Patellar Tendonitis, Left 
Knee 

5299-5003 

Cat II 

↓No Additional MEB/PEB Entries↓ 

Rating 
10% 

Combined:  10% 

VA (~2 Mos. Post-Separation) – All Effective Date 20030429 

Condition 

Code 

Rating 

Exam 

S/P Left PFS w/ Tendonitis 

5257 

Mechanical Low Back Pain 

5295 

Not Service-Connected x 1 

Combined:  20% 

10% 

10% 

20040304 

20040304 
20040304 

Patellofemoral  Pain  Syndrome  (PFS),  Left  Knee Condition.   The  CI‘s  history  revealed  that  she 
developed left knee pain during boot camp in May 2002.  Since that time she has not been able 
to  run  due  to  pain.    Despite  an  extensive  evaluation  and  attempts  at  treatment  and 
rehabilitation the CI continued to have pain that limited her ability to perform her duties of a 
sailor.  Exacerbations of left knee pain occurred with any strenuous activity such as running, or 
climbing stairs and with prolonged sitting.  Treatment records indicated no objective findings of 
knee locking, instability, effusions, gait disturbance, or significant limitation in range-of-motion 
(ROM).  Both X-Ray and magnetic resonance imaging (MRI) found mild osteoarthritis of the left 
knee.  At the MEB/NARSUM evaluation on 11 November 2002, 5 months prior to separation, 
the CI noted no catching, instability, locking or swelling of the knee.  On physical examination 
knee flexion was normal, without  joint line tenderness.  Clinical tests for knee stability were 
normal.  At the VA Compensation and Pension (C&P) exam on 28 April 2004, 11 months after 
separation, the CI noted some ‘locking and giving away of the knee’.  On physical examination 
gait and ROM were normal with mild crepitus, and slight joint pain with repetitive motion.   
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB rated 10% IAW VASRD § 4.59 (painful motion).  The VA rated the condition at 10% coded 
5257  (recurrent  subluxation  or  lateral  instability)  based on  CI’s  report  of  locking.    The  Board 
adjudged that the record sufficiently documented pain on motion at the 10% rating under code 
5003.  The Board agreed that the condition was not compensable under ROM codes 5260 and 
5261,  and  no  higher  rating  than  10%  achievable  under  coding  for  instability,  5267,  5258  or 
5262.  There is no VASRD sanctioned pathway to a higher rating under any appropriate code.  
The Board opined that the patellar tendinitis condition was an integral part of the knee pain 
pathology and could not be recommended for additional rating IAW VASRD §4.14 (avoidance of 
pyramiding).  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 left 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 left knee 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.   
 
 
RECOMMENDATION:  The Board, therefore, recommends that there be no recharacterization of 
the CI’s disability and separation determination, as follows:   
 

VASRD CODE  RATING 
5299-5003 
COMBINED 

10% 
10% 

Patellofemoral Pain Syndrome Left Knee 

UNFITTING CONDITION 

 
 
 
 
 
 
 
 
 

2                                                           PD1201204 
 

The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120609, w/atchs  
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 

 

          xx 
          Acting Director 
          Physical Disability Board of Review 

3                                                           PD1201204 
 

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 8 Mar 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 USN 
-  former USMC 
-  former USMC 
-  former USN 
-  former USMC 
  
 

      
 

 
 

 
 

 
 

 
 

  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

4                                                           PD1201204