RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  NAVY 
SEPARATION DATE:  20030527 

 
NAME:  XX                                                    
CASE NUMBER:  PD1201327                                                         
BOARD DATE:  20130206 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  PO2/E-5  (PH2/Photographer's  Mate)  medically 
separated  for  chondromalacia,  right  medial  femoral  condyle and  trochlea.    The  CI  suffered a 
direct blow to his patella in 1997.  He was treated, but could not be adequately rehabilitated to 
fully perform his military duties or meet physical fitness standards.  He was placed on limited 
duty (LIMDU) and referred for a Medical Evaluation Board (MEB).  The MEB forwarded no other 
conditions  for  Physical  Evaluation  Board  (PEB)  adjudication. 
  The  PEB  adjudicated 
chondromalacia,  right  medial  femoral  condyle  and  trochlea  as  unfitting,  rated  10%.    The  CI 
made no appeals, and was medically separated.    
 
 
CI  CONTENTION:    The  CI  attached  a  seven  page  statement  to  his  application  which  was 
reviewed by the Board and considered in its recommendations.   Excerpted below is the final 
statement  made  on  the  last  page:    “My  sole  request  is  for  the  Physical  Disability  Board  of 
Review to right a wrong perpetrated against me.  I believe that I should be medically retired at 
a range of 35% to 45% due to having served 15 years, 10 months, 27 days of active duty.  I was 
not allowed to complete my 20 years at NO fault of myself.   Had the Navy acted aggressively in 
treating my injury in 1996, damage to my knee would have been minimal and it would NOT 
have interfered with career.   Thank you for your consideration. ”   
 
 
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 specifically requested by the CI.  Ratings for unfitting conditions will be reviewed 
in all cases.  The chondromalacia , right medial femoral condyle and trochlea as requested for 
consideration  meets  the  criteria  prescribed  in  DoDI  6040.44  for  Board  purview;  and,  is 
addressed below.  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 Board for Correction of Naval Records (BCNR). 
 
Also  IAW  DoDI  6040.44,  the  Board’s  authority  is  limited  to  making  recommendations  on 
correcting disability determinations.  The Board’s role is thus confined to the review of medical 
records and all evidence at hand to assess the fairness of PEB rating determinations, compared 
to  Veteran’s  Affairs  Schedule  for  Rating  Disabilities  (VASRD)  and,  to  review  those  fitness 
determinations  within  its  scope  (as  elaborated  above)  consistent  with  performance-based 
criteria in evidence at separation.  The Board acknowledges the CI’s opinion that the Service did 
not act aggressively in treating his injury which contributed to his disability, and that a “wrong” 
was perpetrated against him.  It is noted for the record that the Board has no jurisdiction to 
investigate  or  render opinions  in  reference to  such  allegations;  and,  redress  in excess  of the 
Board’s scope of recommendations (as noted above) must be addressed by the BCNR and/or 
the United States judiciary system. 
 
 
 

VA -   (~3 years Post-Separation)   

Condition 

Degenerative Joint Disease 
Right Knee,  Post Operative 
Left Rotator Cuff Strain 

Code 
5010 

5299-5010 
0% X 2/ Not Service-Connected x 1 

Combined:  20% 

Rating 
10% 
10% 

Exam 

20060814 

 

20060814 

RATING COMPARISON:   
 

Chondromalacia , Right Medial 
Femoral Condyle and Trochlea 

Service IPEB – Dated 20030408 
Code 
Condition 
5299-
5003 
No Additional MEB/PEB Entries 

Rating 
10% 

Combined:  10% 

VARD 20060925 (most proximate to Date of Separation) , no other VARDS in evidence 
 
ANALYSIS SUMMARY:   
 
Chondromalacia, Right Knee.  The CI injured his right knee in 1997.  He was treated, but his pain 
persisted and an MEB was initiated.  His MEB physical examination (PE) of the right knee was on 
19 November 2002, 6 days after arthroscopy.  On exam, there was no effusion and the portals 
were  benign.    There  was  some  tenderness  to  palpation  (TTP)  of  the  right  medial  femoral 
condyle.  He had 135 degrees of flexion on the right, which was equal to the left knee.  As noted 
above, the CI was medically separated from the Navy on 27 May 2003.  Three years later, he 
had a VA Compensation and Pension (C&P) exam.  At that time, the CI continued to complain of 
right knee pain.  Gait was normal, and he was not using any assistive devices.  On exam, there 
was mild patellofemoral crepitus of both knees, right greater than left.  The right knee had full 
range-of-motion (ROM), but there was some pain with motion.  All tests for ligamentous laxity 
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 

MEB ~ 6 mo. Pre-Sep 

(20021119) 

VA C&P ~3 years Post-Sep 

(20060814) 

Flexion (140⁰ is Normal) 
Extension (0⁰ is Normal) 

§4.71a Rating 

135⁰ 
-5⁰ 
10%* 

140⁰ 
0⁰ 

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 
5299-5003 
COMBINED 

10% 
10% 

           xx 
           Acting Director 
           Physical Disability Board of Review 

Chondromalacia, Right Knee 

UNFITTING CONDITION 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120623, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 

 

3                                                          PD1201327 

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 26 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: 
 
 

 

 

 

     
 
 
 
 

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

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

  xx 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

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