VA - (4 Mos. Post-Separation) | |||||||
Code | Rating | Condition | Code | Rating | Exam | ||
Chronic Low Back Pain…no Radicular Symptoms | 5299-5237 | 0% | Degenerative Arthritis, Lumbar Spine | 5242 | 40% | 20050307 | |
Chronic Right Knee Pain | 5299-5257 | 0% | Residuals, Right Tibial Plateau Fracture s/p ORIF | 5299-5262 | 20% | 20050307 | |
Not Unfitting | No VA Entry | ||||||
Other x 6 | 20050307 | ||||||
Combined: 60% |
UNFITTING CONDITION | VASRD CODE | RATING |
Low Back Pain | 5242 | 10% |
Right Knee Pain | 5299-5260 | 10% |
COMBINED | 20% |
AF | PDBR | CY2013 | PD-2013-02760
All treatment notes in the STR addressed the two knees together and the MEB forwarded bilateral knee pain as not meeting retention standards.The Board agreed that the evidence in record reasonably supports that each knee was unfitting at the time of separation and eligible for service disability rating. 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...
AF | PDBR | CY2012 | PD 2012 00887
Post-Separation) All Effective Date 20060409 Condition Code Rating Condition Code Rating Exam Chronic LBP 5299-5242 0% DDD Lumbosacral Spine 5243 40% 20070122 Chronic Bilateral Knee Pain 5099-5003 0% S/P Arthroscopic Repair of Medial Meniscal Tear Right Knee w/ Traumatic DJD 5260-5010 10% 20070124 Left Knee Injury 5260 NSC* 20070122 No Additional MEB/PEB Entries Other x 13 20070122 Combined: 0% Combined: 70% Derived from VA Rating Decision 20070308 (most proximate from the date of...
AF | PDBR | CY2014 | PD-2014-00747
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVeterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The VA rated the condition analogously to code 5242 at 10%, citing the range-of-motion (ROM) measurements done at the C&P examination.The limitation of motion at the MEB examination supported the 20% rating adjudicated...
AF | PDBR | CY2012 | PD2012 01689
The back and bilateral knee conditions, characterized as “chronic non-radicular low back pain”and“chronic bilateral knee pain”were forwarded as not meeting retention standards, to the Physical Evaluation Board (PEB) IAW AR 40-501.A symptomatic pes planus condition was identified by the MEB and also forwarded as failing retention standards.The informal PEB adjudicated the chronic low back and bilateral knee pain conditions as unfitting, rated 10% and 0%.The remaining condition was determined...
AF | PDBR | CY2012 | PD2012 01117
Her knee pain continued to worsen despite conservative treatment including: anti-inflammatory medications, physical therapy, and activity restrictions;she was then referred to the MEB.The commander's statement, dated 2 January 2000, references only the right knee as the reason for the CI's inability to perform military duties.On 5 December 2000, the MEB bilateral knee exam noted no effusions, full active range-of-motion (ROM), good muscle strength and no signs of knee instability. When...
AF | PDBR | CY2013 | PD 2013 00877
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 VA Schedule for Rating Disabilities (VASRD) standards, based on ratable severity at the time of separation and, to review those fitness determinations within its scope consistent with performance-based criteria in evidence at separation.The Board noted that the PEB bundled the unfitting leftknee and shoulder conditions and will unbundle...
AF | PDBR | CY2011 | PD2011-00134
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 limitation of lumbar spine ROM documented at the service exam was associated with bilateral spasms and likely reflected a period of symptom exacerbation. Service Treatment Record Exhibit C. Department of Veterans Affairs Treatment...
AF | PDBR | CY2014 | PD-2014-02055
At an Orthopedic follow-up visit 7 March 2007 the CI reported bilateral anterior knee pain and the exam noted patellofemoral tenderness with full motion of both knees, without effusion or instability. In the matter of the bilateral knee condition the Board recommends disability rating as follows: an unfitting right knee condition, rated 10% and an unfitting left knee condition rated 0% both coded 5299-5260 IAW VASRD §4.71a.In the matter of the contended anxiety disorder condition, the Board...
AF | PDBR | CY2011 | PD2011-00600
The Board further acknowledges the CI’s contention for service ratings for other conditions documented at the time of separation, and notes that its recommendations in that regard must comply with the same governance. The Board determined therefore that none of the stated conditions were subject to service disability rating. The Board therefore has no reasonable basis for recommending any additional unfitting conditions for service disability rating.
AF | PDBR | CY2013 | PD-2013-01324
Accordingly, the Board recommends a separate Service disability rating for each of the pain problems. After a thorough review of the evidence, the Board determined that a separation disability rating of 10% was appropriate for the LBP 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...