Search Decisions

Decision Text

ARMY | BCMR | CY1980-1989 | 8706904C
Original file (8706904C.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Reconsideration of the denial of his application for correction of his military records wherein he requested that his administrative discharge for medical unfitness, without service connection, be corrected to a separation for medical unfitness, service connected, rated disabled.
APPLICANT STATES : In the review of his case by the Board of Veterans Appeals (BVA), it was determined that it is impossible to exclude his two injuries on active duty as the most likely cause of the flap tear of his medial meniscus (knee), a finding which resulted in him being awarded a rating by the VA for his knee.

NEW EVIDENCE AND/OR INFORMATION : In support of his request the applicant submits the BVA decisional document wherein the BVA ordered that the applicant be given entitlement to service connection for a tear of his right medial meniscus, but denied service connection for a deformity of his right medial femoral condyle, stating that the deformity was a condition that pre-existed his entry on active duty and no evidence exists of it being aggravated by the injuries that caused the tear; that the current level of disability he is experiencing from that condition is the result of the degenerative changes that mark the natural progression of that condition. The applicant also submits his resultant VA rating decision.

EVIDENCE OF RECORD : The applicant’s military records were incorporated in the two Memorandums of Consideration prepared during the original reviews of his case.

The Board denied the applicant’s original two applications in Memorandums of Consideration (COPIES ATTACHED) on 15 March 1989 and 29 January 1992.

On 3 October 1986 an Entrance Physical Standards Board (EPSBD) found that the applicant had sustained a right knee injury in July 1982 and that the knee had given away when he fell. The diagnosis was osteochondral defect, right medial femoral condyle. It was determined that the applicant did not meet medical fitness standards for enlistment.

On 7 October 1986 the applicant concurred with the EPSBD proceedings and requested discharge without delay. Accordingly, he was discharged without entitlement to disability benefits.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.
DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. The applicant was determined medically unfit due to osteochondral defect, right medial femoral condyle; not for a tear to his right medial meniscus.

2. Since the applicant’s unfitting condition was not considered service related by either the Army or the VA, he is not entitled to disability retirement or separation.

3. In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE :

GRANT

GRANT FORMAL HEARING

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

Similar Decisions

  • AF | PDBR | CY2009 | PD2009-00653

    Original file (PD2009-00653.docx) Auto-classification: Denied

    The PEB adjudicated the ACL deficient right knee condition as unfitting, and assigned a disability rating of 10%. In the matter of the ACL deficient right knee, the Board unanimously recommends a disability rating of 10%, coded 5299-5003 IAW VASRD §4.71a. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability Board of Review Mr. XXXXX’s records not be corrected to reflect a change in...

  • AF | PDBR | CY2012 | PD2012-01021

    Original file (PD2012-01021.pdf) Auto-classification: Denied

    The PEB adjudicated the right knee osteochondral defect, medial femoral condyle condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). At the MEB exam the CI reported that he did not have power in his knee and the pain limited his capabilities. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: VASRD CODE...

  • AF | PDBR | CY2013 | PD 2013 01133

    Original file (PD 2013 01133.rtf) Auto-classification: Denied

    The PEB recommended placement on TDRL since additional surgery had been recommended for the knee condition indicating the condition was not stabilized for rating.At an interim TDRL evaluation in October 2005, the CI had not been able to obtain the recommended surgeries. Examination during the surgery indicated no ligament laxity or instability and the remainder of the joint was normal as at the time of the 2003 arthroscopic surgery. RECOMMENDATION : The Board, therefore, recommends that...

  • AF | PDBR | CY2012 | PD2012-00784

    Original file (PD2012-00784.pdf) Auto-classification: Denied

    The DVT condition was determined to be not unfitting. SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in Department of Defense Instruction (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 right knee (all aspects) and the...

  • AF | PDBR | CY2010 | PD2010-00023

    Original file (PD2010-00023.docx) Auto-classification: Denied

    Flexion (140⁰ normal)0-130⁰120⁰ (pain at 105⁰)Extension (0⁰ normal)-2⁰0⁰CommentPatellofemoral crepitusTenderness over knee medial worse than lateral; Positive patellar compression test§4.71a Rating10%10%At the time of the MEB exam on 2 November 2002, seven months prior to separation, the CI had severe left anterior knee pain which limited his activities of daily living. Negative testing included the McMurray test and tests for ligamentous instability; no effusion was noted and gait was...

  • AF | PDBR | CY2009 | PD2009-00142

    Original file (PD2009-00142.docx) Auto-classification: Denied

    The Formal PEB concurred and he was then separated with a 20% disability for 5299-5257 Chronic left knee pain, status post repair of anterior cruciate ligament (ACL) with tearing of posterior horn of lateral meniscus and tricompartmental degenerative change using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations. Using an evaluation completed two months after the time of separation from the Air Force, the Veterans...

  • AF | PDBR | CY2012 | PD-2012-00663

    Original file (PD-2012-00663.pdf) Auto-classification: Denied

    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. Left Knee Condition. After due 3 PD1200663 deliberation 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 left ankle and left foot...

  • AF | PDBR | CY2011 | PD2011-00737

    Original file (PD2011-00737.docx) Auto-classification: Approved

    SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SGT/E-5 (67U20/CH-47 Helicopter Repairman) medically separated for a right knee condition. Right Knee Condition . In the matter of the right knee condition, the Board unanimously recommends a dual coding disability rating for a combined rating of 30%, IAW VASRD §4.71a.

  • AF | PDBR | CY2011 | PD2011-01127

    Original file (PD2011-01127.docx) Auto-classification: Approved

    The PEB adjudicated the chronic right knee pain condition as unfitting, rated 10% with application of the US Army Physical Disability Agency (USAPDA) pain policy. Addendum states instability is moderate.§4.71a Rating 526010%10%§4.71a Rating 525720%20%On 8 March 2006, the PEB determined the CI was unfit for continued service for “chronic right knee pain following meniscal surgery times two” and with application of the USAPDA pain policy, rated the condition at 10% under code 5099-5003. ...

  • AF | PDBR | CY2012 | PD2012 01599

    Original file (PD2012 01599.rtf) Auto-classification: Denied

    Left Knee Condition . Therefore the Board conclude there not sufficient evidence for consideration of a rating under diagnostic code 5257 (other impairment, instability). SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for AR20130018487 (PD201201599)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.