RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-01051 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20050531

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Engineer Equipment Mechanic, medically separated for “status post [s/p] third anterior cruciate ligament [ACL] revision reconstruction left knee” with a disability rating of 20%.

CI CONTENTION:  “VA rated me at 60%.”  The complete submission is at Exhibit A.

SCOPE OF REVIEW: The panel’s scope of review is defined in DoDI 6040.44. It is limited to review of disability ratings assigned to those conditions determined by the Physical Evaluation Board (PEB) to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the Medical Evaluation Board (MEB), but determined by the PEB to be not unfitting or non-compensable. Any conditions outside the panel’s defined scope of review, and any contention not requested in this application, may remain eligible for future consideration by the Board for Correction of Military Records. The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate. The panel’s assessment of the PEB rating determination is based on review  of medical records and all available evidence relevant to application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards for the unfitting medical condition(s) at the time of separation. The panel has neither the role nor the authority to compensate for post- separation progression or complications of service-connected conditions; that role and authority is granted by Congress to the Department of Veterans Affairs, which operates under a different set of laws. The panel gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of disability at the time of separation.

RATING COMPARISON:

SERVICE PEB - 20050317	VARD - 20050620	
Condition	Code	Rating	Condition	Code	Rating	Exam	
S/P 3rd ACL Revision Reconstruction Left Knee	5099-5003	20%	S/P Left Knee Revision (Times 4)	5257	0%	20040420	
COMBINED RATING: 20%	COMBINED RATING OF ALL VA CONDITIONS: 0%	
	
ANALYSIS SUMMARY:

Status Post Left Knee ACL Revision Reconstructions. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s injured his left knee while playing football in January 2002 and underwent an ACL reconstruction in June 2002. Secondary to either additional injuries and or simple surgical failure of the utilized bone graph, the CI underwent 3 additional ACL revision surgeries from May 2002 through August 2004.

During the 4 November 2004 MEB NARSUM examination, 6 months prior to separation, the CI had no physical complaints. He had been doing physical therapy and denied any current episodes of joint instability. The physical examination (PE) revealed full left knee range of motion (ROM) and a normal gait. The examiner also documented “significant quadriceps atrophy” that did not adversely affect adjacent joint range of motion (ROM).

At the 20 April 2005 VA Compensation and Pension (C&P) examination, 1 month prior to separation, the CI reported difficulty with bending down, kneeling, pivoting and walking up stairs. The PE revealed normal ROM of both knees without evidence of joint instability.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the left knee condition 20%, analogously coded 5099-5003 (arthritis, degenerative). The VA rated the knee condition 0%, coded 5257 (knee, other impairment of), based on the C&P examination, citing normal appearance, full ROM without pain, normal gait and no acute abnormalities revealed by X-ray. Members first agreed that the greatest degree of probative value be apportioned to the VA examination due to its close proximity to separation. The completely normal PE did not support any positive disability impairment rating, however, IAW DoDI 6040.44, the panel may not recommend a rating lower than that adjudicated by the PEB. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was insufficient cause to recommend a change in the PEB’s adjudication for the left knee condition.

BOARD FINDINGS: In the matter of the left knee condition and IAW VASRD §4.71a, the panel recommends no change in the PEB adjudication. There are no other conditions within the panel’s scope of review for consideration. Therefore, the panel recommends no modification or re- characterization of the CI’s disability and separation determination.

2	PD-2017-01051

DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

IN   REPLY  REFER  TO,
1850
CORB: 003 20May20

From: 

Director, Secretary of the Navy Council of Review Boards 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW  (PDBR)

Ref:	(a) DoDI 6040.44
(b) PDBR ltr <ltd 29  Oct 18

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation (reference (b)) to the Department of the Navy on 5 Mar 2020 for appropriate action.

2.	On 20 March 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation  Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.