RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-02130 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20091231

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was a Reserve E3, Rifleman, medically separated for “chronic right knee pain” with a disability rating of 10%.

CI CONTENTION:  No specific contention was made. 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 - 20090910	VARD – 20090601	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Knee Pain, Status Post Arthroscopy…	5099-5003	10%	Right Knee Arthritis…	5299-5260	NSC	20090507	
Pes Planus, Bilaterally	Cat III	
No VA Placement	
Mild Hearing Loss, Bilaterally	Cat III		
Tobacco Dependence	Cat IV		
Hyperlipidemia, Mild	Cat IV		
COMBINED RATING: #%	COMBINED RATING OF ALL VA CONDITIONS: 10%	
	
ANALYSIS SUMMARY:

Chronic Right Knee Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent a partial meniscectomy on 16 September 2008. At the 7 May 2009 VA Compensation and Pension (C&P) examination, 7 months before separation, he reported bilateral knee pain, and right knee range of motion (ROM) measurements showed flexion to 115 degrees and extension to 0 degrees, with pain.

The 4 June 2009 MEB NARSUM examination, 6 months before separation, recorded CI complaints of right knee pain. The examiner noted that he was unable to squat greater than 70 degrees due to a feeling of right knee instability and pain. Passive ROM tests showed flexion to approximately 90 degrees and extension to 0 degrees, without complaints of pain. There was patella pain to palpation during ROM, but minimal crepitation. Anterior/posterior drawer signs were negative with no audible or palpable click with testing of the medial or lateral meniscus.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right knee condition 10%, analogously coded 5099-5003 (degenerative arthritis), citing painful motion. The VA did not service connect the right knee condition citing no evidence that the condition permanently worsened as a result of active duty service. Panel members agreed that there was no limitation of flexion or extension (5260 or 5261) which supported a compensable rating, however, there was evidence of painful motion with functional loss to warrant a 10% rating (based on §4.59, §4.40 and §4.45). Additionally, there was no history or evidence of dislocated meniscus or loose body causing frequent locking with recurrent effusions (5258); or fracture, nonunion or malunion of the femur or tibia to support consideration under the respective codes for knee impairment related to long bone conditions (5255, 5262). There was therefore no VASRD §4.71a rating higher than the 10% adjudicated by the PEB under any applicable code. 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 adjudication for the right knee condition.

BOARD FINDINGS: In the matter of the right knee condition and IAW VASRD §4.59, the panel recommends no change in the PEB adjudication. In the matter of the contended pes planus, hearing loss, tobacco dependence, and hyperlipidemia, the panel recommends no change from the PEB determinations as not unfitting. 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.

The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20170228, w/atchs Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record

	PD-2017-02130

IN   REPLY  REFER  TO :
1850
CORB:  003
20 May 20

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 dtd 29 Apr 19

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 of no 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.

Copy to: PDBR