MEMORANDUM FOR THE DIRECTOR, ARMY REVIEW BOARDS AGENCY

SUBJECT: Physical Disability Board of Review Recommendation on Case Number PD-2017-02246

In accordance with Title 10 § 1554a and in compliance with DoDI 6040.44, the Physical Disability Board of Review (PDBR) adjudicated the disability rating accompanying the medical separation of the covered individual from the United States Army. After carefully reviewing the application and medical separation case file, the PDBR recommended no re-characterization of the separation or modification of the disability rating previously assigned. I recommend you accept this proposed decision.

The covered individual (CI) was an active duty E4, Network Switching Systems Operator/Maintainer, medically separated for “chronic right shoulder pain” and “right knee retropatellar pain syndrome,” rated 10% and 0% respectively, with a combined disability rating of 10%. The PEB analogously coded 5099-5003 (degenerative arthritis) for both conditions and cited some loss of joint motion for the shoulder condition. The VA assigned a 0% rating for the shoulder condition using an analogous 5299-5203 code (impairment of clavicle or scapula) citing a non-compensable rating was provided as the CI failed to attend the Compensation and Pension (C&P) examination therefore limiting clinical information to rate at a higher level.

Although there was insufficient shoulder limitation of motion to support a rating under the 5201 code, panel members agreed that a 10% rating was justified with application of VASRD
§4.59 (painful motion). There was no malunion or recurrent dislocation of the humerus to justify a rating under the 5202 code (humerus, other impairment); and no nonunion with loose movement of the clavicle to warrant the next higher 20% rating under the 5203 code (clavicle or scapula, impairment). 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 shoulder condition.

As noted, the PEB and VA both rated the right knee condition 0%, analogously coded 5099-5003 (degenerative arthritis). The PEB cited full range of motion without joint instability. The VA analogously coded 5299-5260 (limitation of leg flexion), once again citing that a non- compensable rating was provided due to the CI not attending the scheduled C&P examination. There was no evidence of painful motion with functional loss supporting a 10% rating (based on
§§4.59, 4.40 and 4.45) and no limitation of motion which attained a 10% rating under the diagnostic codes for limitation of flexion or extension (5260, 5261). There were no appropriate codes that would result in a higher rating.  Therefore the panel concluded there was insufficient

evidence to support a rating higher than the 0% 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 adjudication for the right knee condition.

Sincerely,

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

2	PD-2017-02246

AR20200003934

Dear XXXXXXXXXXXX:
The Department of Defense Physical Disability Board of Review (DoD PDBR)
reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate. I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation. I regret to inform you that your application to the DoD PDBR is denied.

This decision is final. Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.

Sincerely,

Enclosure

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