RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXX	CASE: PD-2017-02322
BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20060113

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Signal Support System Specialist, medically separated for “left knee pain” with a disability rating of 0%.

CI CONTENTION:  The CI requested review of his knee.  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 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 - 20051212	VARD – NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Left Knee Pain	5099-5003	0%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING: 0%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

Left Knee Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s left knee condition began in July 1999 after physical training and rucking. At the physical therapy clinic appointment in October 2004, the CI had a normal gait with full left knee range of motion (ROM), and no swelling, tenderness or sign of meniscal pathology. Left knee MRI in April 2005 revealed a small joint effusion with minimal chondromalacia of the patella, and no osteochondral defect, loose body, bone bruise or fracture. At the time of the orthopedic appointment on 23 May 2005, 8 months prior to separation, the CI reported anterior knee pain, but denied swelling. On examination there was good patella tracking. Left knee ROM showed flexion of 145 degrees (normal 140) and extension of 0 degrees (normal). The 9 September 2005 MEB NARSUM examination, 4 months prior to separation, noted complaints of left anterior knee pain. Physical examination revealed significant left knee tenderness and crepitus. There was pain and tenderness with deep knee bends.

During the 15 September 2005 MEB examination (recorded on DD Forms 2807-1 and 2808), 4 months prior to separation, the CI reported left knee pain and swelling from prolonged standing

or walking. Physical examination revealed left knee tenderness, crepitus and pain with deep knee bends.  There was no VA examination proximate to separation in evidence.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the left knee condition 0%, analogously coded 5003 (arthritis, degenerative), citing grinding and crepitus on examination of the patella and no joint laxity. “Rated as analogous to arthritis one major joint.” There was evidence of painful motion and crepitus with functional loss supporting a 10% rating (based on §4.59, §4.40 and §4.45). The panel considered other VASRD knee and analogous codes, but all were less applicable and/or not advantageous for rating. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 10% for the left knee condition, coded 5099-5003.

BOARD FINDINGS: In the matter of the left knee condition, the panel recommends a disability rating of 10%, coded 5099-5003 IAW VASRD §4.71a. There are no other conditions within the panel’s scope of review for consideration.

The panel recommends the CI’s prior determination be modified as follows, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Left Knee Pain	5099-5003	10%	

The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20170225, w/atchs Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record

AR20190015494, XXXXXXXXXXXXXXX 

Dear XXXXXXXXXXXX

The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found that your disability rating should be modified but not to the degree that would justify changing your separation for disability with severance pay to a permanent retirement with disability.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed) and I accept its recommendation.  This will not result in any change to your separation document or the amount of severance pay.  A copy of this decision will be filed with your Physical Evaluation Board records.  I regret that the facts of the case did not provide you with the outcome you may have desired.
  
	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. 

	A copy of this decision has also been provided to the Department of Veterans Affairs.

Sincerely,

Enclosure

2	PD-2017-02322