RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXX	CASE: PD-2017-03032
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20060619

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E6, Correctional Custody Specialist, medically separated for “right trochlear chondrosis, Grade 4” with a disability rating of 10%.

CI CONTENTION: “My disabilities are degenerative…my condition has severely worsened…” 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 - 20060414	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Trochlear Chondrosis Grade 4 S/P Arthroscopic Debridement	5299-5003	10%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

Right Knee. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI underwent right knee arthroscopic meniscal debridement surgery in April 2004 when the Grade 4 chondrosis within the knee was found. Despite surgery, joint injections, and physical therapy,  the  painful  symptoms  remained.  A  family  practice  clinical  encounter  on 16 September 2005, 9 months prior to separation, documented full but painful motion of the

right knee. Two months later, a second family practice clinical encounter documented a detailed and normal right knee examination.

The 3 February 2006 MEB NARSUM examination, 5 months prior to separation, noted complaints of persistent right knee pain. The CI’s physical examination revealed tenderness over the medial joint line of the right knee. Range of motion was documented as “good.” There was no surrounding erythema or swelling and peripheral strength was normal. Painful motion presence or absence was not mentioned. 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 right knee condition 10%, analogously coded 5003 (degenerative arthritis). There was no limitation of motion which supported a rating under the diagnostic codes for limitation of flexion or extension (5260, 5261). However, within a 12-month period prior to separation, there was evidence of painful motion thus supporting a maximum of 10% IAW VASRD §4.59. Alternate coding in this case also supports a maximum rating of 10% under 5259 (cartilage, semilunar, removal of symptomatic) for the persistence of pain after meniscal surgery. Using either code would rate no greater than the 10% already adjudicated by the PEB. There was no 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). 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 right knee condition.

BOARD FINDINGS: In the matter of the right 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.

The following documentary evidence was considered:

2	PD-2017-03032

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 dtd 13 Mar 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