RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-03915 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20051115

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Small Computer Operator, medically separated for “right patella grade 4 chonromalacia” with a disability rating of 10%.

CI CONTENTION: The temporary 100% disability percentage should be made permanent. 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 - 20050722	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Patella Chonromalacia	5099-5003	10%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

Right Patella Chondromalacia. According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent surgical repair of a right lateral meniscus tear in May 1999 and a medial meniscus tear in March 2002, as well as an arthroscopic chondral abrasion of the retropatellar area in October 2004.

At an orthopedic visit on 13 January 2005, 10 months prior to separation, she reported pain when engaging the patella past 90 degrees. The provider recommended quadriceps rehabilitation and a possible need for additional surgery. The MEB NARSUM examination, the same day, showed full active range of motion (ROM) with pain, quadriceps atrophy and positive patellar grind.

During a sports medicine evaluation on 21 April 2005, 7 months before separation, the CI had a non-antalgic gait, a Q angle of 20 degrees bilaterally, and significant pain during medial and lateral mobilization as well as circumductions beyond 40-60 degrees. There was no instability or signficiant lateral patellar tilt, but the examiner noted quadriceps atrophy and felt there was a surgical option to address ther Q angle, although it would likely not relieve her discomfort. An X- ray series revealed non-specific degenerative changes of the mediolateral compartments. The 27 June 2005 MEB NARSUM, 5 months prior to separation, noted complaints of right knee discomfort, and incorporated physical findings from the 21 April 2005 evaluation. During the 1 August 2005 MEB examination (recorded on DD Forms 2807-1 and 2808), 4 months prior to separation, the CI reported arthritis and joint swelling. Physical examination showed tenderness, but no swelling.  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 5099-5003 (arthritis, degenerative). There was no evidence of compensable limitation of flexion or extension (5260 or 5261); 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). While code 5259 (cartilage, semilunar, removal of, symptomatic) was applicable in this case, the maximum 10% rating provided no benefit to the CI. 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 §4.71a, 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.

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 18 Jul 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.