RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-04062 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20080830

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Avionics Test Set Technician, medically separated for “status post osteochondral autograft transplant of the [left] medial femoral condyle” with a disability rating of 20%.

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 – 20080624	VARD – 20081030	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Status Post Osteochondrial Autograft Transplant [Left Knee]	
5262	
20%	Status Post Left Knee Trauma with Chondromalacia and Loss of Pad Between Tibia and Femur	
5010-5260	
10%	
20080507	
COMBINED RATING: 20%	COMBINED RATING OF ALL VA CONDITIONS: 20%	

ANALYSIS SUMMARY:

Left Knee Pain. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI underwent an “open reduction internal fixation of left medical femoral condyle osteochondral defect” on 29 January 2007. He required a repeat arthroscopy and ultimately arthrotomy with debridement, hardware removal, and osteochondral autograft transplant, which was performed 26 September 2007.

The 26 February 2008 MEB NARSUM examination, 6 months prior to separation, noted CI complaints of left knee pain. Physical examination revealed a non-antalgic gait and neutral alignment in the bilateral lower extremities. The anterior aspect of the left knee had a well- healed anterior midline incision with no effusion or warmth. In a seated position, there was negligible tenderness over the medial or lateral joint line or over the medio-lateral para-patellar retinaculum. Left knee range of motion (ROM) showed flexion of 145 (normal 140) and normal extension with no exacerbation of pain at the extremes of flexion. The examiner noted ROM was “excellent and symmetric with the contralateral side,” with “excellent stability to anterior, posterior, and varus valgus stresses, consistent with intact cruciate and collateral ligaments.”

At the 7 May 2008 VA Compensation and Pension (C&P) examination, 3 months before separation, the CI reported left knee pain. Physical examination revealed a limp slightly favoring the left leg and no use of an assistive device. Left knee flexion was to 100 degrees and extension to 0 degrees, with pain. Varus and valgus movement, deep knee bends and hopping also caused pain. The examiner noted no postural abnormalities or neurological changes, and Lachman, drawer and McMurray tests were negative. Left knee X-rays showed a stable irregular contour of the medial femoral condyle and mild osteoarthritic changes of the patellofemoral joint.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the left knee condition 20%, analogously coded 5262 (tibia and fibula, impairment of). The VA rated the left knee condition 10%, analogously coded 5010-5260 (leg, limitation of flexion of), based on the C&P examination, citing painful motion. Panel members agreed there was no evidence of marked knee disability to support a 30% rating under code 5262, and no limitation of motion (5260, 5261) or history or evidence of dislocated meniscus or loose body causing frequent locking with recurrent effusions (5258) to support a rating under these respective codes. 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 left knee condition.

BOARD FINDINGS: In the matter of the left knee condition and IAW VASRD §4.71a, the panel majority 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.

 

2	PD-2017-04062

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 19 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.