RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXX 	CASE:  PD-2017-04229
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20060123

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Tactical Air Command and Control Craftsman, medically separated for “chondromalacia, left knee” with a disability rating of 10%.   

CI CONTENTION:  The left knee condition worsened and contributed to additional conditions not identified by the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB).  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 PEB to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the 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 - 20051209	VARD - 20070220	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chondromalacia, Left Knee	5099-5003	10%	Degenerative Joint Disease, Left Knee Status Post Arthroscopy	5260-5010	10%	20061114	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Left Knee Chondromalacia.  According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent arthroscopic left knee surgery in August 2005 for chondral abrasion with micro fracture of the medial femoral condyle.  The 23 November 2005 MEB NARSUM examination, 2 months prior to separation, did not note any current complaints.  Physical examination showed well-healed surgical incisions, no swelling or edema, and “good” range of motion (ROM) with no mention of painful motion.  
At the 14 November 2006 VA Compensation and Pension (C&P) examination, 10 months after separation, the CI reported a few episodes of slight left knee pain twice a week, but that he was able to perform his job which required heavy lifting of 100-150 pounds.  Physical examination showed full ROM with painful motion.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the left knee condition 10%, analogously coded as 5003 (degenerative arthritis).  The VA also rated the left knee condition 10%, but dual coded 5260-5010 (limitation of flexion of leg-traumatic arthritis), based on the C&P examination, citing X-ray evidence of arthritis with painful or limited motion of a major joint or group of minor joints.  Panel members agreed there was no evidence of moderate knee disability to support a 20% rating for femur or tibia and fibula impairment (5255 or 5262); and no compensable limitation of flexion or extension (5260 or 5261), or history or evidence of dislocated meniscus or loose body causing frequent locking with recurrent effusions (5258).  While code 5259 code (cartilage, semilunar, removal of, symptomatic) was applicable in this case, the maximum 10% rating under that code provided no benefit to the CI.  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 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:

SAF/MRB
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

Dear XXXXXXXXXX:

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2017-04229.

After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was appropriate.  Accordingly, the Board recommended no re-characterization or modification of your separation.

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding and their conclusion that re-characterization of your separation is not warranted.  Accordingly, I accept their recommendation that your application be denied.