RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXXXXXXXXXXXXXX	CASE: PD-2017-05086
BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20081030

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Trainee, medically separated for “chronic bilateral knee pain secondary to patellofemoral syndrome and mild tibial plateau stress fractures” with a disability rating of 0%.

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 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 - 20080820	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Bilateral Knee Pain…	5099-5003	0%	No VA Examination in Evidence	
COMBINED RATING: 0%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

Bilateral Knee Pain. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI developed left knee pain without trauma during boot camp, and a bone scan in March 2008 showed no fracture, but suggested an overuse injury. At an orthopedic consult on 16 June 2008, the CI reported continued left knee pain exacerbated by a 10-mile run. Physical examination showed full range of motion bilaterally, with tenderness over the left knee medial femoral condyle, patella and proximal tibia. The physical profile on the same day only listed the “left knee tibia stress fracture.”

During the 25 June 2008 MEB examination (recorded on DD Forms 2807-1 and 2808), 4 months prior to separation, the CI reported wearing a brace due to his left leg stress fracture, and the examiner recorded palpable tenderness over the left tibial tuberosity. The 28 July 2008 MEB NARSUM examination, noted complaints of chronic pain behind the patella, rated at 5/10, and aggravated by running, prolonged standing, sitting and navigating stairs. Physical examination showed multiple areas of knee tenderness, but no effusion. Knee flexion was to 131 degrees

(normal 140) on the left, with pain; and to 140 degrees on the right, with no mention of pain. Extension was to 8 degrees bilaterally. There was no VA examination in evidence (no consent).

The panel directed attention to its rating recommendation based on the above evidence. The PEB applied a single 0% rating for the bilateral knee condition, analogously coded 5099-5003 (arthritis, degenerative). Bilateral knee pain was implicated by the MEB and forwarded to the PEB, but only the left knee was profiled. Panel members first considered whether the right knee could be reasonably justified as separately unfitting, but the preponderance of evidence did not support a conclusion that the functional impairment from right knee condition was integral to the CI’s inability to perform in his military occupation, and accordingly could recommend a separate rating for it. The panel agreed that evidence supported a separately unfitting left knee condition, and while there was no compensable limitation of flexion or extension (5260 or 5261), there was painful motion with functional loss to warrant a 10% rating (based on §4.59, §4.40 and
§4.45). 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 5003.

BOARD FINDINGS: In the matter of the bilateral knee condition, the panel recommends a not unfitting right knee condition; and an unfitting left knee condition with a disability rating of 10%, coded 5003, IAW §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	5003	10%	

The following documentary evidence was considered:

2	PD-2017-05086

DEPARTMENT OF THE NAVY
SECRETARY OF TIIE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

IN REPLY REFER TO:
1850
CORB:003 12 Oct 20

From: To:

Subj:

Ref:

Director, Secretary of the Navy Council of Review Boards 
PHYSICAL DISABILITY BOARD OF REVIEW (PDBR)
(a) DoDI 6040.44
(b)	PDBR ltr of 16 Apr 20
(b)	

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation (reference (b)) to the Department of the Navy for appropriate action.

2.	On 7 October 2020, the Assistant Secretary of the Navy took action in your case by accepting the correct recommendation of the PDBR.	Accordingly, your
records will be corrected to reflect your assignment to the Temporary Disability Retired List for six months with a so disability rating followed entitlement to severance pay with a final rating of 10 percent

3.	The Assistant Secretary's determination, which represents final action in your case by the Department of the Navy, was sent to the Office of the Deputy Commandant (Manpower and Reserve Affairs), for correction of your records as stated above.	You will be notified once those changes are complete.