DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

SAF/MRBD (PDBR)
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

MEMORANDUM FOR THE DIRECTOR, ARMY REVIEW BOARDS AGENCY

SUBJECT: Physical Disability Board of Review Recommendation on Case Number PD-2018-00248

In accordance with Title 10 § 1554a and in compliance with DoDI 6040.44, the Physical Disability Board of Review (PDBR) adjudicated the disability rating accompanying the medical separation of the covered individual (CI) from the United States Army. After carefully reviewing the application and medical separation case file, the PDBR recommended no re-characterization of the separation or modification of the disability rating previously assigned. I recommend you accept this proposed decision.

The CI was an active duty E5, Infantryman, medically separated for “chronic pain right knee” with a disability rating of 10%. The PEB rated the right knee condition 10%, analogously coded 5099- 5003 (degenerative arthritis), citing the US Army Physical Disability Agency pain policy. The VA also rated the right knee condition 10%, but coded 5010 (arthritis due to trauma), based on the Compensation and Pension, citing painful motion. While there was no compensable limitation of flexion or extension (5260 or 5261), there was sufficient evidence of painful motion with functional loss to support a 10% rating IAW §4.59, §4.40 and §4.45, as noted on the VA examination. Alternatively, there was a history of meniscal surgery with a symptomatic right knee to warrant a 10% rating under code 5259 (cartilage, semilunar, removal of, symptomatic). Other VASRD knee and analogous codes were considered, but all were less applicable and/or not advantageous for rating. 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.

Sincerely,

DEPARTMENT OF THE ARMY
ARMY REVIEW BOARDS AGENCY
251 18TH STREET SOUTH, SUITE
385
ARLINGTON, VA 22202-3531

AR20200004725, 

Dear XXXXXXXXXXXXX:
The Department of Defense Physical Disability Board of Review (DoD PDBR)
reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate. I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation. I regret to inform you that your application to the DoD PDBR is denied.

This decision is final. Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.

Sincerely,

Enclosure

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