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 ASSISTANT SECRETARY OF THE NAVY, MANPOWER AND RESERVE AFFAIRS
SUBJECT: Physical Disability Board of Review Recommendation on Case Number PD-2018-00357

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 from the United States Marine Corps. 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 covered individual (CI) was an active duty E5, Ground Communication Organization Repairer, medically separated for “left knee pain status post left anterior cruciate ligament reconstruction and medical meniscal repair” with a disability rating of 10%. The PEB analogously coded the left knee condition 5099-5003 (degenerative arthritis). The VA rated the condition 0%, coded 5260 (leg, limitation of flexion), based on the service treatment record evidence. The panel agreed there was no limitation of motion which supported a minimum rating under the diagnostic codes for limitation of flexion or extension (5260, 5261). There was no advantage to rating under code 5259 for persistent symptoms following meniscectomy. The panel considered alternative VASRD knee and analogous codes, 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 left knee condition.
In the matter of the contended neck pain, the panel’s main charge is to assess the fairness of the PEB determination that it was Category III not unfitting. The CI had a history of neck pain dating to a vehicular accident in March 2000. This was addressed in MEB narrative summary addendum that documented normal range of motion and normal neurological findings, and imposed no additional activity restrictions. The neck condition was not listed on the LIMDU or implicated in the non-medical assessment.  There was no performance-based evidence from the record that it significantly interfered with satisfactory duty performance at separation. After due deliberation, the panel concluded there was insufficient cause to recommend a change in the PEB adjudication for the cervical condition, so no additional disability rating is recommended.

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
10 Sep 20

From: Director, Secretary of the Navy Council of Review Boards To:	XXXXXXXXXXXX

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno 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.