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-2018-00449

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 Navy. 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 was an active duty E5, Aegis Operations Specialist, medically separated for “chondromalacia of the tibial…osteophytes and degenerative changes of the [right] knee” with a disability rating of 10%, analogously coded 5099-5003 (degenerative arthritis). The Category II conditions of medial meniscus transplant of the right knee and anterior cruciate ligament reconstruction were properly subsumed under the overall rating of the right knee to avoid pyramiding IAW §4.14. The VA rated the right knee condition 10%, dual coded 5010-5260 (traumatic arthritis causing limitation of leg flexion), and also granted a 10% rating under code 5259 (removal of semilunar cartilage, symptomatic), based on the Compensation & Pension examination. There was no limitation of motion which supported a rating under the diagnostic codes for limitation of flexion or extension (5260, 5261). However, there was evidence of painful motion with functional loss supporting a 10% rating (based on
§4.59, §4.40 and §4.45), and an alternative rating of 10% for persistent pain after meniscal surgery (5259), but this provided no rating advantage. Panel members considered other knee and analogous codes, but all were less applicable or not advantageous to 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.

DEPARrnENT 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
10 Sep 20

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

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.