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 XXXXXXXXXXX
	Case Number PD-2018-00562

	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 E6, Infantryman, medically separated for “right knee pain” with a disability rating of 10%.  The PEB rated the knee condition 10%, analogously coded 5099-5003 (degenerative arthritis), citing the US Army Physical Disability Agency pain policy.  The VA also rated the knee condition 10%, but analogously coded 5010-5260 (leg, limitation of flexion), based on the Compensation and Pension examination, citing limitation of flexion to 45 degrees.  A 10% rating was supported based on limitation of extension as recorded on the MEB narrative summary (NARSUM) range of motion (ROM) study; and alternatively, based on  satisfactory evidence of painful motion in accordance with VASRD §4.59, as recorded on both VA and MEB NARSUM examinations.  The panel considered other VASRD knee and analogous codes, but all were less applicable and/or not advantageous for rating.  There was therefore no higher rating than the 10% adjudicated by the PEB.  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.  

	

AR20200004735, 

	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.