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-2018-00595

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 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 CI was an active duty E3, Air Communications/Navigation/Electrical Systems Technician, medically separated for “left knee pain” with a disability rating of 20%. The PEB rated the left knee condition 20%, coded 5258 (dislocated semilunar cartilage with frequent episodes of “locking,” pain, and effusion into the joint). The PEB also listed “tear of medial and lateral meniscus of left knee” as a related Category II diagnosis. This was not a separate condition which could be reasonably justified as unfitting; nor would separate ratings be achievable without pyramiding (VASRD §4.14). The VA rated the left knee condition 10%, coded 5260 (limitation of leg flexion), based on the Compensation and Pension examination, citing “findings of laxity.” There was no limitation of motion which supported a higher rating than the PEB’s 20% under the diagnostic codes for limitation of flexion or extension (5260 or, 5261). Although there was evidence of painful motion with functional loss (10% based on
§4.59, §4.40 and §4.45), as well as persistence of pain after meniscal surgery (5259), neither of these rating options provided a rating advantage to the CI. Other knee and analogous codes, including the PEB’s 5258 code, were considered, but these 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 left knee condition.

DEPARTMENT OF THE NAVY
SECRETARY OF TI-IE 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 Sep20

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

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.