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 XXXXXXXXX Case Number PD-2020-00172

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 E6, Aviation Powerplant Mechanic, medically separated for “status post (s/p) right proximal extensor mechanism realignment” and “s/p left proximal extensor mechanism realignment,” rated 10% each, with a combined disability rating of 20%. The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the left and the right knee conditions as separately unfitting and at 10% each, analogously coded 5299-5003 (degenerative arthritis). The PEB also listed: s/p right and left knee arthroscopic lateral release, s/p right and left knee open tibial tubercle osteotomy, and s/p right knee hardware removal, as related Category II conditions. These were properly subsumed under the overall rating for the unfitting right and left knee conditions IAW §4.14 (avoidance of pyramiding; more than one rating based on the same impairment is prohibited). The VA rated the left and right knee conditions separately at 0% each, coded 5261 (limitation of leg motion), citing a non-compensable evaluation for leg extension limited to 5 degrees.

While there was no compensable limitation of flexion or extension (5260 or 5261), there was evidence of painful motion with functional loss supporting a 10% rating (based on §4.59,
§4.40 and §4.45). Other VASRD knee codes were considered, but all were less applicable and 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 and left knee conditions.

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
6040
CORB: 001
10 Aug 2021

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

Subj:	Physical Disability Board of Review Determination Ref:	(a) 6040.44(Series)
1.	The Physical Disability Board of Review (PBDR) reviewed your case in accordance with reference
(a) and forwarded their recommendation for action.

2.	On 9 June 2021, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) accepted the PDBR’s recommendation of no change to your characterization of separation or disability rating assigned.

3.	The PDBR determination is final and not subject to appeal or review.