DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

SAF/MRBD (PDBR)
XXXXXXXXXXXX
XXXXXXXXXXXX
MEMORANDUM FOR THE ASSISTANT SECRETARY OF THE NAVY, MANPOWER AND RESERVE AFFAIRS

SUBJECT: Physical Disability Board of Review Recommendation on XXXXXXXXXXX Case Number PD-2021-00025

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 W1, Counterintelligence Officer, medically separated for “right knee pain” with a disability rating of 10%. The PEB rated the right knee condition 10%, analogously coded 5299-5003 (degenerative arthritis). The VA also rated the right knee condition 10%, dual coded 5010-5259 (traumatic arthritis-due to removal of cartilage), based on the Compnesation and Pension examination, citing symptomatic removal of semilunar cartilage. There was no history or evidence of dislocated meniscus or loose body causing frequent locking with recurrent effusions (5258) to support a rating under that code.
There was no fracture, nonunion or malunion of the femur or tibia to support consideration under the respective codes for knee impairment related to long bone conditions (5255, 5262). However, there was a history of a partial meniscectomy that could support a 10% rating under the 5259 code, this would not provide any rating benefit to the CI. 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.

Sincerely,

Attachments:
Exhibit A. DD Form 294, dated 20210302, w/atchs Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Record

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
7 March 2022

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

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 3 March 2022, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) accepted the 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.