DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

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

SUBJECT: Physical Disability Board of Review Recommendation on XXXXXXXXXX Case Number PD-2021-00042

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 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 CI was an active duty E5, Submarine Nuclear Propulsion Operator, medically separated for “lateral knee pain” with a disability rating of 10%. The PEB rated the right knee condition 10%, analogously coded 5299-5003 (degenerative arthritis), and “listed right distal femur lateral femoral condyle grade I chondrosarcoma status post curettage and bone graft” as a Category II condition (contributed to the primary unfitting condition but not separately ratable). The impairment from this related diagnosis was properly subsumed under the overall rating for the lateral knee pain IAW §4.14 (avoidance of pyramiding; more than one rating based on the same impairment is prohibited). The VA also rated the right knee condition 10%, but dual coded 5012-5257 (bones, new growths of, malignant-knee, other impairment), based on the Compensation and Pension examination, citing functional loss. 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). Alternatively, code 5259 (cartilage, semilunar, removal of, symptomatic) was applicable, but the maximum 10% rating provided no benefit to the CI. The panel considered other VASRD knee and analogous codes, but all were less applicable and not advantageous for rating. There was therefore no rating higher 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.

Sincerely,
11/21/2021

Attachments:
Exhibit A. DD Form 294, dated 20210323, w/atchs Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Record

2	PD-2021-00042

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:	XXXXXXXXXXXX

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.