RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX		CASE:  PD-2014-02469
BRANCH OF SERVICE:  NAVY		SEPARATION DATE:  20070720

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E-3, Parachute Rigger, medically separated for “chronic groin pain, status post right inguinal hernia repair” with a disability rating of 10%.

CI CONTENTION:  Contended PTSD, chronic pain, migraines, depression and anxiety stating because of these conditions he can’t keep a job.  The CI’s complete submission is at Exhibit A.

SCOPE OF REVIEW:  The Board’s scope of review is defined in DoDI 6040.44.  It is limited to those conditions determined by the Physical Evaluation Board (PEB) to be unfitting for continued military service and when specifically requested by the CI, those conditions identified by the PEB, but determined to be not unfitting.  Any conditions outside the Board’s defined scope of review and any contention not requested in this application may remain eligible for future consideration by the Board for Correction of Military Records.  Furthermore, the Board’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The Board’s assessment of the PEB rating determinations is based upon a review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation.  The Board has neither the role nor the authority to compensate for post-separation progression or complications of service-connected conditions.  That role and authority is granted by Congress to the Department of Veterans Affairs, operating under a different set of laws.  The Board gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation.

RATING COMPARISON:

SERVICE PEB – 20070627	VARD - 20071017	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Groin Pain, S/P Right Inguinal Hernia Repair	8630	10%	Status Post Right Inguinal Herniorrhaphy with Residual Chronic Testicular Pain	8628-7338	10%	20070627	
			Status Post Right Inguinal Herniorrhaphy with Neuritis, Residual Scar	7804	10%	20070627	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  70%	

ANALYSIS SUMMARY:

Chronic Groin Pain.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI underwent surgery to repair a right inguinal hernia on 31 August 2006.  After the surgery, he continued to have persistent right groin pain.  Many different medications and other therapeutic measures were tried, in an attempt to alleviate his pain.  In spite of all treatment efforts, the CI’s condition did not improve adequately to permit unrestricted military duty and MEB was initiated.

During the MEB NARSUM dated 18 May 2007, performed 2 months before separation, the CI reported right testicular pain that was 6/10 in severity.  On physical examination the surgical scar was well-healed.  There was no sign of hernia recurrence, but there was tenderness to palpation of the right testicular and spermatic cord with no masses detected.

At the VA Compensation and Pension (C&P) examination dated 27 June 2007, performed less than a month after separation, the CI reported having daily testicular and scrotal pain which radiated to his right lateral abdomen and down his right medial thigh.  The physical examination revealed the CI in no distress with a normal gait.  He had tenderness over the scrotum and right testicle with no masses detected.

The Board directed attention to its rating recommendation based on the evidence.  The PEB rated the groin pain 10% coded 8630 (neuritis of the ilio-inguinal nerve).  The VA rated the groin pain 10% analogously coded 8628-7338 (neuritis of the anterior tibial nerve (deep peroneal) – inguinal hernia) based on the C&P examination performed less than 1 month before separation, citing postoperative recurrent hernia which is readily reducible and well supported by a truss or belt.  The VA also rated the groin pain 10% coded 7804 (painful scar) citing a superficial scar that is painful on examination.

There is no VASRD code specifically for chronic groin pain, status post hernia repair.  The Board determined that, at separation, the CI’s condition was analogous to chronic neuralgia of the ilio-inguinal nerve as per the PEB’s coding and rating.  Therefore, after due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board found insufficient cause to recommend a change in the PEB adjudication of the unfitting, chronic groin pain.

BOARD FINDINGS:  In the matter of the chronic groin pain, status post right inguinal hernia repair, and IAW VASRD §4.124a, the Board unanimously recommends no change in the PEB adjudication.  There were no other conditions within the Board’s scope of review for consideration.  The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation determination.

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20140426, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW
               BOARDS 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
 
Ref:   (a) DoDI 6040.44
       (b) CORB ltr dtd 22 Sep 16

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for the reasons provided in their forwarding memorandums, approve the recommendations of the PDBR that the following individual’s records not be corrected to reflect a change in either characterization of separation or in the disability rating previously assigned by the Department of the Navy’s Physical Evaluation Board:

		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXX, former USN