RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00455
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20070118

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E5, Cavalry Scout, medically separated for “chronic right testicular pain” with a disability rating of 0%.  

CI CONTENTION:  His condition continues to worsen and impact his daily activities.  His lower back condition continues to worsen and he requests a review of all conditions.  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 on 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 - 20061107	VARD - 20070326	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Testicular Pain	8799-8730	0%	Chronic Orchalgia, Right	7525	0%	STR	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:  

Chronic Right Testicular Pain.  According to service treatment records (STR), the CI’s chronic right testicular pain condition began in 2005 after undergoing a vasectomy reversal procedure. Conservative treatment did not result in improvement sufficient to allow unrestricted duty.  The Medical Evaluation Board (MEB) forwarded “right chronic orchalgia” for PEB adjudication.  

At the MEB examination (recorded on DD Forms 2807 and 2808) dated 24 July 2006, 6 months prior to separation, the CI reported right testicular pain that prevented running, wearing gear or heavy lifting.  The physical examination showed right testicular tenderness.  The MEB NARSUM examination on 21 September 2006, 4 months prior to separation, noted complaints of constant pain which was worsened by certain activities.  The physical examination showed each testis to be non-tender and of equal size and shape.  The right epididymis (tube that connects testis to vas deferens) was mildly tender.  Review of the STR found no hospitalizations for this condition, and during the year prior to separation there was no drug therapy or other treatment rendered.  The CI failed to report for a scheduled VA Compensation and Pension (C&P) on 5 February 2007.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the chronic testicular pain 0%, analogously coded to 8730 (neuralgia of ilio-inguinal nerve), citing pain.  The VA rated the chronic testicular pain condition coded 7525 (epididymo-orchitis), citing no evidence of long-term drug therapy, hospitalization or intermittent intensive management as a rationale.  Board members agreed that the neuralgia associated with the ilio-inguinal nerve was not characterized as “severe,” therefore the highest 10% rating under the 8730 pathway was not warranted.  Under the 7525 code, there was likewise no evidence of long-term drug therapy, hospitalization or intermittent intensive management to justify a 10% rating. Finally, since there was no testicular atrophy, the 7523 code (testis, atrophy complete) was not warranted.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board concluded that there was insufficient cause to recommend a change in the PEB adjudication for the chronic right testicular pain condition.  

BOARD FINDINGS:  In the matter of the chronic right testicular pain condition 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 20150601, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAMR-RB						

MEMORANDUM FOR Commander, US Army Physical Disability Agency 
(AHRC-DO), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557

SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation for 
XXXXXXXXXXXXXXXXXX, AR20170002120 (PD201500455)

I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings pertaining to the subject individual.  Under the authority of Title 10, United States Code, section 1554a, I accept the Board’s recommendation and hereby deny the individual’s application. This decision is final. The individual concerned, counsel (if any), and any Members of Congress who have shown interest in this application have been notified of this decision by mail.

 BY ORDER OF THE SECRETARY OF THE ARMY:

Enclosure

CF: 
(  ) DoD PDBR
(  ) DVA