RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00728
BRANCH OF SERVICE:  Marine Corps	SEPARATION DATE:  20020515

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an E5, Rifleman, medically separated for “chronic left inguinal area pain,” with a disability rating of 10%.

CI CONTENTION:  Inguinal area pain condition continues to be painful.  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 - 20020313	VARD - 20020827	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Left Inguinal Area Pain	8730	10%	Status Post Left Inguinal Hernia Repair with Chronic Left Inguinal Area Pain	7338	10%	STR	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:

Left Inguinal Area Pain.  According to service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s chronic left inguinal area pain condition began in March 2000 with no specific injury/trauma.  The CI underwent left inguinal hernia repair 10 March 2000 and after an adequate period of convalescence the pain condition could not be rehabilitated to allow him to participate in all required duties for his military specialty.  The MEB forwarded “chronic left inguinal area pain” for PEB adjudication.  The MEB NARSUM examination on 4 February 2002, 3 months prior to separation, noted complaints of left inguinal pain with all activities that prevented him from performing his duties.  Physical examination showed a well-healed left inguinal hernia repair scar with no evidence of scrotal abnormalities, no evidence of infection, hematoma or recurrent hernia.  

The record did not show that the CI attended a VA Compensation and Pension evaluation proximate to separation.

The Board directed attention to its rating recommendation based on the above evidence. The PEB rated the left inguinal area pain condition 10%, coded 8730 (ilio-inguinal nerve neuralgia).  The VA also rated the chronic left inguinal area pain condition 10%, coded 7338 (inguinal hernia) based on the CI’s STR.  The Board noted that both the general surgeon and the pain clinic physician agreed with the assessment of ilio-inguinal nerve entrapment with no recurrence of a hernia.  The Board agreed there are no greater ratings for ilio-inguinal nerve paralysis (8530), neuritis (8630) or neuralgia (8730) than the 10% rated by the PEB.  With no recurrence of a hernia, no ratings using code 7338 (hernia, inguinal) are applicable.  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 left inguinal area pain condition.

BOARD FINDINGS:  In the matter of the left inguinal area 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 20150604, 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 16 Nov 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:

		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC

						  XXXXXXXXXXXXXXXXXX
	     				  	  Assistant General Counsel
						  (Manpower & Reserve Affairs)