RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01560
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20040501

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was a National Guard E4, Carpentry and Masonry Specialist, medically separated for “right testicular pain,” with a disability rating of 0%.

CI CONTENTION:  The CI makes no contentions.  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 - 20040331	VARD – 	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Testicular Pain	8799-8730	0%	No VA Claim in File	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  	

ANALYSIS SUMMARY:  

Right Testicular Pain.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s right testicular pain condition began in August 2003 after military training.  The MEB forwarded right epididymal cyst, chronic bilateral testicular pain for PEB adjudication.  At the MEB examination (recorded on DD Forms 2807 and 2808) dated March 2004, 2 months prior to separation, the CI reported right bilateral epididymal cyst and bilateral testicular pain.  Physical examination showed right non-tender epididymal cyst approximately 2.0 centimeters in diameter.  The MEB NARSUM examination on 12 March 2004, 2 months prior to separation, noted complaints of testicular pain.  Physical examination and palpation showed a non-tender round cystic mass, about 2 centimeters (cm) in diameter on the epididymis of the right testicle; however, it was separate from the testicle.  A scrotal ultrasound performed on 2 February 2004 showed the head of the epididymis on the right side had a cystic mass than measured 1.8 cm x 1.4 cm x 2.1 cm in diameter.  A follow-on ultrasound on 5 December 2003, showed the cyst increased to 1.7 cm x 1.9 cm x 1.9 cm; however, the examiner characterized the pain was “intermittent and slight in intensity as per AMA guideline.”  There was no VA Compensation and Pension (C&P) evaluation in evidence.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the right testicular pain, at 0%, coded 8799-8730 (neuralgia; Ilio-inguinal nerve), citing a mild condition.  The PEB’s 0% rating was consistent with the VASRD rating for testicular pain analogous to 8730 (mild neuralgia of the illio-inguinal nerve) and 7525 (epididymo-orchitis, chronic).  The evidence did not support a 10% rating for chronic epididymo-orchitis requiring tong-term drug therapy, 1-2 hospitalizations per year and/or requiring intermittent intensive management (code 7525). 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 right testicular pain, rated mild condition.  

BOARD FINDINGS:  In the matter of the 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 recommends 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 20150622, w/atchs
Exhibit B.  Service Treatment Record

AR20170006639, XXXXXXXXXXXXXXXXXX 

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Dear XXXXXXXXXXXXXXXXXX:

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation.  I regret to inform you that your application to the DoD PDBR is denied.  

	This decision is final.  Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.

Sincerely,					       
						      					
Enclosure