RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2016-00210
BRANCH OF SERVICE:  Navy 	SEPARATION DATE:  20071015

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E6, Air Traffic Control Center Controller, medically separated for “chronic pelvic pain” with a disability rating of 10%.  

CI CONTENTION:  The CI contends that her depression was a major issue during her medical Board processing and should have been included in her service disability rating.  She believes that her chronic pelvic pain caused increased depression.  The complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The panel’s scope of review is defined in DoDI 6040.44.  It is limited to review of disability ratings assigned 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 or non-compensable.  Any conditions outside the panel’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 panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The panel’s assessment of the PEB rating determination 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(s) at the time of separation.  The panel 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 panel 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 - 20070625	VARD - 20080619	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Pelvic Pain	7301	10%	Status Post Surgical Removal of Uterus and Both Ovaries	7617	50%	20071108	
			Endometriosis	7629	10%	20071108	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  100%	

ANALYSIS SUMMARY:  

Chronic Pelvic Pain.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI first complained of pelvic pain with heavy bleeding in October 1991.  Over the next several years she intermittently complained of pelvic pain and/or heavy bleeding.  Her right and left ovaries and uterus were removed during separate surgeries in 2007.  These operations did not result in resolution of her pelvic pain and she was unable to perform her duties as an air traffic controller.  

The 4 May 2007 MEB NARSUM examination, 6 months prior to separation, noted complaints of continued intermittent right pelvic pain that persisted for seconds or hours.  Physical examination showed mild tenderness to the right pelvic area.  

At the 8 November 2007 VA Compensation and Pension (C&P) evaluation, 1 month before separation, the CI reported pelvic pain that was responsive to therapy.  Physical examination showed a normal abdominal evaluation with no tenderness.  The CI declined a pelvic examination.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the chronic pelvic pain condition 10%, coded 7301 (adhesions of the peritoneum).  The VA rated the CI’s endometriosis condition 10% coded 7629 (endometriosis), citing pelvic pain requiring continuous treatment.  

The panel agreed that there was no evidence of partial bowel obstruction manifested by delayed motility to validate a 30% rating under code 7301.  In addition, there was no evidence of pelvic pain or heavy or irregular bleeding not controlled by treatment to satisfy the requirements for a 30% rating using code 7629.  There was also no evidence of symptoms of the ovary that were not controlled by continuous treatment to fulfil the conditions for a 30% rating using code 7615 (ovary, disease, injury, or adhesions of).  There was no avenue to a higher rating that the 10% adjudicated by the PEB for the chronic pelvic pain condition.  

After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded that there was insufficient cause to recommend a change in the PEB adjudication for the chronic pelvic pain condition.  

BOARD FINDINGS:  In the matter of the chronic pelvic pain condition and IAW VASRD §4.114, the panel unanimously recommends no change in the PEB adjudication.  

There are no other conditions within the panel’s scope of review for consideration.  

The panel, therefore, recommends that there be no modification or re-characterization of the CI’s disability and separation determination.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20160413, 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

      In accordance with reference (a), I have reviewed the cases listed below and 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 USN
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USN

		
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