RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2016-00669
BRANCH OF SERVICE:  Marine Corps 	SEPARATION DATE:  20040831

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty, E-3 Rifleman, medically separated for “chronic discomfort” with a disability rating of 10%.    

CI CONTENTION: His condition continues to worsen and negatively impact daily activities. Also, the CI requested review of additional conditions not identified by the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB). 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 PEB to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the MEB, but determined by the PEB 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.  The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate.  The panel’s assessment of the PEB rating determination is based on review of medical records and all available evidence relevant to application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards for 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, which operates 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 disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB - 20040713	VARD - 20041217	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Discomfort	7804	10%	Residual Scar, Status Post Left Inguinal Herniorrhaphy	7804	10%	20040728	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  30% 	

ANALYSIS SUMMARY:  

Chronic Discomfort.  According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s chronic discomfort began in April 2002 after undergoing left inguinal hernia repair.  During the 4 June 2004 MEB examination (recorded on DD Forms 2807-1 and 2808), 3 months prior to separation, the CI reported constant pain in his left groin, difficulty urinating, sleeping and performing “matrimonial” duties.  Physical examination revealed post-operative left inguinal pain.  
The 13 May 2004 MEB NARSUM examination, 3 months prior to separation, noted complaints of left inguinal pain, particularly around the post-surgical scar, which was moderate to severe in nature with even simple tasks such as carrying groceries.  Physical examination showed tenderness in the left inguinal area.  It was healed without redness, swelling or drainage.  

At the 28 July 2004 VA Compensation and Pension (C&P) examination, one month before separation, the CI reported severe pain in the area of the hernia.  Pain was constant and he was unable to run or do crouching activities.  Physical examination showed a 6 cm, non-disfiguring, tender scar that is soft and depressed.  There was no evidence of instability or abnormal pigmentation, ulceration, adherence, or tissue loss.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the chronic discomfort 10%, coded 7804 (scar(s), unstable or painful: one or two scars that are unstable or painful).  The VA also rated the chronic discomfort 10%, coded 7804, based on the C&P examination, citing a 6 cm scar on the left inguinal area, described as soft, depressed, and tender with no evidence of functional limitation or limitation of motion.  The VA noted this was the highest evaluation in the rating schedule for this condition and there were no exceptional patterns of disability warranting additional consideration.  Both the NARSUM and the C&P examinations reported one scar that was painful.  There was no evidence of three or four painful scars to meet criteria for a 20% rating.  After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was insufficient cause to recommend a change in the PEB adjudication for the chronic discomfort condition.  

BOARD FINDINGS:  In the matter of the chronic discomfort condition and IAW VASRD §4.118, the panel recommends no change in the PEB adjudication.  There are no other conditions within the panel’s scope of review for consideration.  Therefore, the panel recommends 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 20160915, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs 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 USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXX, former USMC

							XXXXXXXXXXXXXXXXXX
	     					Assistant General Counsel
						(Manpower and Reserve Affairs)