RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2016-01592
BRANCH OF SERVICE:  Marine Corps 	SEPARATION DATE:  20041015

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Basic Marine, medically separated for “right testalgia/epididymalgia” with a disability rating of 10%.  

CI CONTENTION:  “Review all conditions.”  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 Medical Evaluation Board (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 - 20040823	VARD - 20041229	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Testalgia/Epididymalgia	8730	10%	Chronic Right Testalgia	7599-7525	10%	20040812	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Right Testalgia/Epididymalgia.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s right testicular condition began in July 2003 without antecedent infection or trauma other than a hernia repair as a young child.  He was treated with two courses of antibiotics for a presumptive epididymitis (an infection) with initial improvement, but there was recurrence.  An ultrasound showed a small varicocele (an abnormal enlargement of the veins that drain the testis), but was otherwise unremarkable.  A cord block provided temporary relief and the CI then underwent cremasteric stripping (to remove adhesions from the cremaster muscle).  This was unsuccessful in relieving his pain or allowing for full duty.  
The 2 May 2004 MEB NARSUM examination, 6 months prior to separation, noted complaints of persistent pain with lifting, physical fitness training, or sexual activity.  The physical examination showed a normal gait, but significant tenderness of the right testicle and surrounding tissue.  The examination was otherwise unremarkable.  

At the 12 August 2004 VA Compensation and Pension (C&P) evaluation, 2 months before separation, the CI reported chronic right testicular pains aggravated by activity and treated with medications including narcotics.  On examination, gait was normal as was testicular size with tender noted over the right testicular and inguinal regions; the examination was otherwise unremarkable.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the right testicular condition 10%, coded 8730 (ilio-inguinal nerve neuralgia).  The VA also rated the right testicular condition 10%, analogously coded as 7525 (epididymo-orchitis, chronic only) based on the C&P examination, citing testicular tenderness.  The panel observed there is no specific code for testalgia or epididymalgia and agreed that the codes chosen by the PEB and VA were both clinically accurate, with neither providing a rating advantage over the other.  After due deliberation, considering all of 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 right testalgia/epididymalgia condition.  

BOARD FINDINGS:  In the matter of the right testalgia/epididymalgia condition and IAW VASRD §4.115 and 4.124a, 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 20161024, 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 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
	     				Acting