RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-02248
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20090917

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E6, Wheeled Vehicle Mechanic, medically separated for “chronic right groin pain” 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 - 20090812	VARD - 20100818	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Right Groin Pain	8530	10%	S/P Right Inguinal Hernia Repair…	8530	10%	20100105	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  30%	

ANALYSIS SUMMARY:  

Chronic Right Groin Pain.  According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent surgery to repair a right hernia in Oct 2007 and a second surgery to remove a hydrocele from his right testicle in April 2008.  Due to persistent pain the CI underwent a third surgery to revise the hernia operation in September 2008, but residual groin pain continued.  An abdominal CT scan performed in February 2009 was normal.  

The 8 July 2009 MEB NARSUM examination, 2 months prior to separation, noted complaints of   right groin pain.  The CI reported taking over-the-counter acetaminophen for the pain.  Physical examination showed mild swelling over the surgical scar and moderate tenderness, as well as moderate tenderness of the posterior right testicle.  Sensation to touch over the right groin was normal.  

At the 5 January 2010 VA Compensation and Pension (C&P) examination, 4 months after separation, the CI reported constant right lower abdominal and groin pain aggravated by lifting more than 25 pounds.  He reported using narcotic pain medication as needed.  Physical examination showed a normal gait and posture.  Abdominal examination showed normal bowel sounds, and no masses or fluid.  There was right lower quadrant tenderness, but no hernia was present.  There was tenderness and swelling of the right groin unchanged from the MEB NARSUM examination.  There was no sensory loss noted.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the right groin pain at 10%, coded 8530 (paralysis of the ilioinguinal nerve), citing neuritis of the ilioinguinal nerve.  The VA also rated the condition 10%, using the same code (8530), based on the C&P examination, citing paralysis of the ilioinguinal nerve that is severe or complete.  

A 10% rating is supported for paralysis of the ilioinguinal nerve, which is the highest rating available under 8530.  As cited by the VA Rating Decision there was no evidence of recurrent inguinal hernia for consideration of a rating under 7338 (inguinal hernia).  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 right groin condition.  

BOARD FINDINGS:  In the matter of the right groin condition and IAW VASRD §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 20170405, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record 

AR20180010794, XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

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.

	A copy of this decision has been provided to the counsel you listed on your application, XXXXXXXXXXXXXXXXXX

Sincerely,					      
Enclosure