RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXX	CASE: PD-2017-04286
BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20080124

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Infantryman, medically separated for “left scrotal pain” with a disability rating of 10%.

CI CONTENTION: “I was given 10% for a vericocele in my left testicle. Over time the pain was so bad I needed 2 surgeries and a 3rd to finally remove it. I was denied SGLI due to time away from injury being too long. I am hoping I can finally have a fair evaluation through this.” 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 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 - 20071119	VARD - 20081028	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Left Scrotal Pain…	5099-5003	10%	Varicoceles, Left Hemiscrotum	7599-7525	10%	20080916	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 20%	

ANALYSIS SUMMARY:

Left Scrotal Pain. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s left scrotal condition began during training in September 2006 training after he developed 5/10 left scrotal pain with no history of injury or prior scrotal pain. The 23 October 2007 MEB NARSUM examination, 3 months prior to separation, noted complaints of 5-6/10 left scrotal pain which worsened with high impact activities and prolonged standing, walking, and sitting.   Physical  examination  showed  left  testicular  painful,  palpable  varicocele.    At  the  16 September 2008 VA Compensation and Pension (C&P) examination, 8 months after separation, physical examination showed a tender left testicular mass.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the left scrotal condition 10%, analogously coded 5003 (degenerative arthritis), citing the US Army Physical Disability Agency pain policy rated as moderate and frequent. The VA also

rated the left scrotal condition 10%, analogously coded 7525 (epididymo-orchitis, chronic only), based on the STR or C&P examination, citing long-term drug therapy, one or two hospitalizations per year, or intermittent intensive management. The panel considered ratings based on anatomical location under code 8730 (inguinal neuralgia) but there was no rating higher than the 10% adjudicated by the PEB. 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 left scrotal pain condition.

BOARD FINDINGS: In the matter of the left scrotal pain condition and IAW VASRD §4.71a, 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:

2	PD-2017-04286

AR20200000305,

Dear XXXXXXXXXXXXXXXXX
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.