RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:	CASE:  PD-2017-0549	4
BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20090530
SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Aircraft Maintenance Administration Specialist, medically separated for “left scrotal pain/groin pain” with a disability rating of 10%.
CI CONTENTION: In addition to the scrotal/groin pain, review of additional conditions not identified by the Medical Evaluation Board (MEB) and/or Physical Evaluation Board (PEB) was requested. 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 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 - 20090414	VARD - 20090707	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Left Scrotal Pain/Groin Pain	8630	10%	Left Varicocele, Status Post Varicocelectomy	7599-7523	0%	20090128	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 60%	

ANALYSIS SUMMARY:

Left Scrotal Pain/Groin Pain. According to the service treatment record and MEB narrative summary (NARSUM), the CI underwent surgical repair of a painful left spermatocele and varicocele in November 2007 and subsequent left spermatic cord stripping in June 2008. The left testicular pain recurred and continued in spite of pain management measures, and he was unable to continue duty in his military specialty.

The 2 December 2008 MEB NARSUM examination, 5 months prior to separation, noted complaints of left testicular/scrotal pain. Physical examination showed a normal abdomen with a well-healed left inguinal incision. There was tenderness to the left testicle as well as the left epididymis, however the testicle felt normal in texture and size. The right testicle was also somewhat tender, but less so than the left. The CI had normal strength and gait.

At the 28 January 2009 VA Compensation and Pension (C&P) examination, 4 months before separation, the CI reported a history of a left varicocele with two surgeries, and stated that the

condition did not require medication or cause any functional impairment. Physical examination showed a well-healed, non-tender abdominal surgical scar and normal penis, epididymides, and spermatic cords with no evidence of hernia. There was a remnant varicocele on the left testicle, but the right testicle was normal.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the left scrotal pain/groin condition 10%, coded 8630 (neuritis; ilio-inguinal nerve). The VA rated the left varicocele condition 0%, analogously coded 7523 (testis, atrophy complete), based on the C&P examination, citing evidence of a remnant left varicocele and a soft, depressed, 3-cm abdominal surgical scar. Panel members noted that the 10% rating awarded by the PEB is the maximum rating available under code 8630, and that there was no other central nerve more appropriate for rating, and no hernia or bilateral testicular atrophy for a higher rating under any applicable VASRD code. 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/groin condition.

BOARD FINDINGS: In the matter of the left scrotal pain/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:

2	PD-2017-05494

DEPARTMENT OF THE NAVY
SECRETARY OF TilE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

IN REPLY REFER TO,
1850
CORB: 003
10 Sep 20

From: Director, Secretary of the Navy Council of Review Boards To:

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.