RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-05653 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20060430

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

CI CONTENTION: The PEB and VA did not take full account of the condition to include the left testicle damage. 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 - 20060313	VARD – 20061002	
Condition	Code	Rating	Condition	Code	Rating	Exam	

Chronic Orchialgia Right	
8630	
10%	Orchiopexy, Right Testicle, with Residual Pelvic and Scrotal Pain, Claimed As Nerve Pain and Chronic Infections, Right Testicle	
7599-8630	
10%	
20060901	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 40%	

ANALYSIS SUMMARY:

Chronic Right Orchialgia. According to the service treatment record and MEB narrative summary (NARSUM), the CI had long-standing left testicular atrophy with intermittent right orchialgia (testicular pain). He was referred to a civilian urologist who determined that the atrophy was most likely due to previous torsion. After undergoing a left orchiectomy with placement of a prosthesis, as well as a right orchiopexy, he developed pain bilaterally. The 22 December 2005 MEB NARSUM examination, 4 months prior to separation, noted CI complaints of a chronic dull ache in the right testicle, which was exacerbated by strenuous activity such as running or heavy lifting. He reported it significantly interfered with his level of activity and ability to perform duties. The 23 February 2006 non-medical assessment noted the CI’s condition “severely hindered” him from performing basic military police duties and caused chronic pain when standing or sitting.

At the 1 September 2006 VA Compensation and Pension (C&P) examination, 5 months after separation, the CI reported pelvic, groin and scrotal discomfort with heavy lifting or running, although it had improved over the previous year. The pain was mild, mostly constant, and increased with activity, but there were no voiding, ejaculation or erection issues. The examiner found no groin, lower abdominal, or epididymis tenderness, and a normal spermatic cord.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the right testical condition 10%, coded 8630 (neuritis, severe). The VA also rated the right testicle condition 10%, dual coded 7599-8630 (genitourinary-neuritis), based on the C&P examination, citing severe paralysis of the ilio-inguinal nerve. Panel members agreed that the CI’s testicular pain was best characterized by code 8630 and that a 10% rating is the highest available under this 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 right testical condition.

BOARD FINDINGS: In the matter of the chronic right orchialgia and IAW VASRD §4.124, 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-2017-05653

DEPARTMENT OF THE NAVY
SECRETARY OF THE 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.