RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20080109
NAME: XXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200348
BOARD DATE: 20121121
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (44C/Financial Management Technician),
medically separated for testicular pain and a right ankle pain. He did not respond adequately to
treatment and was unable to within his Military Occupational Specialty (MOS), meet worldwide
deployment standards or meet physical fitness standards. He was issued a permanent
P3/L3/H2 profile and underwent a Medical Evaluation Board (MEB). Testicular pain and right
ankle pain were forwarded to the Informal Physical Evaluation Board (IPEB) as medically
unacceptable IAW AR 40‐501. Four other conditions, as identified in the rating chart below,
were forwarded on the MEB submission as medically acceptable conditions. The IPEB
adjudicated the testicular pain condition as unfitting, rated 0% with application of the Veteran’s
Affairs Schedule for Rating Disabilities (VASRD). The right ankle pain condition and the
remaining MEB conditions which met retention standards were determined to be not unfitting.
The CI appealed to the Formal PEB (FPEB). The FPEB adjudicated the testicular and right ankle
pain conditions as unfitting, rated 0% and 0% respectively, and was then medically separated
with a 0% combined disability rating.
CI CONTENTION: “I have since my separation been awarded V.A. service‐connection of 10% for
each of the two conditions listed on the enclosed DA Form 199 (PEB proceedings)”.
SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in DoDI
6040.44, Enclosure 3, paragraph 5.e.(2) is limited to those conditions which were determined
by the PEB to be specifically unfitting for continued military service; or, when requested by the
CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The ratings
for unfitting conditions will be reviewed in all cases. The unfitting conditions, testicular and
chronic right ankle pain, as requested for consideration, meet the criteria prescribed in DoDI
6040.44 for Board purview; and, are addressed below. Any conditions or contention not
requested in this application, or otherwise outside the Board’s defined scope of review, remain
eligible for future consideration by the Army Board for Correction of Military Records.
RATING COMPARISON:
VA (2 Mos. Post‐Separation) – All Effective Date 20080110
Service FPEB – Dated 20070828
Condition
Code
Testicular Pain
Chronic Right Ankle Pain
Hearing Loss
Bilateral Carpal Tunnel
Syndrome
Chronic Headaches
High Blood Pressure
Rating
0%
0%
8799‐8730
5099‐5003
Not Unfitting
Not Unfitting
Not Unfitting
Not Unfitting
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 0%
Condition
Post‐Vasectomy Syndrome with
Residual Pain
Right Ankle Strain
Hearing Loss R/L Ears
Carpal Tunnel Syndrome, Left
Upper Extremity
Carpal Tunnel Syndrome, Right
Upper Extremity
Migraine Headaches
Essential Hypertension
Adjustment Disorder with
Depressed Mood and Obsessive
Compulsive Disorder
Code
8799‐8730
Rating
10%
10%
Exam
20080318
20080318
5271
Not Service Connected (NSC)
8515
10%
20080328
8515
8100
7101
9434
10%
30%
0%
30%
20080328
20090106
20080318
20080425
20080318
0% X 2 / Not Service‐Connected x 5
Combined: 70%
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the current VA ratings for his service‐connected conditions, but must emphasize that
its recommendations are premised on severity at the time of separation. The Disability
Evaluation System (DES) is responsible for maintaining a fit and vital fighting force. While the
DES considers all of the member's medical conditions, compensation can only be offered for
those medical conditions that cut short a member’s career. The DES has neither the role nor
the authority to compensate members for anticipated future severity or potential
complications of conditions resulting in medical separation nor for conditions determined to be
service‐connected by the Department of Veterans’ Affairs (DVA) but not determined to be
unfitting by the PEB. However the DVA, operating under a different set of laws (Title 38, United
States Code), is empowered to compensate all service‐connected conditions and to periodically
re‐evaluate said conditions for the purpose of adjusting the Veteran’s disability rating should
the degree of impairment vary over time. The Board’s role is confined to the review of medical
records and all evidence at hand to assess the fairness of PEB rating determinations, compared
to VASRD standards, based on severity at the time of separation. It must also judge the fairness
of PEB fitness adjudications based on the fitness consequences of conditions as they existed at
the time of separation. The Board’s threshold for countering DES fitness determinations is
higher than the VASRD §4.3 reasonable doubt standard used for its rating recommendations;
but, remains adherent to the DoDI 6040.44 “fair and equitable” standard.
Testicular Pain Condition. The CI underwent a vasectomy in January 2006 and developed
postoperative constant left testicular pain which would radiate to the entire groin area on both
sides. The pain was a 6‐7 of 10 in intensity and was aggravated by high impact activities, sitting
or standing greater than 15 minutes or lifting objects greater than 15 pounds. The pain caused
a change in his gait resulting in low back pain. He reported swelling of the left testicle with a
penile erection, and co‐existing symptoms of urinary frequency, urgency and nocturia with
normal laboratory studies. An ultrasound revealed sperm granulomas and a left varicocele for
which he elected a second operation to remove without improvement of the pain. Other
treatment modalities attempted to relieve the pain included physical therapy and pain
management. The long acting narcotic medication, MS Contin, made the pain bearable and the
short acting narcotic based medication, Percocet for breakthrough pain, brought the pain from
a 9 of 10 down to a 6 of 10 in intensity. The CI was seen by multiple urologists who all opined a
redo surgery was not recommended and discussed either a bilateral nerve procedure of the
ilioinguinal nerve or an orchiectomy. The CI reasonably declined either surgical option. The
profile limitations included; no driving if sedated, no more than an 8 hour day work day, lifting
15 pounds or less, standing 15 minutes or less, and able to wear a protective mask and
chemical equipment. The commander’s statement documented the CI was incapable of
performing his duties in the motor pool, office, or field environment due to pain and being
heavily medicated. The commander further documented he was unable to complete physical
fitness testing and unable to perform any task associated with deployment. The MEB physical
exam noted there were no defining abnormalities of the scrotal contents that would explain the
constellation of symptoms described above. At the VA Compensation and Pension (C&P) exam
performed after separation, the CI reported additionally that he had tried bilateral nerve blocks
without success and worked at a desk job to avoid standing or physical activity to prevent pain.
The C&P exam demonstrated the CI smiling the majority of the time although complaining of
disabling pain, a soft abdomen, well healed surgical scar in the lower abdomen, extremely
touchy of the testicles even with the lightest tactile palpation otherwise no palpable
abnormalities and normal rectal and prostate findings. The VA examiner diagnosed post‐
vasectomy syndrome with residual pain and opined while the extent of his pain seems to be out
of proportion to his physical findings he complained bitterly of pain.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB and VA chose the same coding options for the condition and were subject to the same
rating criteria IAW §4.124a—Schedule of ratings–neurological conditions and convulsive
2 PD1200348
disorders. The PEB assigned a 0% rating coded analogous to 8730 (neuralgia ilioinguinal nerve)
for moderate pain and while the original VA rating decision assigned a 0% rating, a rating
decision 8 months post separation increased the rating to 10% for severe pain after a request
was made to reopen the case. This rating decision also cited epididymitis was included in the
10% rating. The Board agreed the evidence supports likely a neuropathic etiology, but also
clinically could support the 7525 (Epididymo‐orchitis, chronic only) and considered evaluating
the evidence for a higher rating with either code in avoidance of pyramiding IAW VASRD §4.14.
The Board notes IAW §4.124 “Neuralgia, cranial or peripheral is characterized usually by a dull
and intermittent pain, of typical distribution so as to identify the nerve, is to be rated on the
same scale, with a maximum equal to moderate incomplete paralysis.” IAW §4.123 “Neuritis,
cranial or peripheral is characterized by loss of reflexes, muscle atrophy, sensory disturbances,
and constant pain, at times excruciating, is to be rated on the scale provided for injury of the
nerve involved, with a maximum equal to severe, incomplete, paralysis. The maximum rating
which may be assigned for neuritis not characterized by organic changes referred to in this
section will be that for moderate, or with sciatic nerve involvement, for moderately severe,
incomplete paralysis.” The Board agreed the evidence supports a moderate to severe
functional pain impact, at times excruciating for the 10% neuritis criteria coded analogous to
the 8630 (neuritis ilioinguinal nerve). The Board also agreed the evidence supports the 10%
rating analogous to code 7525 (Epididymo‐orchitis, chronic only) for use of long‐term drug
therapy. After due deliberation, considering all of the evidence and mindful of VASRD §4.3
(reasonable doubt), the Board recommends a disability rating of 10% for the testicular pain
condition.
Chronic Right Ankle Pain Condition. The CI injured his right ankle during a training exercise in
February 2003. This was treated conservatively as a severe sprain. Subsequently, he sprained
this ankle on several occasions and reported not being able to complete a two mile run, jump,
climb or walk without pain over rough and uneven ground. Magnetic resonance imaging (MRI)
performed greater than a year later was normal and specifically cited intact ligament
structures. An orthopedic evaluation performed in June 2007 documented mild decrease in
range‐of‐motion (ROM) with dorsiflexion and plantar flexion, mild ligament laxity with specific
testing, normal heel rise and normal motor testing. There were two goniometric ROM
evaluations in evidence, with documentation of additional ratable criteria, which the Board
weighed in arriving at its rating recommendation; as summarized in the chart below.
Right Ankle ROM
Dorsiflexion (0‐20⁰)
Plantar Flexion (0‐45⁰)
Comment
MEB ~8 Mo. Pre‐Sep
(20070501)p.108
VA C&P ~2 Mo. Post‐Sep
(20080318)p.154
7⁰/7⁰/7⁰
30⁰/31⁰/30⁰
stiff
20⁰
40⁰
Painful motion, use of a cane
§4.71a Rating
10%‐20%
10%
The MEB physical exam demonstrated no defining abnormalities and ROM was thought to be
normal for him as his left ankle demonstrated similar “abnormal” ROM findings. The examiner
diagnosed pain and instability of the right ankle. At the VA Compensation and Pension (C&P)
exam after separation, the CI additionally reported flare‐ups with physical activity, intermittent
use of a cane and daily use of an ankle brace. Getting off his feet and taking nonsteroidal
medication relieved the pain to allow him to work as a corrections officer and he had been
incapacitated 7 days at one time in the last 12‐months. The C&P exam demonstrated a normal
gait with the use of a cane, normal neuromuscular findings, no ligament laxity and no Deluca
observations. X‐rays were unremarkable without gross abnormalities.
The Board directs attention to its rating recommendation based on the above evidence. This
rating includes consideration of functional loss lAW VASRD §4.10 (functional impairment), §4.40
3 PD1200348
(functional loss), and §4.59 (painful motion). The Board notes that both the MEB and VA exams
were complete, well documented, and compliant with VASRD §4.46 (accurate measurement).
While the dorsiflexion ROM data was significantly different than the VA exam which could
connote marked ROM loss, the Board agreed the opposite ankle had similar MEB ROM
measurements therefore there is some loss of dorsiflexion ROM impairment but not that of
marked in this case. Both the VA and MEB exams demonstrated loss in plantar flexion. The
Board agreed however to assign the VA exam more probative value for its proximity to
separation. The PEB and VA chose different coding options for the condition, but this did not
bear on rating. The PEB assigned 0% coded analogous to 5003 (arthritis, degenerative) for no
significant loss of joint motion which was inconsistent with the VASRD and the MEB evidence.
The VA assigned 10% coded 5271 (ankle, limitation motion of) for moderate painful limited
motion. The Board agreed the evidence supports the minimum 10% for painful motion. There
is no evidence of documentation of incapacitating episodes which would provide for additional
or higher rating. After due deliberation, considering all of the evidence and mindful of VASRD
§4.3 (reasonable doubt), the Board recommends a disability rating of 10% for the right ankle
condition.
BOARD FINDINGS: IAW DoDI 6040.44, provisions of DoD or Military Department regulations or
guidelines relied upon by the PEB will not be considered by the Board to the extent they were
inconsistent with the VASRD in effect at the time of the adjudication. The Board did not
surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD
were exercised. In the matter of the testicular pain condition and IAW VASRD §4.124a, the
Board unanimously recommends a disability rating of 10%, coded 7525‐8630 IAW VASRD
§4.124a. In the matter of the right ankle condition, the Board unanimously recommends a
disability rating of 10%, coded 5271 IAW VASRD §4.71a. There were no other conditions within
the Board’s scope of review for consideration.
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows, effective as of the date of his prior medical separation:
UNFITTING CONDITION
VASRD CODE RATING
7525‐8630
10%
10%
20%
5271
COMBINED
Testicular Pain
Right Ankle Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120406, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
4 PD1200348
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXX, AR20130000039 (PD201200348)
1. I have reviewed the enclosed Department of Defense Physical Disability Board of Review
(DoD PDBR) recommendation and record of proceedings pertaining to the subject individual.
Under the authority of Title 10, United States Code, section 1554a, I accept the Board’s
recommendation to modify the individual’s disability rating to 20% without recharacterization
of the individual’s separation. This decision is final.
2. I direct that all the Department of the Army records of the individual concerned be corrected
accordingly no later than 120 days from the date of this memorandum.
3. I request that a copy of the corrections and any related correspondence be provided to the
individual concerned, counsel (if any), any Members of Congress who have shown interest, and
to the Army Review Boards Agency with a copy of this memorandum without enclosures.
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200348
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