RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  MARINE CORPS 
SEPARATION DATE:  20030415  

 
NAME:                                             
CASE NUMBER:  PD1200593                                            
BOARD DATE:  20121204 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an active duty  LCpl/E-3 (3381/Basic Marine), medically separated 
for right inguinal pain, ilioinguinal neuralgia, status post repair of recurrent right inguinal hernia 
repair,  and  incidental  occurrence  of  left  inguinal  hernia.    The  CI  did  not  improve  adequately 
with treatment to meet the physical requirements of his Military Occupational Specialty (MOS) 
or satisfy physical fitness standards.  He was placed on limited duty and referred for a Medical 
Evaluation Board (MEB).  The MEB forwarded no other conditions for Physical Evaluation Board 
(PEB) adjudication.  The PEB adjudicated the right inguinal pain, ilio-inguinal neuralgia, status 
post right inguinal hernia repair, and left inguinal hernia conditions as unfitting, rated 10% and 
0%  with  application of the  Veteran’s  Affairs  Schedule  for  Rating  Disabilities  (VASRD).    The  CI 
made no appeals, and was medically separated with a 10% disability rating.  
 
 
CI CONTENTION:  “having a hard time standing in or spot [sic] of peoirds [sic] of time. Haveig  
[sic]  a hard time picking up heavy things.  Puts a lot of strain on the nerve when it has been 
done.   Sitting for long period of time also inflicts the nerve.”   
 
 
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  right  inguinal  pain,  ilioinguinal 
neuralgia,  status  post  right  inguinal  hernia  repair,  and  left  inguinal  hernia  conditions  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 Board for Correction of Naval Records. 
 
 
RATING COMPARISON:  
  

Service IPEB – Dated 20030306 
Condition 

Code 

Rating 

VA (~7 yrs Post-Separation) – All Effective Date 20100720 

Condition 

Code 

Rating 

Exam 

Right Inguinal Pain, Ilio-
inguinal Neuralgia, Status 
Post Right Inguinal Hernia 
Repair, Persistent   
(Pre-Existing Condition - 
Reduced by 0%) 
Left Inguinal Hernia 

Neuritis, Right Ilio-inguinal 
Compression Syndrome, 
Status Post Right Inguinal Hernia 
Repair 
Left Inguinal Hernia 

7338-8630 

10% 

7338-8626 

10% 

20110225  

Combined:  10% 

7338 

0% 

7338 
Combined:  10% 

0% 

20110225 

 
 
ANALYSIS SUMMARY:  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, and then only to the degree of severity present at the time of final disposition.  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 his 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. 
 
Right Inguinal Pain, Ilio-inguinal Neuralgia Condition.  The CI underwent a right inguinal hernia 
repair (RIH) at age 13.  At the time of his entry into the military the RIH repair was intact but a 
questionable  left  inguinal  hernia  (LIH)  was  recorded.    Early  in  recruit  training  in  2002,  he 
developed bilateral groin pain and was noted by general surgery to have a recurrence of the 
RIH, but no LIH.  He was permitted to complete his recruit training, and in May 2002, following 
graduation, underwent a RIH repair with mesh material.  He developed post surgical inguinal 
pain,  which  was  felt  to  be  related  to  ilioinguinal  nerve  entrapment  or  reaction  to  the  mesh 
material.  He was treated with various analgesics and anti-inflammatory medications, physical 
therapy and rest and underwent ilioinguinal nerve block, in August 2002 which resulted in pain 
increase.  On 6 September 2002, general surgery offered a surgical revision with removal of the 
mesh and ablation of the nerve, which would address the pain condition, but might result in 
groin numbness and a hernia recurrence.  The CI chose continued nonsurgical treatment.  On 
neurology clinic evaluation, 9 October 2002, extension of pain radiating down the left leg with 
decreased strength in the right leg with decreased sensation, temperature and vibration was 
noted.    Subsequent  motor  and  sensory  nerve  conduction  studies,  on  7  October  2002,  and 
magnetic  resonance  imaging  (MRI)  of  the  spine,  on  10  October  2002,  were  normal.    On 
28 October 202, the neurologist conceded that he had no explanation for these findings given 
the  above  studies.    He  noted  that  the  decreased  strength  to  relate  to  groin  pain,  and  the 
sensory findings to represent a very mild femoral neuropathy not reflected by the studies.  At 
general  surgical  evaluation,  12  December  2003,  the  diagnosis  of  left  inguinal  hernia  was 
definitively  made,  and  the  CI  offered  corrective  surgery  which  he  declined.    At  the 
MEB/narrative  summary  (NARSUM)  exam  performed  on  29  January  2003,  3  months  prior  to 
separation, tenderness to palpation in the right groin without recurrent hernia and a palpable 
LIH were recorded.  Motor strength in both legs was 5/5 except trace weakness in the right 
upper leg secondary to pain.  The examiner noted the pain to be far out of proportion to any 
objective  nerve  findings.    There  were  no  VA  Compensation  and  Pension  (C&P)  examinations 
proximate to separation.  At the C&P exam performed on 18 March 2011, over 8 years after 
separation, the CI reported the right hernia repair site to be stable with occasional mild local 
numbness  and  burning  without  radiation.    On  physical  examination  neither  recurrence  nor 
tenderness  at  the  right  surgical  site  was  reported.    A  negligible  left  inguinal  hernia,  not 
requiring treatment, was also documented.  
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB and the VA both rated the right groin condition 10% under §4.123 using different codes.  
The PEB used 8630, neuritis, ilioinguinal nerve.  No higher rating can be achieved under this 
coding.  The VA rated 8226, neuritis, femoral nerve.  A higher rating of 20%, moderate, requires 
motor  and  sensory  findings  on  examination  not  supported  by  the  record  in  evidence.    The 
Board unanimously agreed that physical findings at separation were related to hernia site pain 
and  that  the  record  in  evidence  did  not  support  inclusion  of  any  other  nerve  for  additional 
rating.    The  Board  noted  the  C&P  evaluation,  occurring  over  8  years  after  separation,  was 
essentially  unchanged  from  that  at  separation  adding  credibility  to  the  accuracy  of  the  PEB 
assessment.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 

   2                                                           PD1200593 
 

(reasonable  doubt),  the  Board  concluded  that  there  was  insufficient  cause  to  recommend  a 
change in the PEB adjudication for the right inguinal pain condition.   
 
Left  Inguinal  Hernia  Condition.    The  left  inguinal  hernia  (LIH)  was  definitively  diagnosed  by 
general  surgery  12  December  2002.    At  that  time  surgery  was  declined  by  the  CI.    At  the 
MEB/NARSUM  examination  the  LIH  was  palpable,  not  visible,  and  non-tender.    At  the  C&P 
examination,  the  LIH  was  described  as  negligible,  asymptomatic  and  requiring  no  treatment.  
Both PEB and VA rated the LIH 0% code 7338, hernia inguinal, small reducible, not operated on.  
A higher rating of 10% requires hernia operation with recurrence, not supported by the record 
in evidence.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 
(reasonable  doubt),  the  Board  concluded  that  there  was  insufficient  cause  to  recommend  a 
change in the PEB adjudication for the left inguinal hernia 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 right inguinal pain condition and IAW VASRD §4.123, the 
Board unanimously recommends no change in the PEB adjudication.  In the matter of the left 
hernia condition and IAW VASRD §4.114, the Board unanimously recommends no change in the 
PEB  adjudication.    There  were  no  other  conditions  within  the  Board’s  scope  of  review  for 
consideration. 
 
 
RECOMMENDATION:  The Board, therefore, recommends that there be no recharacterization of 
the CI’s disability and separation determination, as follows: 
 

VASRD CODE  RATING 
7338-8630 

7338 

COMBINED 

10% 
0% 
10% 

UNFITTING CONDITION 

Right Inguinal Pain, Ilio-inguinal Neuralgia, Status Post Right 
Inguinal Hernia Repair, Persistent   
Left Inguinal Hernia 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120603, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 

             
           President 
           Physical Disability Board of Review 

   3                                                           PD1200593 
 

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW  
                                        BOARDS  
 
Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS 
 
Ref:   (a) DoDI 6040.44 
             (b) CORB ltr dtd 31 Dec 12 
 
      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, 
for the reasons provided in their forwarding memorandum, approve the recommendations of 
the PDBR that the following individual’s records not be corrected to reflect a change in either 
characterization of separation or in the disability rating previously assigned by the Department 
of the Navy’s Physical Evaluation Board: 
 
                  -  former USMC  
-  former USMC  
 
-  former USN 
 
 
-  former USMC 
 
-  former USMC  
 
 
 
 
 
 
 

  
Assistant General Counsel 
 (Manpower & Reserve Affairs) 

 
      
 

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