RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  ARMY  
SEPARATION DATE:  20020713 

 
NAME:  XXXXXXXXXXXXXX  
CASE NUMBER:  PD1200599 
BOARD DATE:  20121108 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an active duty SPC/E4 (11B/Infantryman), medically separated for 
chronic right groin pain.  In September 2000, following a game of football, the CI developed a 
right groin hernia.  The CI had a prior history of successful right hernia repairs at age 4 and 12.  
One month after successful right inguinal hernia repair in early 2001, the CI experienced right 
groin  pain  causing  significant  physical  limitations.    Peripheral  Neuropathy  of  the  right  ilio-
inguinal nerve was diagnosed along with scar pain.  Two unsuccessful right ilio-inguinal nerve 
blocks  in  the  fall  of  2001  were  unsuccessful.    Exploratory  surgery  in  November  2001  with 
neurolysis was also unsuccessful in reversing possible pathological nerve entrapment.  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 issued a permanent 
L3 profile and referred for a Medical Evaluation Board (MEB).  The condition characterized as 
“chronic right groin pain” was forwarded to the Physical Evaluation Board (PEB) as medically 
unacceptable  IAW  AR  40-501.    No  other  conditions  were  submitted  by  the  MEB.    The  PEB 
adjudicated the “chronic right groin pain status post right inguinal hernia surgery” as unfitting, 
rated  0%  with  application  of  the  Veterans  Administration  Schedule  for  Rating  Disabilities 
(VASRD).  The CI made no appeals, and was medically separated with a 0% disability rating.   
 
 
CI CONTENTION:  “I still have chronic right groin pain which keeps me from being able to run for 
an extended period of time without hurting for days afterwards.  I hurt every day with some 
days worse than others.  Good days I hurt.  Bad days I hurt to the point that I can barely get out 
of bed.”   
 
 
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 rating for the unfitting chronic right 
groin pain condition is 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: 
 

Service IPEB – Dated 20020415 
Condition 

Code 

Rating 

Chronic R groin pain 

8799-8729 

0% 

↓No Additional MEB/PEB Entries↓ 

VA (3 Mos. Post-Separation) – All Effective Date 20020714 

Condition 

Inguinal Hernia Repair w/groin 
pain 

Code 
7338 

Rating 
10% 

Exam 

20021014 

0% X 0 / Not Service-Connected x 0 

 

Combined:  0% 

Combined:  10% 

 
 
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 Groin Pain Condition:  The narrative summary (NARSAM) indicated no evidence of repeat 
hernia during exploratory right groin surgery in November 2001.  At the MEB exam, 6 months 
before  separation, the CI  complained of  “chronic  intense  right  groin  pain.”    Exam  noted  “no 
abdominal  tenderness…no  notable  right  or  left  inguinal  hernias.    The  right  testicle  is  slightly 
high riding and non-tender.  The musculoskeletal system reveals full range-of-motion (ROM), 
specifically at the right hip.  The strength in his right lower extremity is normal as is his sensory 
function…”  Pain was considered moderate and constant with a diagnosis of chronic right groin 
pain.  Profile restriction was “no repetitive motion of the lower extremities.”   
 
The VA Compensation and Pension (C&P) exam, performed 3 months after separation, noted 
the CI stated “he had pain in the right inguinal area every day and sometimes the pain radiates 
down  to  the  right  thigh  and  right  leg.”    Physical  exam  showed  good  posture  and  gait,  slight 
tenderness  and  diminished  sensation  to  light  touch  in  the  right  groin.    Computerized 
Tomography  (CT)  imaging  demonstrated  a  “small  inguinal  hernia  without  any  intra-hernial 
content.  Suspicious of bilateral hydroceles…”   
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
IPEB coded the condition as 8799-8729, analogous to Neuralgia (External Cutaneous Nerve of 
the  Thigh),  rated  at  0%  (moderate)  IAW  the  VASRD.    The  VA  coded  the  condition  as  7338 
Hernia,  Inguinal  rated  at  10%.    For  rating  the  diagnosis  of  a  post-operative  ilio-inguinal 
neuropathy (8730, Ilio-inguinal nerve) and the External Cutaneous Nerve of the Thigh  (8729) 
code are both limited to a maximum rating of 0% for ‘moderate’ peripheral nerve impairment 
IAW  VASRD  §4.124  for  rating  neuralgia  “with  a  maximum  equal  to  moderate  incomplete 
paralysis.”  The Board deliberated if the CI’s hernia noted on the post-separation VA imaging 
justified coding under code 7338.  The VA exam was closer to the date of separation, and there 
was no evidence of post-separation injury or worsening in the 3 months post-separation.  The 
Board  determined  that  the  VA  exam  had  the  higher  probative  value  for  rating.    The  CI’s 
disability  picture  of  pain  and  post-surgical  hernia  was  closest  to  the  disability  picture  of  the 
VASRD  7338  10%  criteria  “Postoperative  recurrent,  readily  reducible  and  well  supported  by 
truss or belt.”  There was no evidence that any hernia was not reducible, irremediable or not 
able  to  be  supported  as  would  be  required  to  warrant  the  higher  30%  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 chronic right groin pain condition coded as 
8729-7338 to indicate inclusion of the pain and post-operative recurrent hernia by diagnostic 
testing.   
 
 
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 chronic right groin pain condition, the Board unanimously 
recommends a disability rating of 10%, coded 8729-7338 IAW VASRD §4.114.  There were no 
other conditions within the Board’s scope of review for consideration.   

  RECOMMENDATION:    The  Board therefore  recommends that  the  CI’s  prior  determination be 

modified as follows, effective as of the date of his prior medical separation:   
 

VASRD CODE  RATING 
8729-7338 
COMBINED 

10% 
10% 

           XXXXXXXXXXXXXXXXXX 
           President 
           Physical Disability Board of Review 

Chronic Right Groin Pain Condition 

UNFITTING CONDITION 

  The following documentary evidence was considered: 

 
Exhibit A.  DD Form 294, dated 20120604, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

 

 
 

 
 
 

 
 
 

 
 
 

 
 
 

 
 

 
 
 

SFMR-RB 
 
 
 
 
MEMORANDUM FOR Commander, US Army Physical Disability Agency  
(TAPD-ZB /  ), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557 
 
 
SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation  
for XXXXXXXXXXXXXXXXX, AR20120021220 (PD201200599) 
 
 
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 10% 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 
 
 
 
CF:  
(  ) DoD PDBR 
(  ) DVA 
 

     XXXXXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)