RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  ARMY 
SEPARATION DATE:  20011026 

 
NAME:  XXXXXXXXXXXXXXXX 
CASE NUMBER:  PD1200652 
BOARD DATE:  20121115 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  a  National  Guardsman  PV2/E-2  (13F/Basic  Trainee),  medically 
separated for chronic left testicular pain.  He did not respond adequately to surgical treatment 
and was unable to perform within his Military Occupational Specialty (MOS) or meet physical 
fitness standards.  He was issued a permanent P3 profile and underwent a Medical Evaluation 
Board  (MEB).    Chronic  left  testicular  pain  secondary  to  surgery  versus neuropathic  in  nature 
was  forwarded  to  the  Physical  Evaluation  Board  (PEB)  IAW  AR  40-501.    No  other  conditions 
appeared  on  the  MEB’s  submission.    The  PEB  adjudicated  the  chronic  left  testicular  pain 

condition as unfitting, rated 0% with likely application of the US Army Physical Disability Agency 

(USAPDA)  pain  policy.    The  CI  made  no  appeals,  and  was  medically  separated  with  a  0% 
disability rating.   
 
 
CI CONTENTION:  “I believe that a 0% rating was unfair for losing a testicle and having the other 
tied down.  I still to this day have discomfort and ED from my post surgery.”   
 
 
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.    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:   
 

*increased rating to 10% effective 20020823 for combined 10% 
 
 
ANALYSIS SUMMARY:  The Board acknowledges the sentiment expressed in the CI’s application, 
i.e.,  that  the  gravity  of  his  condition  and  the  significant  impairment  with  which  his  service-
incurred condition continues to burden him merit consideration for a higher separation rating.  
The Board wishes to clarify that it is subject to the same laws for service disability entitlements 
as those under which the Disability Evaluation System (DES) operates.  The DES has neither the 
role  nor  the  authority  to  compensate  members  for  anticipated  future  severity  or  potential 

Service IPEB – Dated 20010928 
Condition 

Code 
8730 

Rating 

0% 

Chronic Left Testicular 
Pain 

↓No Additional MEB/PEB Entries↓ 

Combined:  0% 

VA (3 Mos. Post-Separation) – All Effective Date 20011027 

Condition 

Code 

Postoperative Status, Left 
Orchidopexy 

7599-7525 
0% X 3 / Not Service-Connected x 2 

Rating 
0%* 

Exam 

20020129 

 

Combined: 0% 

complications of conditions resulting in medical separation.  That role and authority is granted 
by Congress to the Department of Veterans Affairs (DVA), operating under a different set of 
laws (Title 38, United States Code).  The Board evaluates DVA evidence proximal to separation 
in arriving at its recommendations, but its authority resides in evaluating the fairness of DES 
fitness decisions and rating determinations for disability at the time of separation. 
 
Chronic  Left  Testicular  Pain  Condition.    The  CI  developed  right  testicle  pain  during  physical 
training for up to 36 hours prior to presenting for care.  He underwent a semi-emergent right 
orchiectomy, (removal of the right testicle) for ultrasound confirmed right testicular torsion.  He 
also  underwent  a  preventive  surgical  measure  (orchiopexy)  for  the  left  testicle  at  the  same 
time, performed in January 2001.  He did well until 2 months postoperatively when he began 
having  daily  pain  in  his  left  testicle.    Urology  revaluated  him,  documented  a  normal 
postoperative exam and ultrasound.  The urologist opined the pain was most likely neuropathic 
in  nature  and  would  resolve  over  time  and  recommended  a  pain  clinic  referral.    The  pain 
persisted, was sharp and burning lasting up to a couple of hours daily and was exacerbated with 
physical activity, running and standing greater than 15 minutes.  Nonsteroidal pain medications 
did  give  him  some  relief.    The  profile  limitations  included;  no  sit-ups,  push-ups,  or  running, 
lifting only up to 20 pounds, and performing only the walk event for the physical training test.  
The commander’s statement corroborated the limitations and additionally documented he was 
unable to carry a rucksack for long distances, a requirement within his MOS.  The MEB physical 
exam  demonstrated  a  surgically  absent  right  testicle  and  a  normal  left  testicle.    At  the  VA 
Compensation  and  Pension  (C&P)  exam  after  separation,  the  CI  reported  tenderness  on  the 
right side of the scrotum when he was bathing or physically active, had no voiding problems 
and was able to maintain an erection.  The C&P exam was similar to the MEB exam with no 
additional findings.  
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB and VA chose different coding options for the condition, but this did not bear on rating.  
The PEB assigned a 0% rating coded 8730 (neuralgia ilioinguinal nerve) for moderate pain which 
is  consistent  with  the  Veterans  Administration  Schedule  for  Rating  Disabilities  (VASRD) 
§4.124a—Schedule  of  ratings–neurological  conditions  and  convulsive  disorders.    The  VA 
assigned  0%  rating,  non  compensable,  coded  analogous  to  7525  (Epididymo-orchitis,  chronic 
only)  as  the  evidence  did  not  support  use  of 
long-term  drug  therapy,  one  or  two 
hospitalizations  per  year,  or  intermittent  intensive  management.    Additionally,  the  VA  noted 
the disability was not specifically listed in the rating schedule; therefore, it was rated analogous 
to  a  disability  in  which  not  only  the  functions  affected,  but  anatomical  localization  and 
symptoms, were closely related.  The Board agreed the evidence supports likely a neuropathic 
etiology and considered the PEB’s chosen code more clinically appropriate for the functional 
residual  pain  impairment.    The  Board  further  agreed  the  evidence  did  not  support  a  higher 

rating of severe under the 8730 code.  There was no viable approach to a higher rating for the 

chronic  left  testicular  pain  which  was  countenanced  by  the  VASRD.    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 chronic left testicular pain 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.  As discussed above, PEB reliance on the USAPDA pain policy for rating chronic 
left testicular pain was operant in this case and the condition was adjudicated independently of 
that policy by the Board.  In the matter of the chronic left testicular pain condition and IAW 
VASRD §4.124a, 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:   
 

UNFITTING CONDITION 

VASRD CODE  RATING 

8730 

COMBINED 

0% 
0% 

Chronic Left Testicular Pain 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120608, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 

 

           XXXXXXXXXXXXXXXXXX 
           President 
           Physical Disability Board of Review 

 
 

 
 
 

 
 
 

 
 
 

 
 
 

 
 

 
 
 

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 
XXXXXXXXXXXXXXXXXXXX, AR20120021434 (PD201200652) 
 
 
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 and hereby deny the individual’s application.   
This decision is final.  The individual concerned, counsel (if any), and any Members of Congress 
who have shown interest in this application have been notified of this decision by mail. 
 
 BY ORDER OF THE SECRETARY OF THE ARMY: 
 
 
 
 
Encl 
 
 
 
CF:  
(  ) DoD PDBR 
(  ) DVA 
 
 

     XXXXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)