RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

BRANCH OF SERVICE:  MARINE CORPS 
SEPARATION DATE:  20020915 

 
NAME:  XXXXXXXXXX  
CASE NUMBER:  PD1200720  
BOARD DATE:  20121213 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered 
individual  (CI)  was  an  active  duty  LCpl/E-4  (3521/Automotive  Organizational 
Mechanic), medically separated for a left testicular condition (orchialgia/epididymalgia).  The CI 
did not respond adequately to conservative or surgical treatment to fulfill the physical demands 
of his Military Occupational Specialty (MOS).  He was placed on limited duty and referred for a 
Medical Evaluation Board (MEB).  Chronic left orchialgia/epididymalgia was forwarded to the 
Physical  Evaluation  Board  (PEB)  IAW  SECNAVINST  1850.4E.    No  other  conditions  were 
submitted  by  the  MEB.    The  PEB  adjudicated  the  left  testicular  condition  as  unfitting,  rated 
10%,  with  likely  application  of  the  Veterans  Administration  Schedule  for  Rating  Disabilities 
(VASRD).  The CI made no appeals, and was medically separated with a 10% disability rating. 
 
 
CI CONTENTION: “My rating was 30% and it was raised to 50%.  I have submitted a new claim 
and its under review.  I recently learned I have degenerative arthritis in my lower back and also 
in my hips and knees.  I stated before I believe I was 30% when I was discharged.  however  (sic) 
I cannot remember.” 
 
 
SCOPE  OF  REVIEW:    The  Board  wishes  to  clarify  that  the  scope  of  its  review  as  defined  in 
Department of Defense Instruction (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 rating for the unfitting left testicular condition is 
addressed below.  The requested conditions of degenerative arthritis in the lower back, hips 
and knees and the remaining conditions rated by the VA at separation are not within the DoDI 
6040.44  defined  purview  of  the  Board.    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 the Correction of Naval Records. 
 
 
RATING COMPARISON:  
 

VA (3.5 Mo. Pre-Separation) – Effective 20021116 
Condition 

Rating 

Code 

Exam 

Service IPEB – Dated 20020828 
Condition 

Code 

Rating 

Chronic Left Orchialgia 
/Epididymalgia 

8799-8730 

10% 

No Additional MEB/PEB Entries 

Status Post Left High Ligation of 
Internal Spermatic Veins and 
Cord Block with Residual 
Chronic Testalgia 
Tinnitus 
Posterior Head Scar, Post Nevus 
Removal 
Gerd 

7399-7346 
0% X 2 / Not Service Connected x 2 

7599-7525 

10% 

20020801 

6260 
7800 

10% 
10% 
10% 

20020801 
20020801 
20020801 
20020801 

Combined:  10% 

Combined:  30% 

 
 

ANALYSIS SUMMARY: 
 
Left Testicular Condition.  The CI lifted something heavy which resulted in a 2 year history of left 
hemiscrotal pain.  He was evaluated and followed by urology.  There was little improvement 
after  being placed  on  limited  duty  (LIMDU),  antibiotics,  pain  medications,  (both nonsteroidal 
and narcotics based), and pain modifier mediations.  Subsequently, he underwent a spermatic 
cord  block  and  then  surgical  ligation  of  a  varicocele,  confirmed  by  ultrasound,  without 
improvement.  The service treatment record (STR) reflected the pain ranged from 5 to 8 of 10 in 
intensity and increased with activity with notable swelling.  The narrative summary (NARSUM) 
for  the  MEB  referenced  the  following  LIMDU  limitations;  unable  to  lift  heavy  objects, 
participate in organized physical training, lift, do sit-ups or physical fitness testing.  The non-
medical assessment (NMA) documented the CI was not working in his MOS, missed 4 hours per 
week of work and his condition precluded him from firing a weapon. 
 
At the MEB the CI reported a sharp pain in the left groin which radiated to left inguinal canal, 
worsened with exertional activity for hours up to days.  He reported taking the pain modifier 
Neurontin with incomplete relief.  The MEB physical exam demonstrated tenderness of the left 
epididymis  and  testicle  and  otherwise  normal  anatomic  and  dermatomal  findings.    The 
urinalysis  and  culture  did  not  support  infection.    The  examiner  diagnosed  chronic  left 
orchialgia/epididymalgia and opined after exhausting clinical and surgical options that he would 
be unable to perform full duty in the near future.  At the VA Compensation and Pension (C&P) 
exam  prior  to  separation,  the  CI  additionally  reported  right  and  left  testicular  pain,  urinary 
symptoms  with  difficulty  starting  his  urine  and  the  flow  was  hesitant,  was  not  using  any 
absorbent  pad  material  and  psychologically  he  was  annoyed  as  he  had  to  give  up  running, 
squatting and heavy lifting due to testicular pain.  The C&P exam demonstrated a well healed 
stable  scar  in  the  left  inguinal  area,  tenderness  of  the  left  testicle,  but  not  of  the  right  and 
otherwise normal anatomical findings without evidence of hernia. 
 
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 10% rating coded analogous to 8730 (neuralgia ilioinguinal nerve) for severe 
to complete pain, the maximum allowable under this code, IAW §4.124a—Schedule of ratings–
neurological  conditions  and  convulsive  disorders.    The  VA  assigned  a  10%  rating  coded 
analogous  to  7525  (epididymo-orchitis,  chronic)  for  tenderness  IAW  §4.115b—Ratings  of  the 
genitourinary system.  The Board agreed the evidence supports likely a neuropathic etiology, 
but also clinically could support the 7525 code and considered evaluating the evidence for a 
higher  rating  under  this  code.    The  Board  agreed  the  evidence  supports  the  10%  rating 
analogous  to  7525  (epididymo-orchitis,  chronic  only)  for  use  of  long-term  drug  therapy,  but 
does not meet the 30% criteria of poor renal function or evidence that demonstrates recurrent 
symptomatic infection requiring drainage or hospitalization greater than two times per year, or 
continuous intensive management.  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 testicular 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  left  testicular  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. 
 

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RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of 
the CI’s disability and separation determination, as follows: 
 

VASRD CODE  RATING 
8799-8730 
COMBINED 

10% 
10% 

           XXXXXXXXXXXXXXXXXX 
           Director 
           Physical Disability Board of Review 

Chronic Left Orchialgia /Epididymalgia 

UNFITTING CONDITION 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120602 w/atchs. 
Exhibit B.  Service Treatment Record. 
Exhibit C.  Department of Veterans’ Affairs Treatment Record. 
 
 
 
 
 
 
 
 

 

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Ref:   (a) DoDI 6040.44 

             (b) CORB ltr dtd 31 Jan 13 
 

      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 USMC 
 
 
-    former USN  
-    former USN  
-    former USN  
-    former USN   

 
 

 

 

 

 
 
 
 
 
 
 
 

     

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL 

                                  OF REVIEW BOARDS  
 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS 

 

 
      
 
 

 
 
 
 

 
 
 
 

 
 
 
 

 
 
 
 

  XXXXXXXXXXXXX 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 
   

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