RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

 BRANCH OF SERVICE:  MARINE CORPS 
 
SEPARATION DATE:  20030215 

 
NAME:  X 
CASE NUMBER:  PD1201046 
BOARD DATE:  20130306 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was an active duty LCpl/E-3 (5811/Military Police) medically separated 
for chronic pain syndrome following two hydrocelectomies (removal of a fluid-filled sack in the 
scrotum).    Despite  the  surgical  intervention  the  CI  could  not  be  adequately  rehabilitated  to 
meet  the  requirements  of  his  Military  Occupational  Specialty  (MOS)  or  physical  fitness 
standards.    He  was  consequently  put  on  limited  duty  (LIMDU)  and  referred  for  a  Medical 
Evaluation  Board  (MEB). 
  The  MEB  diagnosed  “chronic  pain  syndrome;  status  post 
hydrocelectomy times two” and forwarded the case to the Physical Evaluation Board (PEB) with 
no other conditions.  The PEB adjudicated “chronic pain syndrome, status post hydrocelectomy 
time  [sic]  two,”  as  unfitting  and  rated  10%.    The  CI  made  no  appeals  and  was  medically 
separated with a 10% disability rating. 
 
 
CI CONTENTION: “Condition has selverely (sic) worsened/hands almost have no use off and has 
affected every job to where I cannot function in todays society. Due to a disability I am unable 
to live a normal life soon to be homeless cannot hold a job due to injury.”   
 
 
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  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 hydrocele condition is addressed below.  The 
CI contention about a hand injury was not mentioned by either the MEB or PEB and is therefore 
not  within  the  Board  scope  of  review.    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 PEB – Dated 20011227 

Condition 

Chronic Pain Syndrome 
S/P Hydrocelectomy 

Code 

7599-8730 

Rating 
10% 

↓No Additional MEB/PEB Entries↓ 

VA (1 Mo. Pre-Separation) – Effective 20030216 
Condition 

Code 

7599-7525 

Rating 
10% 

Exam 

20030115 

Status Postoperative Residuals 
w/Recurrence, Right Hydrocele  
Adjustment Disorder w/Anxiety 
and Major Depressive Disorder  
Residual Postoperative Groin 
Scars 

9440 

10% 

20030117 

7804* 
0% X 2 / Not Service Connected x 1 

10% 

20030115 

 

Combined:  10% 

Combined:  30% 

*20040601 VARD added groin scar at 10% effective retroactive to date of separation; initial combined VA disability was 20%.  
 
 
 

ANALYSIS SUMMARY:   
 
Chronic Pain Syndrome Status Post Hydrocelectomy.  The CI underwent surgery in September 
2000 to repair a symptomatic right testicular hydrocele, and a follow-up procedure in January 
2001 to  alleviate  post-operative  pain  due to  adhesions  and  scarring.    A  testicular  ultrasound 
performed in July 2001 reportedly showed a complex right hydrocele and scarring.  The MEB 
exam  in  August  2001,  4  months  prior  to  separation,  noted  that  the  CI  continued  to  have  “a 
large  amount  of pain  on  the  right  side”  and  was  “unable to  do  any physical  activity  without 
extremes of pain.”  The examiner found tenderness in the right side of the scrotum.  At the VA 
Compensation  and  Pension  (C&P)  exam  in  January  2003,  a  month  prior  to  separation,  the 
examiner noted that “when he stands, it hurts a great deal in the testicle and in the operative 
site.”  The examiner noted tenderness of the right testicle and right inguinal canal; the testicle 
was not hard and the epididymis was not tender. 
 
The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB assigned a 10% rating for code 7599-8730 (severe neuralgia, ilio-inguinal nerve).  The VA’s 
10%  rating  was  based  on  analogous  code  7525  (chronic  epididymo-orchitis  rated  as  urinary 
tract infection).  The Board considered the evidence and agreed that  the condition was best 
represented  by  severe  chronic  pain  related  to  the  ilio-inguinal  nerve  for  a  10%  rating,  the 
highest  rating  allowed  under  code  8730.    The  Board  concluded  therefore  that  this  condition 
could not be recommended for a higher disability rating. 
 
 
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  pain  syndrome  status  post  hydrocelectomy 
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: 
 

Chronic Pain Syndrome Status Post Hydrocelectomy 

UNFITTING CONDITION 

VASRD CODE  RATING 
7599-8730 
COMBINED 

10% 
10% 

 

 

The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120622, w/atchs. 
Exhibit B.  Service Treatment Record. 
Exhibit C.  Department of Veterans Affairs Treatment Record. 
 
 
 
 
 
 
 

 
 
 

X 
Acting Director 
Physical Disability Board of Review 

2                                                           PD1201046 

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 04 Apr 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: 
 
 
 
 
 
 
 
 
 
 
 
 

-  xformer USMC 
-  xformer USN  
-  xformer USMC 
-  xformer USMC 
-  xformer USN  
-  xformer USMC 
-  xformer USMC 
-  xformer USN  
-  xformer USMC 
-  xformer USN  
-  xformer USMC 
  
 

 
 
 
 
 
 
 
 
 
 
 

 

 

     
 
 
 
 

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

  x 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

3                                                           PD1201046