RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20020315
NAME: XXXXXXXXXXXXXXXXXX
CASE NUMBER: PD1201653
BOARD DATE: 20130129
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E-4, (13B/Cannon Crewman), medically
separated for chronic right groin pain, subsequent to inguinal hernia repair with mesh. CI
underwent a hernia repair in May 2000 with residual chronic right groin pain despite treatment.
The chronic right groin pain condition could not be adequately rehabilitated and 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
P3 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded no other
conditions for Informal Physical Evaluation Board (IPEB) adjudication. The IPEB adjudicated the
chronic right groin pain condition as unfitting, rated 0%. The CI appealed to the Formal PEB
(FPEB), which affirmed the IPEB findings; and was then medically separated with a 0% disability
rating.
CI CONTENTION: “The rating of 10% was never a satisfactory rating. I continue to have lower
back pain and groin pain.”
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 chronic right groin pain meets the
criteria prescribed in DoDI 6040.44 for Board purview and is addressed below. The other
requested condition, low back pain (LBP), is not within the Board’s purview. 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 FPEB – Dated 20020115
Condition
Code
Rating
VA (# Mos. Pre/Post-Separation) – All Effective Date 20020316
Exam
Condition
Rating
Code
Chronic Right Groin Pain
8777-8730
0%
↓No Additional MEB/PEB Entries↓
Combined: 0%
Nerve Impingement Status Post
Right Inguinal Hernia
7338-8530
0%
Not Service-Connected x 1
Combined: 0%
20030415
20030415
ANALYSIS SUMMARY:
Chronic Right Groin Pain Condition. The MEB narrative summary (NARSUM), dictated
16 October 2001, notes the CI had a right inguinal hernia repair with mesh application in May
2000. After surgery, the CI continued to complain of right inguinal pain possibly secondary to a
nerve impingement syndrome in the area. Pain was unalleviated by conservative treatment
and injection therapy and limited the CI’s military duty to include no running, marching and no
field duty. The CI received a permanent profile and medical separation from the service was
recommended. The MEB NARSUM physical exam performed on 17 November 2001 noted a
well healed post-surgery scar in the right inguinal area with diffuse tenderness to palpation and
decreased light touch sensation in the area. No bulge or masses were observed. The leg had
normal strength (5/5). At the VA Compensation and Pension (C&P) examination, performed
15 April 2003, 13 months after separation, the CI reported he continued to have pain and
numbness in the right inguinal area. The examiner noted that a neurologist diagnosed nerve
impingement and the CI was referred to a pain specialist who treated with local steroid and
anesthetic injections. Surgical exploration of the nerve was proposed, however the CI declined
the intervention. The C&P physical examination revealed a well healed 3 cm scar in the right
groin area, barely visible, without any keloid or cicatrization. There was no evidence of
recurrence of hernia. Gait was normal.
The Board directs attention to its rating recommendation based on the above evidence. Both
the PEB and VA rated the right inguinal hernia condition 0% using different codes. The PEB
used codes 8777-8730 ilioinguinal nerve neuralgia rated 0%, the highest rating achievable
under this code IAW §4.124. The VA used codes 7338-8530 (inguinal hernia, paralysis
ilioinguinal nerve), nerve impingement status post (s/p) right hernia repair. Both the PEB and
VA rated analogously to the ilioinguinal nerve, the PEB using the code for ilioinguinal nerve
neuralgia (8730) while the VA used ilioinguinal nerve paralysis (8530). No paralysis was present
to warrant the 10% rating and both adjudicated a 0% (zero percent) rating. The Board also
considered a rating under 7338 for inguinal hernia however a 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 right 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 nerve impingement s/p right inguinal hernia 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:
Nerve Impingement Status Post Right Inguinal Hernia
UNFITTING CONDITION
VASRD CODE RATING
8777-8730
COMBINED
0%
0%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120606, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXXXXX, DAF
Acting Director
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / XXXXXXXXXX), WRAMC, 2900 Crystal Drive, Suite 300, Arlington, VA
22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXXX, AR20130003820 (PD201201653)
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
XXXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
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