Search Decisions

Decision Text

AF | PDBR | CY2014 | PD-2014-01144
Original file (PD-2014-01144.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXX    CASE: PD-2014-01144
BRANCH OF SERVICE: Army  BOARD DATE: 20141210
SEPARATION DATE: 20080722


SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E-5 (BCP Maintainer/Operator) medically separated for penile pain syndrome. The condition could not be adequately rehabilitated to meet the physical requirements of his Military Occupational Specialty or satisfy physical fitness standards. He was issued a permanent P3 profile and referred for a Medical Evaluation Board (MEB). The penile pain syndrome condition, characterized as “chronic pelvic pain/penile pain” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. The PEB adjudicated “painful penile retraction syndrome evaluated as neuralgia, ilioinguinal nerve,” rated 0% citing the VA Schedule for Rating Disabilities (VASRD). The CI made no appeals and was medically separated.


CI CONTENTION: “Received no rating for PTSD (posttraumatic stress disorder).” His complete submission is at Exhibit A.


SCOPE OF REVIEW: The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3, paragraph 5.e.(2). It is limited to those conditions determined by the PEB to be unfitting for continued military service and those conditions identified but not determined to be unfitting by the PEB when specifically requested by the CI. The rating for the unfitting penile pain syndrome condition is addressed below. The contended PTSD condition (or any other mental health disorder) was not identified by the PEB, and thus is not within the DoDI 6040.44 defined purview of the Board. No additional conditions are within the DoDI 6040.44 defined purview of the Board. Any condition or contention not requested in this application, or otherwise outside the Board’s defined scope of review (such as PTSD), remain eligible for future consideration by the Board for Correction of Military Records.


 RATING COMPARISON :

Service IPEB – Dated 20080505
 VA - (At Separation)
Condition
 Code Rating Condition Code Rating Exam
Painful Penile Retraction Syndrome… 8799-8730 0% Disappearing Penis Syndrome 8799-8730 0% 20080710
Other x 0 (Not In Scope)
 Other x 4
Combined: 0%
 Combined: 20%
Derived from VA Rating Decision (VA RD ) dated 20081009 ( most proximate to date of separation [ DOS ] ).


ANALYSIS SUMMARY:

Penile Pain Syndrome Condition. The record indicated complaints of severe discomfort and penile pain (secondary to retraction) while doing physical training. Painful retraction had onset approximately 8 months prior to separation. There were no other abnormalities referable to the penis, testicles, bladder/urinary system, and no erectile dysfunction or penile masses. There was no flank pain or change in bowel habits. Evaluations were essentially normal to include cystoscopy (visualization of the bladder) and post-void residual. Uroflow indicated urinary straining as the only abnormality. Narrative summary physical exam performed 4 months before separation was normal. At the VA Compensation and Pension exam performed the month of separation, the CI reported that his penis would retract at rest or in the cold for the last year. He denied erectile dysfunction and had no bladder difficulty, or any other difficulties referable to the genitourinary system. Exams of the abdomen and genital/rectal exams were normal.

The Board directed attention to its rating recommendation based on the above evidence. The PEB and VA both coded the condition analogous to ilioinguinal nerve neuralgia (8799-8730) at 0%. The ilioinguinal nerve was adjudged as correct given the symptoms and location in the groin area as well as IAW VASRD §4.120 (evaluations by comparison) and VASRD §4.124a (Schedule of ratings–neurological conditions and convulsive disorders). The highest rating for severe to complete paralysis of the ilioinguinal nerve is 10%. For the ilioinguinal nerve, the maximum rating level for neuralgia (§4.124-nerve pain) is “moderate” (0%). The Board also considered alternative coding and rating for neuritis (§4.123-nerve irritation/inflammation); however, the maximum is “moderate” unless there are organic changes. There was no paralysis and no evidence of organic changes (for a “severe” rating level of 10%) and “moderate” (0%) was therefore the maximum rating level for this condition.

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 painful penile retraction syndrome 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 painful penile retraction syndrome 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 re-characterization of the CI’s disability and separation determination.


The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20140228, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record




XXXXXXXXXXXXXXX
President
DoD Physical Disability Board of Review

SAMR-RB                                                                         


MEMORANDUM FOR Commander, US Army Physical Disability Agency
(AHRC-DO), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557


SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXX, AR20150007659 (PD201401144)


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              XXXXXXXXXXXXXX
                           Deputy Assistant Secretary of the Army
                           (Review Boards)
                                                     
CF:
( ) DoD PDBR
( ) DVA

Similar Decisions

  • AF | PDBR | CY2013 | PD-2013-01706

    Original file (PD-2013-01706.rtf) Auto-classification: Approved

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. Post-Separation) ConditionCodeRatingConditionCodeRatingExam Chronic Left Inguinal Pain following Hernia Repair8799-87300%Left Ilioinguinal Nerve Entrapment….Hernia Repair7338-853010%20040525Other x 0 (Not in Scope)Other x 3 Combined: 0%Combined: 40% *Derived from VA...

  • AF | PDBR | CY2014 | PD-2014-00989

    Original file (PD-2014-00989.rtf) Auto-classification: Denied

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. 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...

  • AF | PDBR | CY2013 | PD-2013-02031

    Original file (PD-2013-02031.rtf) Auto-classification: Denied

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. Pre-SepLeftRightLeftRightFlexion (140 Normal)140140140140Extension (0 Normal)0000Comment+Tenderenss+Tenderness§4.71a Rating0% or 10%*0% or 10%*0%0%*Conceding VASRD §4.40 (functional loss) or §4.59 (painful motion)The...

  • AF | PDBR | CY2012 | PD-2012-00479

    Original file (PD-2012-00479.pdf) Auto-classification: Denied

    The PEB adjudicated the CI’s condition as neuralgia of the ilioinguinal nerve, unfit, rated at 0%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). In this case, the PEB rating is for chronic right groin pain; however, the NARSUM indicated right groin pain that was constant, worse with any activity, and interfered with daily activities. RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows, effective as of the date...

  • AF | PDBR | CY2012 | PD-2012-00348

    Original file (PD-2012-00348.pdf) Auto-classification: Denied

    The FPEB adjudicated the testicular and right ankle pain conditions as unfitting, rated 0% and 0% respectively, and was then medically separated with a 0% combined disability rating. The PEB assigned a 0% rating coded analogous to 8730 (neuralgia ilioinguinal nerve) for moderate pain and while the original VA rating decision assigned a 0% rating, a rating decision 8 months post separation increased the rating to 10% for severe pain after a request was made to reopen the case. I have...

  • AF | PDBR | CY2010 | PD2010-00132

    Original file (PD2010-00132.docx) Auto-classification: Denied

    ANALYSIS SUMMARY : The Board notes that the CI’s contended rating for his right groin condition references a VA rating decision based on evaluations performed over a year after separation. Right Groin Condition . The Board considered, given the actual severity and associated disability in evidence, the applicability of VASRD §4.7 (higher of two evaluations) which would favor a rating under the 8630 neuritis code.

  • AF | PDBR | CY2012 | PD2012-01653

    Original file (PD2012-01653.pdf) Auto-classification: Denied

    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. Both the PEB and VA rated the right inguinal hernia...

  • AF | PDBR | CY2011 | PD2011-00938

    Original file (PD2011-00938.docx) Auto-classification: Approved

    The CI appealed to the Formal PEB (FPEB) which adjudicated the bilateral knee pain unfitting at 20% and the ilioinguinal nerve pain at 0%, with specified application of the US Army Physical Disability Agency (USAPDA) pain policy for rating the knee condition and with specifying the Veterans Administration Schedule for Rating Disabilities (VASRD) criteria for the ilioinguinal condition. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the...

  • AF | PDBR | CY2010 | PD2010-00064

    Original file (PD2010-00064.docx) Auto-classification: Approved

    PHYSICAL DISABILITY BOARD OF REVIEW In the matter of the right inguinal condition (neuropathy complicating hernia repair), the Board unanimously recommends a disability rating of 10%, coded 8699-8630 IAW VASRD §4.124a. 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.

  • AF | PDBR | CY2013 | PD-2013-01813

    Original file (PD-2013-01813.rtf) Auto-classification: Approved

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. A surgical procedure to “untrap” the nerve was offered to the CI who declined.On a pain clinic evaluation on 27 January 2004, the CI reported groin pain shooting to his scrotum.On examinationthe surgical scars were...