DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 20370-5IOO JRE
Docket
6 May
No. 01647-03
2003
This is in reference to your application for corl
naval record pursuant to the provisions of title
United States Code, section 1552.
ection of your
10 of the
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 April 2003. Your allegations c.f error and
injustice were reviewed in accordance with admin:~strative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Bclard consisted
of your application, together with all material cubmitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you were discharged from tht Marine Corps
on 15 November 1994 by reason of physical disability, because of
the residual effects of an inguinal hernia repair. You received
a rating of 1030, for the minimal impairment of p1,oductivity
associated with your condition. Effective 16 November 1994, the
Department of Veterans Affairs (VA) awarded you h 108 rating for
inguinal hernia repair with ilioinguinal nerve eritrapment. The
rating was increased to 30% effective 4 June 200;,, based on the
increase in pain you had experienced in the year:: immediately
preceding your request for an increased rating. The VA rating
officials noted that 10% was the maximum permissjble rating for
a disability of the ilioinguinal I~t-~ve; however, they felt that
your symptoms were "similar to that described for the 30 percent
evaluation for post-operative hernia", i . e . , a rc current hernia
not well supported by a truss or not readily red~lcible, and thus
warranted a 30% rating. That determination was made
notwithstanding the fact that there was no recurlence of the
hernia, or requirement for support therefor.
$he Board noted that although the VA may change cisability
ratings throughout a veteran's lifetime, as the :everity of
rated conditions changes, ratings assigned by thc military
departments are fixed as of the date of separatic~n. As you have
not demonstrated that your condition met the criteria for a 30%
rating at the time of your discharge, the Board h-as unable to
recommend corrective action in your case. Accorclingly, your
application has been denied. The names and vote: of the members
of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submissior! of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of c.n official
naval record, the burden is on the applicant to clemonstrate the
existence of probable material error or injustice
Sincerely,
W. DEAN PFEIFF R
Executive Dire k tor
AF | PDBR | CY2010 | PD2010-00006
In the matter of the right inguinal neuralgia condition with chronic right groin pain condition, the Board unanimously recommends a rating of 10% coded 8630 IAW VASRD §4.124a. In the matter of the right inguinal scar condition, the Board unanimously agrees that it cannot recommend a finding of unfit for additional rating at separation. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2012 | PD2012-00593
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: MARINE CORPS SEPARATION DATE: 20030415 NAME: CASE NUMBER: PD1200593 BOARD DATE: 20121204 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty LCpl/E-3 (3381/Basic Marine), medically separated for right inguinal pain, ilioinguinal neuralgia, status post repair of recurrent right inguinal hernia repair, and incidental occurrence of left...
AF | PDBR | CY2013 | PD-2013-01706
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 | CY2012 | PD2012-00539
The PEB adjudicated the right inguinal neuropathic pain condition as unfitting and rated it 10%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). At the MEB exam performed approximately 7 months prior to separation, the CI reported “after nerve trans-section needed to get pain medications, Hernia repair and laparoscopic hernia repair, femoral nerve entrapment nerve transection.” The MEB physical exam noted “multiple scars right lower quadrant all well...
AF | PDBR | CY2014 | PD 2014 00171
Further surgical treatment was not recommended.At the MEB exam performed on 14 March 2007 (performed 3 months prior to separation), the CI reported continued left groin pain with activity. Data quoted were: 1) well healed 9 x 2 cm scar in the left inguinal area, tender to palpation; 2)well healed 5x1 cm scar in right inguinal area tender to palpation and 3) no evidence of recurrent groin hernias.The Board directs attention to its rating recommendationbased on the above evidence.The PEB...
AF | PDBR | CY2010 | PD2010-00064
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 | CY2012 | PD-2012-01679
The MEB also forwarded two other conditions (pain disorder associated with psychological factors and general medical condition and panic disorder without agoraphobia) IAW AR 40-501.The Informal PEB adjudicated bilateral groin pain post-hernia nerve entrapment repair as unfitting, rated 20%,referencing the US Army Physical Disability Agency (USAPDA) pain policy.The remaining conditions were determined to be not unfitting. On examination there were no hernias detected but there was increased...
AF | PDBR | CY2012 | PD2012-01653
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 | CY2013 | PD-2013-02812
SEPARATION DATE: 20071002 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 right hip neuropathic pain condition and IAW VASRD §4.124a, the Board...
AF | PDBR | CY2012 | PD2012 01868
No other conditions were submitted by the MEB.The PEBadjudicatedchronic LLQ pain s/p inguinal hernia repair condition as unfitting, existed prior to service (EPTS) reduced by 0%, and rated 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The CI made no appeals, and was medically separatedwith a 10% disability rating. The examiner diagnosed chronic LLQ pain s/p inguinal hernia repair.The MEB physical exam at the time of the NARSUM demonstrated mild to...