RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXX	CASE:  PD-2014-01024
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20090928

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty, E5, Aerospace Ground Equipment Craftsman, medically separated for “seizure disorder,” with a disability rating of 10%.

CI CONTENTION:  The CI contended for his unfitting condition.  His complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The Board’s scope of review is defined in DoDI 6040.44.  It is limited to those conditions determined by the Physical Evaluation Board (PEB) to be unfitting for continued military service and when specifically requested by the CI, those conditions identified by the PEB, but determined to be not unfitting.  Any conditions outside the Board’s defined scope of review and any contention not requested in this application may remain eligible for future consideration by the Board for Correction of Military Records.  Furthermore, the Board’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  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.  The Board has neither the role nor the authority to compensate for post-separation progression or complications of service-connected conditions.  That role and authority is granted by Congress to the Department of Veterans Affairs, operating under a different set of laws.  The Board gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB - 20090608	VARD - 20091209	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Seizure Disorder	8910	20%	Epileptic Seizures	8911	20%	20090914	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS: 40%	

ANALYSIS SUMMARY:  

Seizure Disorder.  Service treatment records (STR) note the CI had his first seizure in June 2007 without warning.  He had no memory of the event until 15 minutes later.  The second seizure occurred while playing video games with an associated 20 minute loss of consciousness.  A third seizure occurred at work after physical training in November 2008.  The first and third seizures were witnessed as tonic-clonic in type.  Neurological evaluation was negative, including three EEGs [electroencephalogram] and magnetic resonance imaging (MRI).  There was no previous seizure history.  The CI was treated with medication for seizures.  

The narrative summary (NARSUM), dated March 2009, noted the CI had not had any further seizures while on medication.  He had been moved from his duty section as a mechanic to avoid working around heavy machinery.  Neurological examination was unremarkable.  The examiner noted his seizure disorder was controlled with medication.  The commander’s statement noted the CI was an outstanding noncommissioned officer and consistently performed superbly but his medical condition restricted him from performing duties in his career field.  He could not perform maintenance on equipment nor duties where sudden incapacitation would injure self or others.  He was limited to working in the support section of his shop.  

At the VA Compensation and Pension (C&P) examination performed 2 weeks before separation, the CI reported he had no seizures since starting medication.  He was able to perform all activities of daily living and was working at the job he had since 2002. He continued to take medication for seizures daily.  Physical examination was normal.  A diagnosis of seizure disorder and syncope (fainting) was rendered.  He had sustained no injuries.  

The Board directed its attention to its rating recommendation based on the above evidence.  The PEB and VA each assigned a 20% rating but the PEB coded the condition 8910 (epilepsy, grand mal) and the VA coded the condition under the 8911 code (epilepsy, petit mal).  The next higher rating of 40% would require at least one major seizure in the last 6 months or two in the last year; or averaging at least five to eight minor seizures weekly.  The Board agreed that the CI had major seizures but did not fulfill the criteria for 40% as stated.  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 seizure condition.  

BOARD FINDINGS:  In the matter of the seizure condition and IAW VASRD §4.124, the Board recommends no change in the PEB adjudication.  There were no other conditions within the Board’s scope of review for consideration.   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 20140222, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAF/MRB
1500 West Perimeter Road, Suite 3700
Joint Base Andrews, MD  20762

Dear XXXXXXXXXX:

Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2014-01024.

After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was appropriate.  Accordingly, the Board recommended no re-characterization or modification of your separation.

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding and their conclusion that re-characterization of your separation is not warranted.  Accordingly, I accept their recommendation that your application be denied.

Sincerely,

Attachment:
Record of Proceedings