RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00701
BRANCH OF SERVICE:  Marine Corps	SEPARATION DATE:  20070415

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E2, Avionics Technician, medically separated for “hypersomnia rule out narcolepsy,” with a disability rating of 10%

CI CONTENTION:  The CI made no specific contention.  The CI’s 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 based on 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 - 20070226	VARD - 20091211	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Hypersomnia	8108	10%	Narcolepsy	8108	10%	20091005	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Hypersomnia.  According to service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s sleep condition beginning in 2006 after experiencing day-time sleep attacks while in class.  The MEB forwarded “narcolepsy” for PEB adjudication.  The 21 May 2006 polysomnogram (sleep study) showed a normal overnight sleep and recorded 4 daytime naps with an average sleep latency of 2 minutes each which was abnormal and consistent with narcolepsy.  The MEB NARSUM examination on 12 February 2007, 2 months prior to separation, noted complaints of falling asleep in class without warning and an episode of “falling asleep” while walking.  Physical examination showed a normal evaluation.

At the 23 October 2009 VA Compensation and Pension (C&P) Narcolepsy evaluation, performed 18 months after separation, the CI reported falling asleep easily during high school class.  He underwent polysomnogram in 2006 which diagnosed narcolepsy.  The CI ran out of medication to treat the problem 3 months earlier and at that time (off medication) complained of falling asleep (abnormal) once or twice per month.  Physical examination showed a normal evaluation.

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the sleep condition 10%, coded 8108 (narcolepsy).  The VA also rated the sleep condition 10%, also coded 8108 based on the VA C&P examination 18 months after separation, citing narcolepsy initially treated with medication.  The Board noted that the CI was diagnosed with narcolepsy and had a history of attacks to support a 10% rating.  Narcolepsy is rated as epilepsy, petit mal (minor seizures) according to the VASRD.  The Board agreed the STR and VA evidence did not show the CI experienced at least two verified minor seizures (two narcoleptic attacks) in the last 6 months to justify a higher rating.  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 hypersomnia condition.

BOARD FINDINGS:  In the matter of the hypersomnia 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.  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 20150602, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

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 15 Nov 16

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for the reasons provided in their forwarding memorandums, 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:

		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXXXXXX, former USMC

						  XXXXXXXXXXXXXXXXXXX
	     				  Assistant General Counsel
						  (Manpower & Reserve Affairs)