RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01452
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20050301

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E3, Tactical Aircraft Mechanic, medically separated for “seizure disorder,” with a disability rating of 10%.  

CI CONTENTION:  The CI contends the frequency of the seizures prior to separation warrant review and other conditions not addressed by the MEB or PEB. The CI’s complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The panel’s scope of review is defined in DoDI 6040.44.  It is limited to review of disability ratings assigned 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 or non-compensable.  Any conditions outside the panel’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 panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The panel’s assessment of the PEB rating determination 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(s) at the time of separation.  The panel 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 panel 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 - 20041202	VARD - 20051208	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Seizure Disorder	8910	10%	Epilepsy (Idiopathic)	8910	20%	20051013	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  30%	

ANALYSIS SUMMARY:  

Seizure Disorder.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s seizure disorder began in August 2004.  Two additional seizures were witnessed and documented in September and November 2004.  Medications were adjusted due to side effects and sub-therapeutic levels in November 2004 with no further seizures reported.  

The 29 September 2004 MEB NARSUM examination, 5 months prior to separation, confirmed a past history of 2 generalized tonic-clonic seizures.  Radiographic evaluation (MRI) documented a normal brain.  Electrophysiologic testing documented seizure activity.  The physical and neurologic examinations were normal.  At the February 2005 MEB examination (recorded on DD Forms 2697 and 2807), 1 month prior to separation, the CI reported complications (head laceration) resulting from the seizure disorder and denied any subsequent seizures.  

At the 13 October 2005 VA Compensation and Pension (C&P) evaluation, performed 7 months after separation, the CI reported another seizure in February 2005 which resulted in a head laceration and rib trauma (no evidence of fracture).  The physical and neurologic examinations were normal.  The examiner was unable to verify a second scalp laceration scar.   

The panel directed attention to the rating recommendation based on the above evidence.  The PEB rated the seizure disorder 10%, coded 8910 (epilepsy, grand mal), citing Department of Defense and Veterans Administration schedule for rating disabilities guidelines.  The VA rated the seizure disorder 20% coded 8910 (Epilepsy, grand mal), based on the VA C&P examination 7 months after separation, citing “at least one major seizure in the last two years.”  The panel considered the evidence for rating.  Three generalized (major) seizures were documented in August, September and November 2004, prior to separation in March 2005.  There was also a post-separation report of a seizure in February 2005 that was not in evidence prior to separation.  VASRD §4.124a General Rating Formula for Major and Minor Epileptic Seizures specifies that seizures “averaging at least 1 major seizure in 4 months over the last year” warrants a 60% rating.  There was evidence of 3 major seizures in the 8 months prior to the date of separation that would support a rating of 60%.  There was inconclusive evidence to determine a seizure frequency that averaged at least one major seizure in 3 months over the last year in support of a higher rating.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 60% coded 8910 (epilepsy, grand mal).  

BOARD FINDINGS:  In the matter of the seizure disorder condition, the panel unanimously recommends a disability rating of 60%, coded 8910 IAW VASRD §4.124a.  There were no other conditions within the panel’s scope of review for consideration.  

The panel recommends that the CI’s prior determination be modified as follows; and, that the discharge with severance pay be re-characterized to reflect permanent disability retirement, effective as of the date of the prior medical separation:  

CONDITION	VASRD CODE	PERMANENT RATING	
Seizure Disorder	8910	60%	

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150612, 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

XXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXX:

Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2015-01452.

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 not appropriate under the guidelines of the Veterans Affairs Schedule for Rating Disabilities.  Accordingly, the Board recommended your separation be re-characterized to reflect disability retirement, rather than separation with severance pay.

I have carefully reviewed the evidence of record and the recommendation of the Board.    I concur with that finding, accept their recommendation and determined that your records should be corrected accordingly.  The office responsible for making the correction will inform you when your records have been changed.

As a result of the aforementioned correction, you are entitled by law to elect coverage under the Survivor Benefit Plan (SBP).  Upon receipt of this letter, you must contact the Air Force Personnel Center at XXXXXXXXXXXXXXXXXXX to make arrangements to obtain an SBP briefing prior to rendering an election.  If a valid election is not received within 30 days from the date of this letter, you will not be enrolled in the SBP program unless at the time of your separation, you were married or had an eligible dependent child, in such a case, failure to render an election will result in automatic enrollment.

Sincerely,

XXXXXXXXXXXXXXXXXXX
Director
Air Force Review Boards Agency

Attachment:
Record of Proceedings