RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01453
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20061129

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

CI CONTENTION:  The CI’s conditions continue to worsen and negatively affect daily activities.  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 - 20060906	VARD - 20070608	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Complex Partial Seizure Disorder	8911	10%	Complex Partial Seizure Disorder	8999-8911	10%	STR	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Complex Partial Seizure Disorder.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI first presented for dizziness in July 2005 and reported that it had been present for years, but had increased over the prior few weeks to every 2-3 days.  Over the next few months, the CI underwent evaluations by otolaryngology, neurology, and cardiology.  Testing included electroencephalograms (EEGs, brain wave studies), MRIs of the brain and brain blood vessels, an echocardiogram, a Holter monitor (a 24 hour ambulatory EKG).  He was diagnosed with a complex partial seizure disorder and begun on Trileptal in November 2006.  No further episodes were reported after he began the Trileptal.  The MEB NARSUM examination on 30 June 2006, 5 months prior to separation, noted the above history and that the CI was stable (seizure free) on medications.  The neurological examination was normal.  The same examiner annotated on 9 August 2006 that there had been no changes in the clinical status.  The treating neurologist documented on 19 September 2006 that the CI was stable on medications.  He had been released from all restrictions other than he was not to drive if drowsy or sleepy.  There was no VA Compensation and Pension (C&P) evaluation proximate to separation in evidence.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the seizure disorder 10%, coded 8911 (epilepsy, petit mal), citing Department of Defense and Veterans Administration Schedule for Rating Disabilities guidelines.  The VA also rated the seizure disorder 10%, coded 8911, based on the STRs citing a confirmed seizure disorder diagnosis with a history of seizures in service.  The Board observed that the code 8911 is the appropriate code for this diagnosis.  There were no seizures recorded for the final year in service.  A rating of 10% is supported by the use of medications.  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 disorder.  

BOARD FINDINGS:  In the matter of the seizure disorder 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 20150615, with attachments.
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-2015-01453.

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,

XXXXXXXXXXXXXXXXXXX
Director
Air Force Review Boards Agency

Attachment:
Record of Proceedings