RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01836
BRANCH OF SERVICE:  Air Force	SEPARATION DATE:  20070606

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E3, Security Forces Apprentice, medically separated for “epilepsy,” with a disability rating of 20%.

CI CONTENTION:  “Review all conditions.”  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 - 20070329	VARD - 20120119	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Epilepsy	8910	20%	Seizure Disorder, Grand Mal	8999-8910	0%	20120103	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:

Epilepsy.  According to service treatment record and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s epilepsy condition began in June 2006 after he was witnessed to have a seizure.  The MEB forwarded “epileptic seizure disorder” for PEB adjudication.  At the neurology examination during the admission after the seizure in June 2006 (a year prior to separation) the CI complained of feeling lightheaded, saw stars or spots and then does not remember anything until emergency medical services was on the scene.  Physical examination including electroencephalogram showed a tracing consistent with epilepsy and an otherwise normal physical evaluation.  The MEB NARSUM examination on 2 January 2007 (5 months prior to separation) noted complaints of a single seizure that occurred 6 months prior to the examination and no recurrence of seizures.  The physical examination showed a normal evaluation.

The VA Compensation and Pension (C&P) examination was performed almost 5 years after separation; because of the remoteness of this examination it offers little to no probative value.

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the epilepsy condition 20%, coded 8910 (epilepsy, grand mal).  The VA rated the epilepsy condition 0% coded 8910 (epilepsy, grand mal), based on the VA C&P examination almost 5 years after separation, citing no recurrence since initial seizure.  The Board agreed the CI’s experienced a single generalized seizure with a subsequent evaluation that confirmed the diagnosis.  At the time of separation the CI had experienced a single seizure within the past 2 years supporting a 20% rating but no higher.  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 epilepsy condition.

BOARD FINDINGS:  In the matter of the epilepsy condition and IAW VASRD §4.71a, 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 20150620, 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

XXXXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXXXX:

Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2015-01836.

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,

XXXXXXXXXXXXXXXXXXXXX
Director
Air Force Review Boards Agency

Attachment:
Record of Proceedings