RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-02422
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20040917

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

CI CONTENTION:  “Review all conditions.”  The 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 - 20040406	VARD – N/A	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Seizure Disorder	8910	10%	No VA Examination in Evidence	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  N/A	

ANALYSIS SUMMARY:  

Seizure Disorder.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI had an initial seizure in July 2002 and a second one in July 2003.  Her Neurologic work-up to include radiographic imaging was normal.  Diagnosed with a seizure disorder in August 2003, she began taking an oral anti-convulsive medication on a daily basis and was referred to an MEB.  

At the MEB NARSUM examination on 17 March 2004, 6 months prior to separation, it was noted that the CI’s last known seizure was on 21 July 2003 (8 months prior to this examination and 14 months prior to separation) and “…has been doing well since starting [the anti-convulsive medication].”  Her physical examination (PE) was normal and her diagnosis remained unchanged.  The provider additionally added, “[the CI] has been able to perform her duties as an information management technician without limitation since her first seizure in 2002.”  There was no VA examination in evidence proximate to separation and therefore, the panel’s rating recommendation will be based upon the STR and MEB-driven documents.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the seizure disorder 10% under code 8910 (epilepsy, grand mal).  Panel members focused on the time interval from 2 years prior to separation through the date of separation and the number of major and minor seizures that occurred during that interval.  The panel agreed that a 20% rating under VASRD code 8910 was warranted for a seizure history of at least 1 major seizure in the last 2 years.  The next higher 40% rating required evidence that showed a seizure history of at least 1 major seizure within the last 6 months or 2 in the last year; or an average of at least 5 to 8 minor seizures weekly.  The panel agreed that the CI’s seizure history did not support a 40% rating under the general rating formula for major and minor epileptic seizures.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 20% for the seizure disorder condition.   

BOARD FINDINGS:  In the matter of the seizure disorder, the panel unanimously recommends a disability rating of 20%, coded 8910 IAW VASRD §4.124a.  There are no other conditions within the Board’s scope of review for consideration.  The panel recommends that the CI’s prior determination be modified as follows, effective as of the date of the prior medical separation:  

CONDITION	VASRD CODE	PERMANENT RATING	
Seizure Disorder	8910	20%	
COMBINED	20%	

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150916, w/atchs
Exhibit B.  Service Treatment Record

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

XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX:

Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2015-02422.

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.  The Board recommended modification of your assigned disability rating without re-characterization of your separation with severance pay. 

I carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding, accept their recommendation and direct that your records be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff, United States Air Force.  The office responsible for making the correction will inform you when your records have been changed.  This will not result in any change to your separation documents or the amount of severance pay you are entitled to.  Disability severance pay is computed the same regardless of a rating of 0, 10 or 20 percent.

Sincerely,

XXXXXXXXXXXXXXXXXX
Director
Air Force Review Boards Agency

Attachment:
1.  Directive 
2.  Record of Proceedings 

cc:
SAF/MRBR