DEPARTMENT  OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD DC 20374-5023

IN REPLY REFER TO

1850
CORB:003
19 Feb 20

From: To:

Director, Secretary of the Navy Council of Review Boards 
PD-2017-03209

Subj:	PHYSICAL DISABILITY BOARD OF REVIEW (PDBR)

Ref:	(a) DoDI 6040.44
(b) PDBR ltr of 31 Oct 19

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation (reference (bl) to the Department of the Navy for appropriate action.

2.	On 12 February 2020, the Assistant Secretary of the Navy took action in your case by accepting the correct recommendation of the PDBR.	Accordingly, your records will be corrected to reflect an increase in the disability rating awarded by the Physical Evaluation Board from 10 to 40 percent with assignment to the Permanent Disability Retired List.

3.	The Assistant Secretary's determination, which represents final action in your case by the Department of the Navy, was sent to the Navy Personnel  Command, for correction of your records as  stated above.	You will be notified once those changes are complete.

RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXX	CASE: PD-2017-03209
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20060131

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Seaman, medically separated for “generalized tonic-clonic seizure, status post single episode” with a disability rating of 10%.

CI CONTENTION: “Just last year 2016 I was hospitalized with seizures twice. This has begun to affect my work as I missed at least 2 weeks of work and have a written warning for missed work.” 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 Medical Evaluation Board (MEB), but determined by the PEB 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. The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate. 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 disability at the time of separation.

RATING COMPARISON:

SERVICE PEB - 20051114	VARD - 20060606	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Generalized Tonic-Clonic Seizure	8999-8914	10%	Seizure Disorder	8910	40%	20051109	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 40%	

ANALYSIS SUMMARY:

Generalized Tonic-Clonic Seizure. According to the service treatment record and MEB narrative summary (NARSUM), the CI experienced a generalized tonic-clonic seizure on 1 October 2005, 4 months prior to separation.  The event occurred abruptly with loss of consciousness.

The 4 October 2005 MEB NARSUM examination, 4 months prior to separation, simply documented the chronology of the single seizure-like event. A focused neurologic examination was completely normal. The 9 November 2005 VA Compensation and Pension (C&P) examination, 3 months prior to separation, documented the CI’s chronology of physical events. The neurological  examination  was  normal.  An  internal  medicine  encounter  performed  on 29 November 2005 noted the CI’s epilepsy diagnosis. The neurological examination was also normal.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the epilepsy condition 10%, analogously coded 8999-8914    (epilepsy, psychomotor).

The VA rated the epilepsy condition 40%, coded 8910 (epilepsy, grand mal), based on the C&P examination, citing one major seizure.

Panel members agreed the CI’s epilepsy diagnosis and documented tonic-clonic seizure corresponds with VASRD code 8910. Excluding minor seizures, a 40% rating requires: “At least 1 major seizure in the last 6 months or 2 in the last year.” Panel members agreed that the CI’s witnessed and documented major seizure on 1 October 2005 was within 6 months of separation which supports a 40% rating. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 40% for the epilepsy condition, coded 8910.

BOARD FINDINGS: In the matter of the epilepsy condition, the panel recommends a disability rating of 40%, coded 8910 IAW VASRD §4.124a. There are no other conditions within the panel’s scope of review for consideration.

The panel recommends 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 the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Generalized Tonic-Clonic Seizure	8910	40%	

The following documentary evidence was considered:

2	PD-2017-03209