RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-00262 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20050531

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

CI CONTENTION: “VA rating has changed, problems maintaining employment.” 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’s assessment of the PEB rating determination is based on review of medical records and all available evidence relevant to application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards for 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, which operates 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 disability at the time of separation.

RATING COMPARISON:

SERVICE PEB - 20050328	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Complex Partial Seizure Disorder	8911	10%	No VA Examination Proximate to Separation in Evidence	
Epilepsy	Cat II		
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

Complex Partial Seizure Disorder. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s seizure disorder began in February 2004 as “shaking episodes.” The electroencephalogram performed in April 2004 was normal as were the laboratory results and diagnostic tests, including CT and MRI of the brain in May 2004. In June 2004, he was assessed with the diagnosis of complex partial seizures.

The 15 October 2004 MEB NARSUM examination, 8 months prior to separation, noted the CI presented to the emergency room (ER) on 29 May 2004 with the complaint of “shaking.” He was

discharged with a presumed psychiatric diagnosis of possible conversion disorder. The following morning, he was found “unresponsive” on a loading dock between his barracks and work, and was returned to the ER. No seizure activity was observed and despite his “apparent unconscious state,” he became combative when touched in the ER. A few days later, the CI was transferred to another hospital for further evaluation and was observed to have had one seizure during his admission. He was started on medication and his condition improved. He was eventually diagnosed with complex partial seizure. Physical examination was unremarkable and laboratory studies 2 days prior to the NARSUM were normal. The examiner opined the CI’s condition required ongoing treatment.

The STR documented one witnessed seizure during the May 2004 hospitalization as noted above. The seizure was described as periods of decreased responsiveness and hallucinations. There was an episode of “loss of consciousness” on 6 July 2004. The CI was using a computer, and the next thing he remembered was his roommate shaking him to wake him up. He was found with his face resting on his keyboard. There were no documented major seizures in the STR, and no further report of a minor seizure in the 6 months prior to separation. There was no VA examination proximate to separation in evidence.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the seizure disorder 10%, coded 8911 (petit mal). The Navy PEB listed epilepsy as a related diagnosis (Category II) that contributed to the disability in this case. The panel agreed that the epilepsy was a diagnosis related to the seizure disorder and was not a separate condition which could be separately rated without pyramiding (basing more than one rating on the same impairment is prohibited IAW §4.14).

The higher rating of 20% under the 8911 code, requires evidence of at least one major seizure in the last 2 years; or at least two minor seizures in the last 6 months. Panel members agreed the higher 20% rating was not justified because there were no documented minor seizures in the 6 months prior to separation, and the CI had no history of a major seizure. Therefore, the 20% rating criteria were not met. There were no additional codes to consider. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded 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 panel recommends no change in the PEB adjudication. There are no other conditions within the panel’s scope of review for consideration. Therefore, the panel recommends no modification or re- characterization of the CI’s disability and separation determination.

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 20May20

From: Director, Secretary of the Navy Council of Review Boards

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW  (PDBR)

Ref:	(a) DoDI 6040.44
(b) PDBR ltr <ltd 16 Oct 18

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation (reference (b)) to the Department of the Navy on 5 Mar 2020 for appropriate action.

2.	On 20 March 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation  Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.