RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-01946
BRANCH OF SERVICE:  air force	SEPARATION DATE:  20091102

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Security Forces Journeyman, medically separated for “epilepsy, grand mal,” with a disability rating of 20%.  

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 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 - 20090513	VARD - 20100625	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Epilepsy, Grand Mal	8910	20%	Epilepsy	8910	10%	20091229	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  50% 	

ANALYSIS SUMMARY:  

Epilepsy, Grand Mal.  According to the service treatment record and MEB narrative summary (NARSUM), the CI suffered a witnessed tonic-clonic seizure in October 2004.  An extensive work up failed to find a structural cause of the seizure and the CI was placed on Lamictal, an anti-epileptic medication.  The CI did well until he had another seizure in December 2007.  

The 4 March 2009 MEB NARSUM examination, 8 months prior to separation, noted no new complaints and the physical examination was essentially normal.  At the 29 December 2009 VA Compensation and Pension (C&P) evaluation, 1 month after separation, the CI reported his history of seizures in the context of a work up for traumatic brain injury.  Physical examination showed normal neurologic functioning.  The examiner stated that the CI was not taking any antiepileptic medications and his description of his claimed seizure episodes were not consistent with a seizure disorder. 

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the epilepsy 20%, coded 8910 (epilepsy, grand mal).  The VA rated the epilepsy 10%, coded 8910, based on the C&P examination, citing diagnosis and previous history of seizures.  The panel noted the CI had two major seizures, one in October 2004 and one in December 2007 (approximately 11 months prior to separation).  IAW VASRD §4.124a, one major seizure within the previous two years indicates a rating of 20%.  The next higher rating of 40% is not warranted since the CI did not have a major seizure in the previous 6 months, or two in the previous year.  After due deliberation, considering all of 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 epilepsy.  

BOARD FINDINGS:  In the matter of the epilepsy 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.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20170226, 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

XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX:

Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2017-01946.

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,

	

								XXXXXXXXXXXXXXXXXX
								Director
								Air Force Review Boards Agency

Attachment:
Record of Proceedings