RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXX	CASE:  PD-2017-06087
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20090427

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Aerospace Control And Warning Systems Journeyman, medically separated for “generalized convulsive disorder” with a disability rating of 20%. 

CI CONTENTION:  The condition continues to worsen and negatively affects daily activities.  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 - 20070703	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Generalized Convulsive Disorder	8910	20%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:  

Generalized Convulsive Disorder.  According to the service treatment record and MEB narrative summary (NARSUM), the CI was diagnosed with juvenile myoclonic epilepsy in 2007.  He was prescribed Depakote, but didn’t take it and had a generalized tonic/clonic seizure on 25 April 2008 which required hospitalization.  The CI’s discharge diagnosis was generalized convulsive disorder.  The 16 May 2008 MEB NARSUM examination, 11 months prior to separation, simply summarized the CI’s timeline of seizure activity and treatments.  His neurologic physical examination was completely normal as were his laboratory and radiological tests.  The 6 October 2008 family practice clinic visit indicated the CI had “not had any further seizures” since the 25 April 2008 event.   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 generalized convulsive disorder 20%, coded 8910 (epilepsy, grand mal).  After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel agreed that the PEB’s chosen VASRD code of 8910 appropriately represented the CI’s diagnosed condition and that having “at least 1 major seizure in the last 2 years” prior to separation met the 20% rating criteria.  The next higher 40% rating was not met in either seizure frequency or time reference to separation.  Therefore, the panel concluded there was insufficient cause to recommend a change in the PEB’s adjudication for the generalized convulsive disorder.  

BOARD FINDINGS:  In the matter of the generalized convulsive 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.  

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

Dear XXXXXXXXXX:

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2017-06087.

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.