CUI//SP-PRVCY

RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXX	CASE: PD-2020-00197
BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20070629

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E3, Maintenance Technician, medically separated from the Temporary Disability Retired List (TDRL) for “seizure disorder” with a disability rating of 20%.

CI CONTENTION: “Please review the following: final disability rating award by service for unfitting condition: 20% Seizure Disorder...” The CI requested review of additional conditions not identified by the Medical Evaluation Board (MEB) and/or Physical Evaluation Board (PEB). 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 PEB to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the 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 - 20070507	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Seizure Disorder	8910	20%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING: 20%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

Seizure Disorder. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s seizure disorder began in June 2002 after he experienced a generalized tonic/clonic seizure. The CI was separated and placed on the TDRL on 11 April 2003.

On 30 June 2006, a registered nurse’s assessment note from a VA visit documented that the CI “had a seizure last week.”

During the 14 May 2007 TDRL evaluation, 6 weeks prior to separation, the CI reported no seizures in the past 2 years and that he had discontinued his anti-epileptic medications (under the supervision of his primary care physician) in 2005. Since then, he noticed improvement in headaches, irritability, dizziness, and shakiness, and that he had not experienced “recurrent

Controlled by: SAF/MRB
CUI Categories: SP-MIL/SP-PRVCY Limited Dissemination Control: N/A POC: SAF.MRB.Workflow@us.af.mil

CUI//SP-PRVCY

spells (either visual blackout OR convulsive).” He also stated that he had not seen a neurologist since June 2004. The examiner noted that “per provided medical documentation, patient had his last seizure in Jun 2006.” The neurological examination was unremarkable. 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 20%. Although the CI stated during the TDRL examination that he had not had a seizure in more than 2 years, medical documentation indicated he had a seizure in June 2006, a year prior to permanent separation. Therefore, panel members agreed a 20% rating and no higher was justified for at least one major seizure in the last 2 years. Panel members considered the next higher rating of 40%, but noted there was no evidence of at least one major seizure in the last 6 months, 2 seizures in the last year, or an average of at least 5-8 minor seizures weekly. 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.

The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20190227, w/atchs Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Record

4/11/2

CUI//SP-PRVCY
PD-2020-00197

THE ASSISTANT SECRETARY OF THE NAVY
(MANPOWER AND RESERVE AFFAIRS) 1000 NAVY PENTAGON
WASHINGTON, D. C. 203S0-1000

6040
Memo 00/01

MEMORANDUM FOR COMMANDER, NAVY PERSONNEL COMMAND
Subj:	 PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS Ref:	(a) DODI 6040.44
(b)	PDBR ltr dtd 9 Jun 21 ICO 
(c)	PDBR ltr dtd 11 Apr 22 ICO
1.	Pursuant to references (b) and (c), the recommendation of the Physical Disability Board of Review set forth in references (b) and (c) are approved. The official record of the following individuals are to be corrected as follows:
a.	XXXXXXXXXXXXXXX former USN: No Change.

2.	Please take action to implement these decisions and provide notification to the above individuals once those actions are complete.