RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201257 SEPARATION DATE: 20030315 

BOARD DATE: 20130426 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SPC/E-4 (91W, Medic), medically separated for 
epilepsy. Despite medication, the CI could not be adequately rehabilitated to meet the physical 
requirements of his Military Occupational Specialty or physical fitness standards. He was 
consequently issued a permanent P3 profile and referred for a Medical Evaluation Board (MEB). 
The epilepsy condition, characterized as “seizures disorder (epilepsy)”, was forwarded to the 
Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501. No other conditions 
were submitted by the MEB. The PEB adjudicated the epilepsy condition as unfitting and rated 
10%. Medication non-compliance was noted by the PEB in the disability description. The CI 
made no appeals and was medically separated with that 10% service disability rating. 

 

 

CI CONTENTION: The application states “Condition limits the work that I am able to perform 
and conditions that I am able to work in.” [sic]. He does not elaborate further or specify a 
request for Board consideration of any additional conditions. 

 

 

SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in 
Department of Defense Instruction (DoDI) 6040.44 (Enclosure 3, paragraph 5.e.2) is limited to 
those conditions which were determined by the PEB to be specifically unfitting for continued 
military service or, when requested by the CI, those condition(s) “identified but not determined 
to be unfitting by the PEB”. The rating for the unfitting epilepsy is addressed below. Any 
conditions or contention not requested in this application or otherwise outside the Board’s 
defined scope of review remain eligible for future consideration by the Board for the Correction 
of Military Records. 

 

The Board acknowledges the sentiment expressed in the CI’s application regarding the 
significant impact that his service-incurred condition has had on his current earning ability and 
quality of life. It is a fact, however, that the DES has neither the role nor the authority to 
compensate service members for anticipated future severity or potential complications of 
conditions resulting in medical separation. This role and authority is granted by Congress to the 
Veterans’ Administration. 

 

 

RATING COMPARISON: 

 

Service PEB – Dated 20030115 

VA (~2 Mo. Post-Separation) – Effective 20030316 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Epilepsy 

8911 

10% 

Seizure Disorder 

8911 

10% 

20030515 

No Additional MEB/PEB Entries 

Other X 1 

20030515 

Combined: 10% 

Combined: 10% 



Derived from VA Rating Decision, dated 20030613 (most proximate to the date of separation) 


 

 

ANALYSIS SUMMARY: 

 

Epilepsy Condition. In 2000, CI began experiencing episodes of staring, loss of awareness, and 
momentary jerking of his arms or legs. These episodes were reported to occur every 3-4 days, 
2-3 times per days, and last about 1-3 seconds. A 2001 neurologic evaluation demonstrated a 
normal magnetic resonance imaging study and an abnormal electroencephalogram (EEG) 
consistent with primary generalized epilepsy. The CI was placed on anticonvulsive therapy, 
Depakote. A repeat EEG in 2002 was documented as normal with use of anticonvulsive 
medication. The narrative summary (NARSUM) three months prior to separation, noted that 
the CI was medically controlled with Depakote until September 2002 when he experienced a 
breakthrough seizure. A Depakote level of 14 at the time of his September 2002 seizure 
“indicated some element of noncompliance.” At the time of the NARSUM, the CI reported 
compliance with his medication and his neurologic examination was normal. At the 
VA Compensation and Pension (C&P) examination two months post –separation the CI reported 
that his seizures were well-controlled with his last seizure in October 2002. The examiner 
noted that per the history provided, the CI never had a generalized or major seizure. The C&P 
examination demonstrated no significant physical findings. 

 

The Board directs attention to its rating recommendation based on the above evidence. Both 
the PEB and the VA conferred a 10% disability rating for the epilepsy condition, coded 8911. 
The VASRD defines a major seizure as a generalized tonic clonic seizure with loss of 
consciousness. A minor seizure is defined as a “brief interruption in consciousness or conscious 
control associated with staring or rhythmic blinking of the eyes or nodding of the head (pure. 
petit mal), or sudden jerking movements of the arms, trunk, or head (myoclonic type) or 
sudden loss of postural control (akinetic type).” Because the criteria of one major seizure in the 
last 2 years or two minor seizures in the past six months were not met, there was no route to a 
higher disability rating of 20%. After due deliberation, considering all of the evidence and 
mindful of VASRD §4.3 (reasonable doubt), the Board concluded that there was insufficient 
cause to recommend a change in the PEB adjudication of the epilepsy condition. The Board 
concluded therefore that this condition could not be recommended for additional Service 
disability rating. 

 

 

BOARD FINDINGS: IAW DoDI 6040.44, provisions of DoD or Military Department regulations or 
guidelines relied upon by the PEB will not be considered by the Board to the extent they were 
inconsistent with the VASRD in effect at the time of the adjudication. The Board did not 
surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD 
were exercised. In the matter of the epilepsy condition and IAW VASRD §4.124a, the Board 
unanimously recommends no change in the PEB adjudication. There were no other conditions 
within the Board’s scope of review for consideration. 

 

 

RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of 
the CI’s disability and separation determination, as follows: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Epilepsy 

8911 

10% 

COMBINED 

10% 




 

 

 

 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120711, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans Affairs Treatment Record 

 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxx, DAF 

 Director of Operations 

 Physical Disability Board of Review 

 


 

 

SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

(TAPD-ZB / xxxxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for 
xxxxxxxxxxxxxxxxxxxxxxxxxxxx, AR20130011077 (PD201201257) 

 

 

I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD 
PDBR) recommendation and record of proceedings pertaining to the subject individual. Under 
the authority of Title 10, United States Code, section 1554a, I accept the Board’s 
recommendation and hereby deny the individual’s application. 

This decision is final. The individual concerned, counsel (if any), and any Members of Congress 
who have shown interest in this application have been notified of this decision by mail. 

 

 BY ORDER OF THE SECRETARY OF THE ARMY: 

 

 

 

 

Encl xxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)