| VA* – ~7 Mos. Post-Separation | |||||||
| Code | Rating | Condition | Code | Rating | Exam | ||
| Seizure Disorder | 8914 | 10% | Seizure Disorder | 8911 | 40% | 20060203 | |
| Other x 0 | |||||||
| RATING: 40% |
| VASRD CODE | RATING | ||
| Seizure Disorder | 8914 | 40% | |
| 40% |
SAMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(AHRC-DO), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXXXXX, AR20150014900 (PD201402653)
1. Under the authority of Title 10, United States Code, section 1554(a), I approve the enclosed recommendation of the Department of Defense Physical Disability Board of Review (DoD PDBR) pertaining to the individual named in the subject line above to recharacterize the individual’s separation as a permanent disability retirement with the combined disability rating of 40% effective the date of the individual’s original medical separation for disability with severance pay.
2. I direct that all the Department of the Army records of the individual concerned be corrected accordingly no later than 120 days from the date of this memorandum:
a. Providing a correction to the individual’s separation document showing that the individual was separated by reason of permanent disability retirement effective the date of the original medical separation for disability with severance pay.
b. Providing orders showing that the individual was retired with permanent disability effective the date of the original medical separation for disability with severance pay.
c. Adjusting pay and allowances accordingly. Pay and allowance adjustment will account for recoupment of severance pay, and payment of permanent retired pay at 40% effective the date of the original medical separation for disability with severance pay.
d. Affording the individual the opportunity to elect Survivor Benefit Plan (SBP) and medical TRICARE retiree options.
3. I request that a copy of the corrections and any related correspondence be provided to the individual concerned, counsel (if any), any Members of Congress who have shown interest, and to the Army Review Boards Agency with a copy of this memorandum without enclosures.
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXXXXXXXXXXXXX
Deputy Assistant Secretary of the Army
(Review Boards)
AF | PDBR | CY2012 | PD2012-00140
The MEB forwarded epilepsy with breakthrough seizures on therapeutic levels of medications as medically unacceptable IAW AR 40-501. In the matter of the seizure disorder condition, the Board unanimously recommends a disability rating of 20%, coded 8910 IAW VASRD §4.124. I direct that all the Department of the Army records of the individual concerned be corrected accordingly no later than 120 days from the date of this memorandum.
AF | PDBR | CY2011 | PD2011-00942
The original Physical Evaluation Board (PEB) adjudicated the seizure disorder, partial complex with generalization condition as unfitting with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD), Department, but determined it to be non-compensable based on noncompliance by the CI. Following additional clarification from neurology, a Reconsideration PEB determined the seizure disorder was unfitting, noted the break-through seizures associated with missed medications...
AF | PDBR | CY2013 | PD-2013-02593
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. At the neurology evaluation for the MEB examination dated 2 August 2004, the examiner noted that the video EEG recorded no epileptic activity during her episodes and she was subsequently diagnosed with psuedoseizures. The CI reported that she has had one seizure since...
AF | PDBR | CY2013 | PD-2013-02627
SEPARATION DATE: 20050902 The rating for the unfitting seizure disorder condition is addressed below. After due deliberation, considering all of the evidence and defaulting to VASRD §4.3, the Board recommends a 20% rating for the seizure disorder; proposing code 8910 (epilepsy, grand mal) for its clinical compatibility.The Category III demyelinating disorder was, more likely than not, the cause of the seizure disorder; but, in itself was manifested only by the seizures as rated above.
AF | PDBR | CY2013 | PD-2013-02427
The MEB forwarded “nocturnal epilepsy”to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-501.No other conditions were submitted by the MEB.The PEBadjudicated “nocturnal seizures requiring anti-convulsant medication” as unfitting, rated 10%with likely application of the VA Schedule for Rating Disabilities (VASRD).The CI made no appeals and was medically separated. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines...
AF | PDBR | CY2013 | PD-2013-01909
The seizure condition, characterized as “PCS (partial complex seizures) with secondary generalization,” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501 with no other conditions submitted by the MEB.ThePEB adjudicated “partial complex seizure disorder with secondary generalization,” rated 40%,citing criteria of the VA Schedule for Rating Disabilities (VASRD) and placed the CI on the Temporary Disability Retired List (TDRL) effective on 13 December 1998 to allow the...
AF | PDBR | CY2013 | PD 2013 00136
The MEB narrative summary on 18November 2004 summarized the forgoing information indicating continued seizure despite treatment with Topamax.Review of treatment records do not document prescriptions for anti-seizure medication following return home from the medical center evaluation in August 2004 although clinic notes list Topamax as a medication on 9 August 2004, 26 October 2004 and 3November 2004. Follow-up treatment record entries on 25 February 2005 and 1 April 2005 (neurology)...
AF | PDBR | CY2012 | PD2012-00026
One single condition (complex partial seizures) was forwarded to the Physical Evaluation Board (PEB) as medically unacceptable. The CI accepted the PEB findings, and was medically separated with a 20% disability rating. As noted above, he was medically separated with a disability rating of 20%.
AF | PDBR | CY2012 | PD2012 01335
He was issued a permanent P3 profile and referred for a Medical Evaluation Board (MEB).The epilepsy condition, characterized as partial onset epilepsy with secondary generalization was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501 as medically unacceptable.No other conditions were submitted by the MEB.The PEBadjudicated partial onset epilepsy with secondary generalization as unfitting and rated 20% with application of theVeterans Affairs Schedule for Rating Disabilities...
AF | PDBR | CY2010 | PD2010-00712
The medical record documents three major seizures in the first year of diagnosis, in November 2002, March 2003, and July 2003. VA treatment report on 20 November 2008, also stated last the major seizure was March 2008. The FPEB noted that the CI had another seizure in March 2008.