Being medically retired for a condition I don’t have.

What’s happening to me is the result of a misdiagnosis that was never corrected inside the system. Despite new medical evidence, despite my ability to perform my duties, and despite the fact that the diagnosis doesn’t match my actual medical history, the process kept moving forward. Once the paperwork machine starts rolling, it’s almost impossible to stop it from the inside.

A Year ago I had a seizure. So far, every assessment has assessed my condition was non-diagnostic for epilepsy, and all my doctors have reported that they believe that I should be returned back to duty as I do not have epilepsy. (EEG(prolonged and standard), MRI,CT SCAN all have found evidence that these seizure was not related to epilepsy) despite all of this, I’m now being retired for epilepsy.

I did find that it was miss-annotated in my medical notes that my seizures were ‘unprovoked’ leading to a misdiagnosis of epilepsy. (Seizures with a defined trigger are ruled asymptomatic and don’t contribute to an epilepsy diagnosis)

I’ve been given a PDIR date. I will be receiving another series of test results just before my date that are likely to showcase more evidence of a misdiagnosis.

I’ve attempted to appeal this MEB/PEB process at every turn everyday since the beginning. I don’t know what more to do.

I’m worried about the future.

From a legal standpoint, is there any chance I could be legally held accountable if I’m medically, separated from the Army for a condition I don’t have?

After getting a PDIR date is there any chance of challenging it?

I just don’t won’t to quit on a fight I still feel I can win. As crazy as that sounds.

 

[Vetmp04]

What’s happening to me is the result of a misdiagnosis that was never corrected inside the system. Despite new medical evidence, despite my ability to perform my duties, and despite the fact that the diagnosis doesn’t match my actual medical history, the process kept moving forward. Once the paperwork machine starts rolling, it’s almost impossible to stop it from the inside.

A Year ago I had a seizure. So far, every assessment has assessed my condition was non-diagnostic for epilepsy, and all my doctors have reported that they believe that I should be returned back to duty as I do not have epilepsy. (EEG(prolonged and standard), MRI,CT SCAN all have found evidence that these seizure was not related to epilepsy) despite all of this, I’m now being retired for epilepsy.

I did find that it was miss-annotated in my medical notes that my seizures were ‘unprovoked’ leading to a misdiagnosis of epilepsy. (Seizures with a defined trigger are ruled asymptomatic and don’t contribute to an epilepsy diagnosis)

I’ve been given a PDIR date. I will be receiving another series of test results just before my date that are likely to showcase more evidence of a misdiagnosis.

I’ve attempted to appeal this MEB/PEB process at every turn everyday since the beginning. I don’t know what more to do.

I’m worried about the future.

From a legal standpoint, is there any chance I could be legally held accountable if I’m medically, separated from the Army for a condition I don’t have?

After getting a PDIR date is there any chance of challenging it?

I just don’t won’t to quit on a fight I still feel I can win. As crazy as that sounds.

So I was in a similar boat a few years back. Same thing, sudden single seizure that eventually got linked back to a torn muscle along my spine that was swelling and pressing against my spine.

Anyway, it took 16 months and dozens of specialist appointments and statements to get the medical folks to back off. Technically by reg, in order for a seizure event to be still fit for service, you must either be medicated, or seizure free for 12 months. note: the latter is at the discretion of the command. If command seems the risk minimal, the board will side in retaining you. If they do, like they did me, you’ll have a permanent 2 profile, non deployable to harsh climates without nearby level 1 medical facilities. So basically? You’re limited to missions like Germany, South Korea etc. Depending on your command and MOS, this could present a problem. Only thing I can recommend is consulting with JAG and/or a personal IDES specialist lawyer.

 

[JoelPettit]

@Airborne4Life
I'm sorry to hear you're going through this. Sadly, this is an extremely common scenario. In many cases, someone reports witnessing a Service member having a seizure, the EMT's take the report as gospel, and the rest tracks your story. That said, you can appeal this. Of course, the likelihood of success will depend on the procedures in the DES and the medical documents.

S/f,

Joel

Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.

 

[Airborne4Life]

So I was in a similar boat a few years back. Same thing, sudden single seizure that eventually got linked back to a torn muscle along my spine that was swelling and pressing against my spine.

Anyway, it took 16 months and dozens of specialist appointments and statements to get the medical folks to back off. Technically by reg, in order for a seizure event to be still fit for service, you must either be medicated, or seizure free for 12 months. note: the latter is at the discretion of the command. If command seems the risk minimal, the board will side in retaining you. If they do, like they did me, you’ll have a permanent 2 profile, non deployable to harsh climates without nearby level 1 medical facilities. So basically? You’re limited to missions like Germany, South Korea etc. Depending on your command and MOS, this could present a problem. Only thing I can recommend is consulting with JAG and/or a personal IDES specialist lawyer.

Test results came back today negative. Currently, with all my other test results, doctors don’t have enough to make an epilepsy diagnosis.

Last week, I did have my formal in person PEB. They concluded that I was unfit for continued service.

Sadly, not sure what my next options are as far as appealing. I’m meeting with my BC hopefully he can help get an my appeal to a higher board with my new info.

 

[Vetmp04]

Test results came back today negative. Currently, with all my other test results, doctors don’t have enough to make an epilepsy diagnosis.

Last week, I did have my formal in person PEB. They concluded that I was unfit for continued service.

Sadly, not sure what my next options are as far as appealing. I’m meeting with my BC hopefully he can help get an my appeal to a higher board with my new info.

I feel you. They submitted me for every test they could, even oxygen deprivation testing, biopod testing, light, noise, even an inverted table and shook me. Same result, but I still had to fight it. Mine I was able to fight before it got referred to the MEB, you're in a tighter spot due to that. I'm actually a bit surprised they referred you so quickly afterwards. Regulations say you have to have the condition for 12 months before being referred to the board unless static. I dont get how if you were still and are still undergoing diagnostic testing, how they can deem it a static condition. You really need a lawyer and fast. Your BC isnt going to be able to do much. You need a lawyer as much as I don't like involving them, this is one area they excell in.

 

[JoelPettit]

I feel you. They submitted me for every test they could, even oxygen deprivation testing, biopod testing, light, noise, even an inverted table and shook me. Same result, but I still had to fight it. Mine I was able to fight before it got referred to the MEB, you're in a tighter spot due to that. I'm actually a bit surprised they referred you so quickly afterwards. Regulations say you have to have the condition for 12 months before being referred to the board unless static. I dont get how if you were still and are still undergoing diagnostic testing, how they can deem it a static condition. You really need a lawyer and fast. Your BC isnt going to be able to do much. You need a lawyer as much as I don't like involving them, this is one area they excell in.

Agreed. There is a higher-level appeal to the Physical Disability Agency (PDA), but it is unlike the blanket FPEB appeal - you cannot simply relitigate the facts of the case. Based on the issues you've shared, the regulatory complexity of your case requires an attorney. At the very least, if you cannot retain a civilian attorney, reach out to the Office of Soldiers' Counsel for a consultation. Getting appeals submitted to the PDA requires a pretty quick turnaround.

Also, here is a link to the OSC information paper; the post-FPEB appeal is discussed on page 4.

I hope this helps.

S/f,

Joel

Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.

 

[Airborne4Life]

I feel you. They submitted me for every test they could, even oxygen deprivation testing, biopod testing, light, noise, even an inverted table and shook me. Same result, but I still had to fight it. Mine I was able to fight before it got referred to the MEB, you're in a tighter spot due to that. I'm actually a bit surprised they referred you so quickly afterwards. Regulations say you have to have the condition for 12 months before being referred to the board unless static. I dont get how if you were still and are still undergoing diagnostic testing, how they can deem it a static condition. You really need a lawyer and fast. Your BC isnt going to be able to do much. You need a lawyer as much as I don't like involving them, this is one area they excell in.

One part I accidentally left out, I went 13 month without an event then had breakout seizure Due to missed meds. It was mis annotated in my medical notes as “unprovoked” Which is started the Medboard. Following all of this, I did seek a help civilian epilepsy clinic and received months of testing (eegs prolonged and standard, sleep studies, genedx , they even attempted to invoke a seizure while attached to an eeg) so far nothing has shown as diagnostic for epilepsy. During my FPEB via webcam, they didn’t really give me much of chance to address the errors in my case. They just wanted know how could I preform my duties with epilepsy.

I have one more doctor visit coming up and I get more definitive answers on what’s going on but as far legal, I try and get a lawyer asap.

 

[Airborne4Life]

Also, I was PCS’d mid way through the MEB process. Which further complicated everything communication on this.

 

[Vetmp04]

One part I accidentally left out, I went 13 month without an event then had breakout seizure Due to missed meds. It was mis annotated in my medical notes as “unprovoked” Which is started the Medboard. Following all of this, I did seek a help civilian epilepsy clinic and received months of testing (eegs prolonged and standard, sleep studies, genedx , they even attempted to invoke a seizure while attached to an eeg) so far nothing has shown as diagnostic for epilepsy. During my FPEB via webcam, they didn’t really give me much of chance to address the errors in my case. They just wanted know how could I preform my duties with epilepsy.

I have one more doctor visit coming up and I get more definitive answers on what’s going on but as far legal, I try and get a lawyer asap.

I'm a bit confused. How did they put you on meds, which apparently kept you seizure free for 13 months until you came off of them, if you didn't have a diagnosis confirming some form of epilepsy? In my case, they wouldn't prescribe any meds until a diagnosis was confirmed.

The problem is, if you read the regulation, again not a lawyer here, you may be SOL. Retention standards specify you must be seizure free for 24 months after coming on meds and 12 months without meds. It is waiveable on a case by case basis. Still talk to a lawyer and fast

 

[Airborne4Life]

I'm a bit confused. How did they put you on meds, which apparently kept you seizure free for 13 months until you came off of them, if you didn't have a diagnosis confirming some form of epilepsy? In my case, they wouldn't prescribe any meds until a diagnosis was confirmed.

The problem is, if you read the regulation, again not a lawyer here, you may be SOL. Retention standards specify you must be seizure free for 24 months after coming on meds and 12 months without meds. It is waiveable on a case by case basis. Still talk to a lawyer and fast

I asked my doctor at the time if I could start the treatment of keppra after the first incident My treatment , until I had of period of missed meds causing a breakthrough seizure. The seizure was miss recorded in my medical records as an “unprovoked seizure” rather than “provoked” starting the MEB.

The regulation states that “only seizures that are a manifestation of epilepsy can initiate a MEB board” (paraphrased) this should’ve not been counted towards an epilepsy diagnosis. It’s also the only thing used as evidence of an epilepsy diagnosis, as all my subsequent tests, studies and exams can’t pinpoint a specific cause, leading my neurologist to believe the diagnosis should be reevaluated.

At this point I’m not sure that I can really do much. I’m about to get my DD214 and start my appointments for getting out. This may have to be something I have to correct once I’m out.