Ablev93,
Welcome to the PEBFORUM! I am sorry to hear of your problems (both health and career-wise). This has to be a stressful situation. I will share with you my thoughts (based solely on what you shared and my educated guesses about them), though, I don't think they will be that comforting. You have a difficult situation.
So I have a weird situation. Long story short I had a TBI/Skull Fracture about a year and a half ago. No issues. Was prescribed Wellbutrin for smoking cessation. That along with the scarring on my brain intensely lowered my seizure threshold (Wellbutrin is notorious for this) and I had one major seizure back in September. Stopped taking the medicine and have been fine since.
So, if I am tracking you have had one total seizure, period. Please correct me if I am wrong on this. What I wonder about is the TBI/skull fracture. I wonder if there are any symptoms related to this injury. (As an aside, I wonder if the injury was potentially combat-related; this could make a big difference in your pay depending on the outcome).
An off base neurologist put me on Keppra “long-term” to make it to where I wouldn’t have another seizure. The seizure triggered this process back in October and I have went through the whole process thinking I would get RTD. I don’t have epilepsy and never have.
I am curious if it was the one seizure, the medication, or both combined that triggered the MEB and PEB. That question is somewhat academic as you have been sent to the PEB. (Also, not sure that you are right about "not having epilepsy"- or the import of that, because that is the way they are most likely to rate you on based on your described history. In this instance, the diagnosis may not be medically accurate, but the code for epilepsy is the most likely they will use to rate you, so the semantics may not matter much.
My commander and PCM both recommended return to duty which is what I ultimately want. I want to stay in and retire.
You might want to take a deep breath and hear what I am saying, though you may not want the likely outcome or what I will write here. I share my insight to try to help you, but your circumstances might not match up with your desires.
You did not share your years of service, your grade, or your AFSC. All of these are likely to matter in your ultimate outcome.
I remind everyone of one of my first posts when I created this forum. The gist of it was that the very first (or early) decision to make is what outcome you want to fight for based on the facts and circumstances of your case. This is a critical step, and if you decide poorly, you may end up with a poor outcome. I had a case years ago where a CMSgt with 19 years of service with severe migraines was intent on getting a return to duty. Every statement she made, every interaction with the board was with the goal of getting a fit finding. She argued strongly that while she had migraines, a profile restricting her from worldwide duty, needed medication to control the condition, that she was not very limited. Sure enough, she got a 20% rating from the FPEB, and then she came to me for advice. It was so disappointing and difficult because she had a clear and strong case for a full disability retirement based on an objective view of her case, minus her arguments and statements that she was not that disabled.
TBI, seizure, and long term medication that you described in your case seem to all indicate the high likelihood of an unfit finding. This is shown by your actual results from the IPEB. I think fighting for an unfit finding is going to be a very unlikely result from your case. So, you are left with the decision to try to keep on going on the path of a return to duty finding (with the likely outcome being the 20% finding you have), or change course.
About last week after the Informal board they rated me 20% LUMP SUM SEVERANCE PAY AND MEDICAL DISCHARGE. WTF. Not only is that 10% away from qualifying for “medical retirement benefits” but I don’t want to give up on the Air Force. I’m happy and want to continue this career.
I understand your desire to finish 20 years of service. I also suggest that your desires are not matching with the apparent and likely outcome and this mismatch may hurt you in the long run. I am sympathetic to your situation; also, I think you are setting yourself up for failure.
I chose to opt out of IDES in the beginning because I was sure that I would be returned to duty and didn’t need a VA rating at this point. My lawyer in this appeal process basically said I shot myself in the foot with that.
This is not directly to chide you for choosing LDES. This is more for everyone who reads this even if it does also apply to you. It is a very rare and unusual situation where optiing out of the IDES and choosing the LDES makes sense. I tend to agree with the fact that you may have hurt your chances of success by opting to use the LDES process- though, if you are "all in" on a return to duty, this should not really matter. The problem is that you are highly unlikely to get a return to duty finding.
As it stands, you may well be locked into the LDES (though, if I were to get creative, I might explore withdrawing your election for LDES....this is a complicated issue and I don't know you would have success with changing your election at this late step in the administrative process; that said, the regulations clearly state that IDES is the default and there are regulations that suggest that your processing with the LDES is not proper).
I’m now in the appeal process working with the lawyers at the Office of Disability Counsel to get a result that I can hopefully return to duty. I’m not really sure what I’m asking here lol, I’m just stressed, tired and anxious to have to fight to keep my job and continue to serve when I hear people at my shop begging and using this process to GTFO and get an even higher rating. I would just appreciate some advice or words of encouragement through this rough time. I’m just tired..
Based on what you have shared your likely outcome is an unfit finding. So, you can fight that fight, but, I think you are highly likely to lose and you will get a poor outcome based on your current approach to your case.
I cannot offer you words of encouragement for your desired outcome. I will offer my best wishes that all goes well for you. However, I would also suggest that you go back and consider your situation and see if you can't get a better outcome by dealing with your likely outcome based on your situation. What you want might not be in the offing, but, if you don't do an accurate assessment of your situation, you are likely to get the worst outcome based on your situation. Please think through your situation and consider your options. You can still change course and maximize your likely due benefits or compensation.
I hope my comments help you. Best of luck in your case!