Complex Partial/Absent Seizures

C

casey3117

PEB Forum Regular Member
Registered Member
Hello,
I have seen a few people post on here about having the same/similar seizure disorder and getting a rating back of 20% and being separated. I was wondering if anyone has this and was retained/found fit for duty? My CC letter recommends retention based on the fact that I just made E-6 in a critically manned career field and my PCM recommends retention stating I am medicated and seizure free for 7 months now, which is all in my package that was sent to the PEB last week. My PEBLO seems to think I may be retained, but I don't really take what he says into much account considering my package has already been to 6 dr's/two boards and they still haven't found me fit for duty. And the first time I met with my PEBLO he all put told me to pack my bags, but now he seems to think other wise. So like I said, I don't really value his opinion too much. The seizures are pretty minimal and you wouldn't even know I was having one if I didn't say anything. It just looks like I am spacing out for a minute or two then I get extremely tired. The only things I can see that are working against me are the fact that they are stress induced and anytime I have one I lose my license until I am 90 days seizure free per state law (this only has happened once so far). I was just wondering if anyone had been retained with this diagnosis. Thanks!
 
Usually, seizures are a clear indicator of an unfit finding. However, I had a client who was found fit/returned to duty after having had a history of seizures. It is not easy to get that finding. But, depending on the facts and circumstances of the case, it is possible.

The only caveat/issue I point out is that in arguing for a return to duty, you almost necessarily need to argue that your condition is "not that bad;) It may be that your condition is not that bad; however, you might end up hurting your case depending on what the facts show.
 
I already feel like there are some things about my whole case that are working to my advantage for my fit/return to duty, but may hurt may case should they decide to find me unfit. There is a lot of information missing that doesn't really capture the 'big picture' about what really happens when I have these seizure episodes in my opinion, but I didn't say anything because I want to be found fit for duty and thought if things started getting described in more detail that it might make it sound worse and hurt my chances. I figure that worse case scenario, I can possibly appeal the ratings, etc. later should they find me unfit and point out the things that nobody bothered to note in my file even though I said them over and over.

The other thing is, while I was at the VA getting my C&P exams, that Dr. made a comment stating that it sounds to him like I am not even having actual seizures at all, that to him is sounds like pseudo seizures, which are a psychogenic/mental health thing, not a neurological thing. This all started in 2011 in Georgia and at that time I was having several of them a week for a few months. I had 3 different types of EEG's which all came back normal. I was never put on any medication or officially diagnosed with anything, everything was just speculation at that point. The seizures slowly tapered off after about 6 months. Over the next year I only had a handful, then for almost 2 years I had none. Last Nov-Jan I started having 2-3 a month so I went to the Dr (different dr/different state) in March, even though they had stopped again by that point. They put me on meds in April and did another EEG a few weeks later. This one came back abnormal. Come to find out after some research, the medication they had me on at the time can cause abnormal EEG readings. (I was taking Trileptal then but switched to Topamax because of the side effects I was having). So now I am wondering if I should/could bring that up as well? I also read about another person on here who got MEB'd for pseudo seizures too though, so I wonder if it's even worth trying to see if I was misdiagnosed or if it would even change anything at this point.

Morale of the story is I probably never should have opened my mouth again in March and I wouldn't be here right now, haha!
 
So my IPEB results came back yesterday. I was found unfit, separate with severance 10% DOD/50% VA. I plan on appealing and going the route of misdiagnosis as stated above. I have an appointment with my PCM Thursday to try and get a referral to a new neurologist for another EEG in hopes that this one will come back normal. Other than some more recommendation letters, I really have nothing else to go on besides pleading my case in person and convincing the formal board I am a asset to maintain in the Air Force. The basis for their decision was the 'unpredictable exacerbations and remissions' of my condition and how it could possibly limit my ability to deploy. My only argument for this is the fact that I deployed in 2013 without a problem and I am now on medication. Although I understand that the 'unpredictable exacerbations and remissions' of my condition make it hard to tell if the medication is working, it also makes it impossible to say that it isn't. My only hope is that if I get a new EEG it actually comes back normal so I can fight the misdiagnosis fight. I don't know what else to do or how else to proceed from here, but I am going to try.
 
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