MEB Referral with wrong diagnosis

[petdio88]

Hi,

So my MEB was initiated with the wrong diagnosis. My POC says don't worry about it, everything will be corrected during my appointments.

I am in a recruiting position so I am not near an Army installation. The nearest base is an hour away.

The doctor wrote that my neurologist diagnosed me with epilepsy when she actually diagnosed me with Post-Traumatic Seizures, Traumatic Brain Injury, Headaches, Nausea, and possible sleep paralysis. According the AR 40-50 Post Traumatic Seizures are not epilepsy.

The closest base is not really helpful and the doctor tried to imply that my TBI symptoms are associated with depression. She misspelled sergeant on my profile and made an inaccurate diagnosis. She made it obvious that she doesn't care about my well being. Will this assist me / hinder the MEB process?

Thanks,

 

[gsfowler]

What do you want? A MEB or do you want to stay in? If you want a MEB, you will need the diagnosis of epilepsy, if you want to stay in, then you will want to stick with seizures.

Seizures themselves are not necessarily considered unfitting if they are controlled by medication.

As far as a clerical error of misspelling sergeant, that is a non-issue as far as I am concerned and you are reaching. I would not draw a parallel to that as an obvious sign that the Dr. does not care about your well being.

FWIW AR 40-50-1 is the Medical Services Heat Injury Prevention Program, so even the best of us can make errors.

 

[petdio88]

What do you want? A MEB or do you want to stay in? If you want a MEB, you will need the diagnosis of epilepsy, if you want to stay in, then you will want to stick with seizures.

Seizures themselves are not necessarily considered unfitting if they are controlled by medication.

As far as a clerical error of misspelling sergeant, that is a non-issue as far as I am concerned and you are reaching. I would not draw a parallel to that as an obvious sign that the Dr. does not care about your well being.

FWIW AR 40-50-1 is the Medical Services Heat Injury Prevention Program, so even the best of us can make errors.

Okay. Thanks. I wasnt sure if I should be worried about the wrong diagnosis or not. I wouldnt mind the chance to fight the findings and stay in. AR 40-501 states that post traumatic seizures occuring 30 minutes after the head trauma are unfitting. It does not say that they are fitting even if controlled on medication. Epilepsy is unfitting unless controlled by mediciation. Thanks for the answer.

 

[gsfowler]

Okay. Thanks. I wasnt sure if I should be worried about the wrong diagnosis or not. I wouldnt mind the chance to fight the findings and stay in. AR 40-501 states that post traumatic seizures occuring 30 minutes after the head trauma are unfitting. It does not say that they are fitting even if controlled on medication. Epilepsy is unfitting unless controlled by mediciation. Thanks for the answer.

The language about post-traumatic seizures occurring 30 minutes after head trauma is listed in chapter 2-28 (f) (a). Chapter 2 is the standards for enlistment, appointment and induction.

Since you are already in the Army, you would need to look at Chapter 3 which are the standards for retention. Chapter 3-30 has language regarding neurological disorders and seizures.

Now here is where things may get tricky, you stated that the off-post physician stated that your neurologist diagnosed you with TBI, Post Traumatic Seizures, etc. How did you get the TBI? Was it an auto accident, blast injury, blunt force trauma? Also, when did it occur. The reason I am asking you is that TBI is a tricky disease and sometimes it can take months, even years for the symptoms to occur and misdiagnosis can happen.

i. Seizure disorders and epilepsy.

Seizures by themselves are not disqualifying unless they are manifestations of epilepsy. However, they may be considered along with other disabilities in judging fitness. In general, epilepsy is disqualifying unless the Soldier can be maintained free of clinical seizures of all types by nontoxic doses of medications. The following guidance applies when determining whether a Soldier will be referred to an MEB.

(1) All active duty Soldiers with suspected epilepsy must be evaluated by a neurologist who will determine whether epilepsy exists and whether the Soldier should be given a trial of therapy on active duty or referred directly to an MEB for referral to a PEB. In making the determination, the neurologist may consider the underlying cause, EEG findings, type of seizure, duration of epilepsy, Family history, Soldier’s likelihood of compliance with therapeutic program, absence of substance abuse, or any other clinical factor influencing the probability of control or the Soldier’s ability to perform duty during the trial of treatment.

(2) If a trial of duty on treatment is elected by the neurologist, the Soldier will be given a temporary P–3 profile with as few restrictions as possible.

(3) Once the Soldier has been seizure free for 1 year, the profile may be reduced to a P–2 profile with restrictions specifying no assignment to an area where medical treatment is not available.

(4) If seizures recur beyond 6 months after the initiation of treatment, the Soldier will be referred to an MEB.

(5) Should seizures recur during a later attempt to withdraw medications or during transient illness, referral to a PEB is at the discretion of the physician or MEB.

(6) If the Soldier has remained seizure free for 36 months, they may be removed from profile restrictions.

(7) Recurrent pseudoseizures are most commonly seen in the presence of epilepsy. As such, they do not meet the standard under the same rules as epilepsy. While each case may be individualized, their evaluation by a neurologist should be routinely sufficient. j. Any other neurologic conditions, Traumatic Brain Injury (TBI) or other etiology, when after adequate treatment there remains residual symptoms and impairments such as persistent severe headaches, uncontrolled seizures, weakness, paralysis, or atrophy of important muscle groups, deformity, uncoordination, tremor, pain, or sensory disturbance, alteration of consciousness, speech, personality, or mental function of such a degree as to significantly interfere with performance of duty.

Please understand that this is not an end all, because they will evaluate you as a whole, and the sum of your injuries may lead to not being retained by the Army.

In my opinion, because there is the potentiality for being found unfit, you should work with a Physiatrist (TBI Doctor) to treat each and every single one of your TBI related symptoms.

 

[petdio88]

The language about post-traumatic seizures occurring 30 minutes after head trauma is listed in chapter 2-28 (f) (a). Chapter 2 is the standards for enlistment, appointment and induction.

Since you are already in the Army, you would need to look at Chapter 3 which are the standards for retention. Chapter 3-30 has language regarding neurological disorders and seizures.

Now here is where things may get tricky, you stated that the off-post physician stated that your neurologist diagnosed you with TBI, Post Traumatic Seizures, etc. How did you get the TBI? Was it an auto accident, blast injury, blunt force trauma? Also, when did it occur. The reason I am asking you is that TBI is a tricky disease and sometimes it can take months, even years for the symptoms to occur and misdiagnosis can happen.



Please understand that this is not an end all, because they will evaluate you as a whole, and the sum of your injuries may lead to not being retained by the Army.

In my opinion, because there is the potentiality for being found unfit, you should work with a Physiatrist (TBI Doctor) to treat each and every single one of your TBI related symptoms.

I have an appointment for that tomorrow. I wouldn't mind having my TBI symptoms under control before I ETS. I also wouldn't mind having things under control so I can fight to stay in even if I have to change my MOS. Thanks for the info and support.

The TBI may have been related to several things, but the ultimate blow that I think caused the severe issues was a vehicle accident. Fortunately the accident occurred while we were prospecting. The Auto Body shop said that they are surprised I didn't die in the wreck due to the damages on my side of the car. I fell from 2 stories in Iraq and I have fallen from fast-roping. I started having headaches daily after the accident. I never used to have headaches until the accident. The accident happened in July. The seizure happened in October so it was extremely delayed. The Headaches and anger issues were immediately following the accident. The seizure caused a more severe brain injury with more symptoms. Hopefully they go away soon.

 

[gsfowler]

I am not sure how receptive your recruiting commander will be, but if I were you I would let him know that these symptoms all started after your MVA and I would request to be transferred to a WTU in order to receive care for TBI as soon as possible.

TBI is a very difficult injury to treat through Tricare out on the economy and really needs a nurse case manager advocate to drive the treatment to ensure that you are getting the correct appointments and that they are happening in a timely manner.

A WTU may also buy you a little time to rehabilitate if your goal is to return to duty.

 

[petdio88]

I am not sure how receptive your recruiting commander will be, but if I were you I would let him know that these symptoms all started after your MVA and I would request to be transferred to a WTU in order to receive care for TBI as soon as possible.

TBI is a very difficult injury to treat through Tricare out on the economy and really needs a nurse case manager advocate to drive the treatment to ensure that you are getting the correct appointments and that they are happening in a timely manner.

A WTU may also buy you a little time to rehabilitate if your goal is to return to duty.

I just spoke with the Brigade Psyc and she said that it is difficult to get the process rolling, but she thinks she could get me to Walter Reed. I will knock out my initial and follow-up mental health appointments for TBI / PTSD Screening and go from there. I have been reading the forums and understand that I may not be contacted by the PEBLO for a while.

Can they discharge me if everything has not been treated? I am still waiting on my civilian PMC to initiate my referral to rheumatology.

 

[gsfowler]

Yes, they can discharge/retire you without treatment...

it appears to me that the recruiting command is trying to push out out as soon as possible so they can get another body in your place.

The process to get into the WTU is not overly difficult. In my opinion, because of you desire to stay in, a WTU would be the best place to get treatment for your injuries. The main focus of a WTU is return to duty, secondary is sending soldiers to a MEB.

It has only been just six months since the MVA and the recruiting command is trying to med board you. Do not trust them, they are sneaky bastards that have zero intentions of taking care of their soldiers.

 

[petdio88]

Yes, they can discharge/retire you without treatment...

it appears to me that the recruiting command is trying to push out out as soon as possible so they can get another body in your place.

The process to get into the WTU is not overly difficult. In my opinion, because of you desire to stay in, a WTU would be the best place to get treatment for your injuries. The main focus of a WTU is return to duty, secondary is sending soldiers to a MEB.

It has only been just six months since the MVA and the recruiting command is trying to med board you. Do not trust them, they are sneaky bastards that have zero intentions of taking care of their soldiers.

I understand. Hopefully my socom care advocate comes in handy. I will see if i can get to walter reed. If not its all good. I will roll with the punches and move out. I think when the time comes for peb i will shoot for the formal board if I disagree and call for witness within the military. I have all of my medical treatment documents from civilian treatment since back in 2010. Plus i am recieving a digital copy of all of my military records from 2006 till now. Im prepared to battle the system and use the media if they try to screw me.

 

[petdio88]

I just wanted to point out to everyone that my medical records from the civilian doctors were all loaded into my files as PDF's. So that was covered. Also, with TBI anyone and everyone should go to Mental Health about it. Today I spoke to a doctor that specialized in TBI. She explained all of my symptoms and the injury itself to me much better than my neurologist. We did some memory games and some other exercises to evaluate my memory and teach me how to rehabilitate my brain. I strongly urge anybody with TBI to seek help. I know it is only once, but its nice to have somebody to talk to that explains things in details.

THE BIG ONE THAT WE FEAR:

I know a lot of people fear the military saying that TBI symptoms are related to anxiety, PTSD, etc. Those are the horror stories. My experience today was nothing like that. Give it a shot comrades.