Assistance needed: rated at C&P and at surprise MEB for ROM Thoracicolumbar

Discussion in 'Spine and Back' started by kapp_badbloodz, Feb 17, 2017.

  1. kapp_badbloodz

    kapp_badbloodz PEB Forum Veteran Registered Member

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    Hello,

    I got a surprise MEB and chose LDES because I had already done my C&P exam. I had an ill-performed ROM test performed by the VA doc. She was less than stellar and made snippy comments about how I was "claiming so many things" and that "the regional is overly generous in her opinion"... anyways... this was for my C&P because I applied for BDD as I thought I was just separating. 3 weeks later I get hit for a MEB. Chose LDES. I had to have a ROM performed by the Physical Therapy doctor on base for my unfitting condition.

    I do not know what my ROM was for the VA C&P exam but I do know what they were on base. They may be similar but I am certain they wont be identical:

    on base I got 30 degrees of forward flexion and 10 degrees rearward. 25 degrees both ways for twisting and 28 degrees for bending side to side.

    Just going off of this measurement and the VASRD I would qualify for 40% "30 degrees or less flexion"



    Is there any way to review my C&P results for the ROM test? What do I do if there is a difference? Can I petition the VA to adopt the DOD's findings since the doctor is an actual physical therapy doctor and that when two tests show a varying degree of difference you can have the one that was performed by the most qualified person be the primary test (run on sentence I apologize)...

    I am just trying to dot my "I"s and cross my "t"s so I can be prepared for the fuckery heading my way.

    Thank you.
     
  2. gsfowler

    gsfowler Staff Member PEB Forum Veteran

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    You can review your results for the C&P exam, the DoD must use the ratings from the VA.
     
  3. Chaps_Z

    Chaps_Z PEB Forum Veteran Registered Member

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    I agree with @gsfowler. Your C&P exams are used to establish the rating, then the DoD must use that rating.
     
  4. kapp_badbloodz

    kapp_badbloodz PEB Forum Veteran Registered Member

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    But I am not going through IDES. I am going through LDES which I have specifically been told that the DOD will not use or adopt anything from the VA and I am being rated only for unfitting conditions.


    So I'm curious on what will happen. Where can I view my C&P results?
     
  5. gsfowler

    gsfowler Staff Member PEB Forum Veteran

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    You can get them from the VA, or look on eBenefits (blue button).

    Even though you are only being rated for unfitting conditions through the LDES, the ratings are still established through your C&P exam and the standards of the VASRD. The LDES is asking for a summary rating of your unfitting conditions.
     
  6. kapp_badbloodz

    kapp_badbloodz PEB Forum Veteran Registered Member

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    I don't want to seem like I'm arguing with you but would like to add some more info.

    The VA performed the C&P and initial ROM test for a claim only. When I was referred to the PEB they requested another ROM test. This occurred after my C&P. If they already had ROM why request another one. This leads me to believe they needed current data to get a qualified result against the VASRD for a rating.

    This is me spitballin here but I don't understand why they needed another one.
     
  7. chaplaincharlie

    chaplaincharlie PEB Forum Veteran Registered Member

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    A provider might do a pre/post ROM to evaluated treatment effectiveness vice compensation.
     
  8. kapp_badbloodz

    kapp_badbloodz PEB Forum Veteran Registered Member

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    I never considered that. Good point. So the question would be if they got an updated ROM after reviewing the one performed at the C&P; they would use whichever was performed by the more qualified person OR the measurement that would give the higher rating? I am confused because over some of the language on the disability made easy pages.

    Hopefully there wont be any discrepancies and I can move on from this... but I am also trying to prepare for any appeals I might need to pursue due to this situation. But going off the measurements that were recently taken it should be what falls within the criteria of 30 degrees flexion or less and not above 30 but less than 60 degrees.
     
  9. chaplaincharlie

    chaplaincharlie PEB Forum Veteran Registered Member

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    The VA will use its own assessment to determine compensation. If your provider's assessment or ROM is grossly different from the VA assessment of ROM then I would file a VARR when the ratings come back. This would be your opportunity to have other evidence considered. The VA may accept your clinicians assessment or they my re-evaluate your ROM.

    Unfortunately, ROM is like a snapshot. On a good day a patient may have greater ROM than on a bad day. Even more unfortunate is the number of examiners than "wing" the ROM assessment.
     

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