C&P Exam has my ROM wrong!

Bertian

Registered Member
#1
Hello everyone,

I just received my C&P and NARSUM back and my 1 condition on the DOD side is my DDD. The doc at the QTC place wrote in for the ROM (Range of Motion) that my forward flexion is 80 out of 90. This measurement is not accurate at all. I cant flex more than 15 degrees or so and I did not bend even that far on the exam. I met with my PEBLO and the legal team and was informed that there is nothing we can do to fight this until the end of the process. I do not agree with the findings at all and am wondering if anyone on here has had the same issues and can provide me with some help. And the doc had the Gynomiter thingy to record the ROM.

I am at 16 years active service to our great nation and am now looking at a medical separation rather than a medical retirement. I have 23 other issues they are rating but the one that counts just flopped off the desk. The legal team did an estimate of my VA rating and stated it is at 80%.
 

Bertian

Registered Member
#3
I felt so good about the exam too....I felt as if everything was going smoothly. Until I received the report and it said 80. I was simply floored. but yes I know they could make a good show lol. But they don't want this type of stuff to come out. These medical doctors act as if it is their money they are going to be giving to the Soldiers. I am by no means trying to fluff my injury, I just would like to have the accurate measurements recorded.
 

TheChip

Registered Member
#4
I'm going through the same thing with an MEB.

The VA rater physically lifted my arm. I havnet gotten the rating back yet but I imagine she screwed me out of a retirement.
 

Bertian

Registered Member
#5
I'm going through the same thing with an MEB.

The VA rater physically lifted my arm. I havnet gotten the rating back yet but I imagine she screwed me out of a retirement.
that was one thing my PEBLO told me is that the Doc was in no way able to touch you or assist with the movements. I hope you can fight it. If I was you I would try to make a complaint letter to turn over to the IDES folks stating that she assisted your movements by forcible motion. I made a letter for my concerns and asked for a re-evaluation but I am not holding my breath.
 

3529USMC

Registered Member
#6
Bertian,

I am in the exact same boat as you, only I am at 15 years. I am on my 2nd PEB for my back and nerve damage down my left leg. At this C&P exam I was only about 3.5 months out from my last fusion surgery so I was still wearing my brace. After giving the examiner paperwork from my neurosurgeon stating that I was not to bend forward at all. I removed the brace and moved maybe 5-10 degrees forward. I was notified by my attorney that my C&P exam stated that I had 70-80 degrees of ROM. My attorney had me do a rebuttal to that. The rebuttal is conducted by another military doctor that has nothing to do with your case. This doesn't change your initial percentage that will be given to you by the VA. However, once you receive your findings from the IPEB it is the needed evidence to have a VA reconsideration for that specific claim. That will be conducted while you wait for your FPEB and hopefully get you to where you need to be for medical retirement.
 

Bertian

Registered Member
#8
Bertian,

I am in the exact same boat as you, only I am at 15 years. I am on my 2nd PEB for my back and nerve damage down my left leg. At this C&P exam I was only about 3.5 months out from my last fusion surgery so I was still wearing my brace. After giving the examiner paperwork from my neurosurgeon stating that I was not to bend forward at all. I removed the brace and moved maybe 5-10 degrees forward. I was notified by my attorney that my C&P exam stated that I had 70-80 degrees of ROM. My attorney had me do a rebuttal to that. The rebuttal is conducted by another military doctor that has nothing to do with your case. This doesn't change your initial percentage that will be given to you by the VA. However, once you receive your findings from the IPEB it is the needed evidence to have a VA reconsideration for that specific claim. That will be conducted while you wait for your FPEB and hopefully get you to where you need to be for medical retirement.
It is amazing on how many Soldiers have the same revolving issues with this process. I wish you the best of luck on yours. I am just worried about having to wait till the end to fight the messed up ROM.
 

Bertian

Registered Member
#11
I know I am full of questions right now but I think that may be a good thing for me.

Would getting my PA to fill out a DBQ be a good choice or should I seek an outside source? I am assuming the DBQ would need to go with the VARR. Again as always thank you all for any input you may have, I am glad this site exists to help our brothers/sisters out when we need it the most.
 

keimee04

Registered Member
#13
I have a quick question. I received my VA ratings through the IDES/MEB program. I'm not satisfied with my percentage from the Army, and I want to file a VAAR. I initialed the form 5893 I think, that I didn't want to do the VAAR, but after reviewing everything I would definitely like to pursue one. I have new and very pertinent information to submit. I am being told by legal, that now I have to wait until my formal board appearance is over to request it. Wouldn't you want that done prior to going to the formal board appearance? Thanks for your help.
 

beccalee721

Registered Member
#14
I have a quick question. I received my VA ratings through the IDES/MEB program. I'm not satisfied with my percentage from the Army, and I want to file a VAAR. I initialed the form 5893 I think, that I didn't want to do the VAAR, but after reviewing everything I would definitely like to pursue one. I have new and very pertinent information to submit. I am being told by legal, that now I have to wait until my formal board appearance is over to request it. Wouldn't you want that done prior to going to the formal board appearance? Thanks for your help.
They do it that way to see if you get what you want from the formal board anyway basically. The VAAR is with the VA and the formal board is with DoD, so you always do the VA requests after the formal board has been finalized.
 

FloridaInjuredInCombat

PEB Forum Veteran
Registered Member
#15
DBQ was PURE GOLD in my case. Even though I can barely walk at times, and am extremely limited in what activities I can do the SHAMELESS C&P examiner wrote "No Pain, No Limitations, Full Range of Motion". On advice of Jason Perry I had a DBQ done by my treating Orthopedic Surgeon, and my ratings went from 10% to 80%.

I would strongly suggest you download the DBQ for your condition from the VA website, hand the HARD COPY (not electronic) to your own physician to fill out. Then GET THE HARD COPY BACK from your physician, DON'T LET THEM SEND IT DIRECTLY BACK TO THE VA (like the VA wants).

This way you will have ample time to review it for accuracy and take it back to your physician for any items that need to be clarified or corrected BEFORE the VA gets a chance to enter it into their system for record. Also, if you give the DBQ back to the VA before the initial PEB findings, they might just say "it was ALREADY taken into consideration" and try to deny its RE-use in a VARR.

When you get your initial PEB findings (which will be low-balled thanks to the faulty C&P exam), you can and should request a VARR in conjunction with a PEB appeal. I opted for a FORMAL PEB appeal, and as soon as the PEB got the VARR results they offered me a MUCH better outcome without the Formal Hearing. I think if you ask for an INFORMAL PEB appeal, it gives them an opportunity to brush off your concerns and give you a LOWER rating outcome.

Hope this helps...
 
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