On my way to Formal PEB, need some advice please.

commsguy

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#1
Hey everyone!

I have been a long time reader and appreciate all the inputs this forum provides. It has helped tremendously!

Here is my current scenario:

MEB Unfitting Conditions:
Diagnosis 1: M54.9 Dorsalgia
Diagnosis 2: M54.5 Lower Back Pain
Diagnosis 3: M54.30 Sciatica

Informal PEB Unfitting Conditions:
1. Lower Back Pain (Stable)
1.1 Sciatica - related Category 2 Diagnosis
1.2 Dorsalgia - related Category 2 Diagnosis

DoD rated at 20% with severance.

I am going to formal board requesting that they split the conditions out as the VA rated them which would be 20% for the back and 10% Sciatica/Radiculopathy in order to get my 30% TDRL.

My lawyer has said that the PEB has cherry picked my conditions as they routinely do. I wanted to get some advice from the members here while I await my formal PEB date.

Thanks in advance!
 

chaplaincharlie

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#2
I agree with your attorney. Hope your counsel is able to present your case effectively at the FPEB and get you to 30%.

I noticed the same cherry picking when I went through the IPEB. In my case it was irrelevant due to the outcome of the one condition they found unfitting.

Wishing you all the best at FPEB.

Mike
 

commsguy

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#3
Thanks Mike!

Have you heard of people having success seeing unfitting conditions split on the FPEB?
 

gsfowler

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#4
Yes, I have seen it when there are musculoskeletal conditions and neurological conditions as you have stated.

Besides the C&P evaluation, do you have any other medical evidence (such as an EMG) showing the level of nerve impediment?
 

commsguy

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#5
I have done an EMG test in the past and have it documented.

I am also getting a new range of motion test for my forward flexion.

Depending on the ROM should I file a VARR after my FPEB?

Thanks for all the inputs folks! It is greatly appreciated!
 

Jason Perry

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#6
Depending on the ROM should I file a VARR after my FPEB?
That would be the way to address any ratings. If you get an additional condition found unfitting by the PEB, they would add in the current rating assigned for that condition. The VARR would be to address any increases in ratings that you are seeking for unfitting conditions.

Best of luck!