Updated NMA for formal board

R

rt2015

PEB Forum Regular Member
Registered Member
Good evening,

My formal board is coming next week and I was told by my lawyer that i need an updated NMA. I was put on the board for rhabdomyolysis and syncope. When I did my Va claim, my back and hip plus anxiety/depression(adjustment disorder) were on the list of the many conditions that i claimed. I appealed the findings 0 %dod and 50% VA. I requested a formal to look at all five conditions separately. My command refused to list the other conditions on my NMA. Chronic hip and back since 2013 DDD L5 S1, left leg sciatica, scoliosis, tilted pelvic. After the board had started (started in January 2014) i demanded an xray for my back and that's when i found out about the DDD. Last week I had an MRI with contrast for my hip( first hip mri done in april 2013), turned out i have a ligament that is complete tear. Medical had refused to get another MRI ( up until the PT out in town called my PCM and explained to them i may have a tear) and they kept telling that my hip was fine and mri was "unremarkable". All these new finding are behind the cause of my chronic hi/ back pain. Now my knee buckle and my knee joints are constantly in pain.
As far as the NMA goes, can they refuse to add those conditions to it? and also can i ask for a va reconsideration after these new findings?
My lawyer just contacted me and i submitted to her new evidence of those conditions.
 
Thanks for the feedback i will be calling her tomorrow and will relay that information to her.
 
rt2015 said:
My command refused to list the other conditions on my NMA.
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There is nothing to "force" a commander to write anything in the NMA. (Sure, it is possible to exercise all of the normal options when dealing with a commander- open door policy/Mast/IG complaint, Congressional, etc. But, there is nothing to make the commander have an opinion that a condition is impacting your duty performance). The "remedy" with a poorly written/inaccurate NMA is to present evidence to convince the PEB that your condition is unfitting (and/or pursue later appeals).
rt2015 said:
As far as the NMA goes, can they refuse to add those conditions to it?
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Yes.

rt2015 said:
and also can i ask for a va reconsideration after these new findings?
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While in IDES, you have a single opportunity to submit the "One time VA Rating Reconsideration." So, if you have not submitted a VARR before, you can. If you have, then you cannot. Still, if the PEB finds additional conditions unfitting, then you should be able to VARR on that condition.

Hope all goes well for you. Best of luck!
 
I have heard of people having success using sources besides the commander for a NMA. A squad leader, platoon sergeant, 1SG are examples that come readily to mind of people quite well suited to describe what work limitations they have observed. Sometimes these people can really help provide the information needed to know why a condition wasn't profiled. The PEB is going to be confused why you are saying the knee, the back, the depression are serious problem but the doctors didn't act on them as being serious by profiling them. Normal explanations tend to be around things like, well, he was profiled for condition x, so we knew the docs were working on things, and we just stopped asking him to do a, b and c instead of sending him for endless profile updates.

When it comes to a VA rating, the examples can get even further afield. Lay evidence can be quite useful to establish the extent and seriousness of symptoms. Spouses, neighbors, all sorts of people can be reliable witnesses to help establish that you meet a rating criteria. There is no requirement that the doctor be the only one who observes your difficulties. For many conditions that would be nearly impossible. The MRI actually doesn't really help much to say how severe it is, it's more for knowing what to call it and what treatments might work. Things like an MRI and the doctor's analysis are important for establishing the diagnosis, but that doesn't sound like your problem.
 
scoutCC said:
I have heard of people having success using sources besides the commander for a NMA. A squad leader, platoon sergeant, 1SG are examples that come readily to mind of people quite well suited to describe what work limitations they have observed. Sometimes these people can really help provide the information needed to know why a condition wasn't profiled. The PEB is going to be confused why you are saying the knee, the back, the depression are serious problem but the doctors didn't act on them as being serious by profiling them. Normal explanations tend to be around things like, well, he was profiled for condition x, so we knew the docs were working on things, and we just stopped asking him to do a, b and c instead of sending him for endless profile updates.

When it comes to a VA rating, the examples can get even further afield. Lay evidence can be quite useful to establish the extent and seriousness of symptoms. Spouses, neighbors, all sorts of people can be reliable witnesses to help establish that you meet a rating criteria. There is no requirement that the doctor be the only one who observes your difficulties. For many conditions that would be nearly impossible. The MRI actually doesn't really help much to say how severe it is, it's more for knowing what to call it and what treatments might work. Things like an MRI and the doctor's analysis are important for establishing the diagnosis, but that doesn't sound like your problem.
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They ended up doing the NMA and my LT also wrote a supervisor statement, i meet with my lawyer tomorrow. I need hip surgery but won't be able to get that until after i get out. Thank you for your input
 
Jason Perry said:
There is nothing to "force" a commander to write anything in the NMA. (Sure, it is possible to exercise all of the normal options when dealing with a commander- open door policy/Mast/IG complaint, Congressional, etc. But, there is nothing to make the commander have an opinion that a condition is impacting your duty performance). The "remedy" with a poorly written/inaccurate NMA is to present evidence to convince the PEB that your condition is unfitting (and/or pursue later appeals).

Yes.


While in IDES, you have a single opportunity to submit the "One time VA Rating Reconsideration." So, if you have not submitted a VARR before, you can. If you have, then you cannot. Still, if the PEB finds additional conditions unfitting, then you should be able to VARR on that condition.

Hope all goes well for you. Best of luck!
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Hello Jason,
I am really considering hiring you for this case. The jag contacted me today and told me that the recon she submitted was denied. Since I was already rated by the va for hip back and adjustment disorder, we requested that the formal board find them unfit as well. She is telling that i should take the findings and just get out (unfit for rhabdo and syncope). She told me that they might find me fit even though i have all these other conditions that are causing me pain on a daily basis. I just don understand So i meet with her tomorrow to discuss if i should take it and get out. My formal board hearing is thursday. My question is can i appeal to add these conditions after i get out the military.(the hip is chronic dating back to 2013, the back had caused me severe sciatica and all i was taking was motrin)all the new medical findings are recent because i demanded xrays and another set of mri (after threatening to request mast). what should i do. by the way my command did the nma las minute and my lt aslo wrote a statement.
 
rt2015 said:
They ended up doing the NMA and my LT also wrote a supervisor statement, i meet with my lawyer tomorrow. I need hip surgery but won't be able to get that until after i get out. Thank you for your input
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Becareful with that NMA. I am currently in the same boat as you and the advise given by the PEBLOs and the Lawyers are to ensure your Command only talk crab about you as if we're worthless as that is the only way that can come back as UNFITTING. The moment an honest statements goes in your nma with elaborate on how your conditions affects your work by embracing all that you did to the best of your ability will come back as FIT for duty forcing you back on full duty regardless of all your problems and your doctors or professionals works to help you. Yes, I understand it sounds ridiculous as if I am out there hunting for the highest rating possible just to go with it like I am even a doctor to know all this b.s but that's the reality of our Semper-screwing our own at the end. I rebutted mine and yes, I make sure my NMA sounds exactly the way they want it because that's the only way they can help you so the moment they UNFIT me for duty I rebutted. Now I am start to getting all types of Don't do this or we recommend you don't do that because you will get screwed as if everything haven't already appears to be screwing me from the get go. When I rebutted, I was told I have to provide supporting statements to my appeal and the moment I brought all my supporting statements from my doctors, now I am told I cannot use them because it can only hurt my appeal and not to mention any relationship las it was initially the main reason for my appeal.
 
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