Currently awaiting PEB findings and VA rating. I'm curious what people's experience with adding referred/unfitting conditions. My referred condition is occipital neuralgia/migraines. In my PIS I explained that I experience severe neck pain, vision issues (tunnel vision, flashes, photosensitivity, etc.), and balance issues (stumbling, dizziness, etc.) that my PCM sent me to the hospital for after my referral date. How likely is the IPEB to add any or all of those "symptoms" as separate referred/unfitting conditions based on my PIS and the NARSUM including a discussion on vision issues and balance issues? Anyon have experience with this kind of thing? Thank you in advance.
Adding referred/unfitting conditions
- Thread starter Drewsh99
- Start date
What contentions did you claim when you met with MSC (VA Rep) to start your VA claim?
My claim was for mental health and I received an additional diagnosis that also fell under the MH spectrum and was told they would be rated as one. It was determined that it wouldn’t make a difference because my rating was already projected to be high and service related.
Honestly, it was a lot. He was pretty insistent on adding anything that has ever hurt. For the conditions that actually have legs based on a diagnosis and what the DBQs said: migraines (referred condition), depression/anxiety, sleep apnea, RBD, GERD, IBS, knee pain, tinnitus, neck pain, hypertension, sinus issues, PFB, hemorrhoids, ED, and surgical scars. As for the vision issues and balance issues the DBQs were not indicative of a rating. The eye doctor diagnosed "ophthalmologic migraine" and the other examiner straight up rejected vertigo due to no diagnosis. My MEB lawyer says I might have a case for adding those based on the NARSUM saying "servicemember was admitted to hospital for unusual balance and vision issues. Suspect migraine with aura but haven't followed up with neurology."
There s new case law that might help as well.
@Drewsh99 As a former IPEB and FPEB JAG (currently an IDES-focused private attorney), I can tell you that the IPEB generally considers what's presented to them in the MEB Report. Anything that is not a referred condition is usually not considered, as that would create a very dangerous precedent for the IPEB. Adding conditions, therefore, is usually done at the FPEB phase. How you'd package those conditions (this is what @chaplaincharlie is referring to) and go about showing those conditions were either separately or collectively unfitting is what you'd discuss with your PEB attorney, be they government or private. There are ways to get the conditions considered sooner rather than later, but these methods different between government and private counsel, as government counsel are assigned days before your FPEB hearing, whereas you can retain private counsel when you see fit.
Exactly