My IPEB decision was unfit for duty, it's just my rating that's lowballed, if I appeal to the FPEB, wouldn't I be trying to disagree with the unfit for duty decision from the IPEB? thank you
C&P Exam has my ROM wrong!
- Thread starter Bertian
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My IPEB decision was unfit for duty, it's just my rating that's lowballed, if I appeal to the FPEB, wouldn't I be trying to disagree with the unfit for duty decision from the IPEB? thank you
I suggest doing a VARR and appealing to the FPEB due to incorrect ROM. The ROM and word picture are what give you the overall percentage rating. The third option is to refile with the VA to get the upgrade once you get out then try to correct your records, and that's a lengthy process.
I asked this in another forum but you guys are more current here. Can you request a VARR for specific things or do they look at your whole file? I am 100% VA but wanted to do a VARR to stretch the process out longer. I could add in some BS, well it's not really BS but like the C&P doctor forcefully moved my foot for my ankle ROM and I was going to see if I could get my plantar faciitis rated too since it's pretty severe. And possible ask for caregiver assistance, not sure on the requirments for that but I have to get my wife to help me with a lot of things and most things around the house I can't do so that maybe an option too?
you only request for a VARR if it has to do with the condition that makes you unfit. However, you can request a FPEB if you would like to add a 2nd or 3rd UNFITTING condition that wasn't considered unfitting.
Okay, reality check- outside range of motion exams from chiropractors and physical therapists will be accepted by the VA D-RAS provided that they indicate that the assessment was performed using a goniometer, three rounds of testing of all planes of motion fo the affected joint or spinal segment or provided, an average calculated and listed and the drafter specifically mentions that he or she reviewed and followed the guidelines provided online by the VA, copies of which should be enclosures to the examination cover letter- no DBQ required. Note- prior to two years ago, a VARR with only one update range of motion would be sufficient to obtain a rating increase. Nowadays, two or more are expected You should expect to pay 250-300 dollars per evaluation nationwide, but it will be some of the best money that you have ever spent. As for the initial post, such a variance in flexion typically means that the VA provider did not isolate hip flexion when assessing that plane of motion.
In addition, the PEBLO and MEB counsel are mistaken in one respect. You can and should identify discrepancies int he VA C&P exam in a rebuttal to your medical board and attach the updated range of motion data. why? Because the D-DRAS personnel in Providence and at SeaTac have been disregarding their own DBqs when a provider notes in his or her MEB reconciliation that the VA C&P exam contains inaccuracies. Your PEBLOs will fight you tooth and nail on this issue and suggest that you put it in a personal statement. Reality check- no one at the D-RAS cares about personal statements. They do, however, care if a military provider points out discrepancies in their C&P exams that fall below the 38 CFR 4.70 standard. All your provider has to do is to note your concerns and state that he or she has no objection to them being incorporated by reference into your board narrative. Good luck!
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Just a note on this...back in 2006 when I was Chief, Soldier's Counsel at Ft Sam Houston (recall this was with the Legacy System), the PEB would claim that all back conditions range of motions needed to be mechanically limited. That meant that if the examiner could push you further, that was the range of motion that was used for rating purposes. They would look for a mechanical rod or screws in the back until they would grant anything more than 10%. I constantly pushed back on this and cited the VA case of DeLuca v. Brown (the seminal case that says that you have to account for pain, weakness on use, fatigue, lack of coordination, etc., in rating joint pain). Took until the 2008 NDAA when Congress made the apply the VA case law on the VASRD until they would acknowledge this rule.
These days, that pushing on you to get a further ROM is not going to fly.
Hi- I know this was a couple years ago, but I am in the same situation as you and I am seeking advice. My DBQ filled out by the VA examiner was completely incorrect and I rebutted and I am filing a VARR. I need an updated DBQ and an updated ROM exam to submit as part of my appeal. I want to ask my orthopedic surgeon to do it because my PCM turned me down saying "I cannot do a VA exam for you, you must go through the VA to do any exams since you are in the medboard process" How did you ask your ortho doctor to do that for you? Did you just go to your appointment with a blank DBQ in hand and tell him/her to fill it out?
This is exactly what my PCM told me yesterday when I requested an additional ROM exam for my VARR. What did you end up doing if you don't mind me asking?
I am facing this situation - My VA examiner didn't check one of my unfitting conditions at all. Furthermore, she did not use a goniometer for any of my conditions but stated she did so on the DBQs. I knew this to be the requirement but was taken off guard by her not having the DBQs in hand during the exam. I notified my PEBLO of this after I left her office and was told not to worry. ?? I had 23 conditions claimed and was in and out of her office in less than 40 minutes wondering was that just an informal before the formal exams. I received my NARSUM and it had me walking on water! The ROM on my lower back resulted in a change to a permanent profile I'd had for 5 years. This condition was removed from my unfitting conditions.
I asked my PCM if he could do my DBQs for unfitting conditions and initially he was hesitant since this was for the military. After I explained what the exam submitted by VA contractor stated and how it resulted in my lower back coming off unfitting he agreed to do the DBQs. He was well aware of my issues having treated me for the last 10 years. Along with my appeal letter I submitted the new DBQs and doctor's notes from PCM which should have been in my case file but wasn't. The appeal was still unsuccessful with them stating it was denied due to a lack of any new clinical evidence. My PEB findings came back unfitting at 10% service connected for a condition that the VA denied service connection. I am currently waiting on an appeal from the FPEB.
I am praying the FPEB goes in my favor. I'll try to keep this post updated.
I asked my PCM if he could do my DBQs for unfitting conditions and initially he was hesitant since this was for the military. After I explained what the exam submitted by VA contractor stated and how it resulted in my lower back coming off unfitting he agreed to do the DBQs. He was well aware of my issues having treated me for the last 10 years. Along with my appeal letter I submitted the new DBQs and doctor's notes from PCM which should have been in my case file but wasn't. The appeal was still unsuccessful with them stating it was denied due to a lack of any new clinical evidence. My PEB findings came back unfitting at 10% service connected for a condition that the VA denied service connection. I am currently waiting on an appeal from the FPEB.
I am praying the FPEB goes in my favor. I'll try to keep this post updated.
Question: In the MEB, just had my MH CP and my SHA along with a few claimed conditions. The CP examiner for MH ok seemed to want to protect my current 70. The physical exam was weird guy just kinda of checked the boxes and helped me out with some answers to fill the DBQ. Any thoughts if that’s good or bad?
Also, where can I get copies of the DBQs this is for an Army Reserve MEB.
Shit bro…my examiner was weird too. Felt good leaving the office but now not so sure. Where did you get the DBQs?