Discovering new unfitting conditions

SSGHooah

PEB Forum Veteran
Registered Member
#1
Hello all,

I just found out today when my QTC exams are taking place. Will be next week.

Now, my referred condition is my left shoulder. Had a couple surgeries that left me unable to even lift it up or be useful at all. After surfing around the forums and reading what others have been referred for, and reading AR 40-501 multiple times, I have noticed that I have at least 3 other conditions that warrant a MEB. These conditions i did claim with my MSC.

Is it possible to come out of the QTC exams with other conditions that aren't what i was referred for but still count toward the overall DOD %? I downloaded my medical history from Tricare Online and saw every diagnosis and now have proof in hand that I have been diagnosed with these conditions.

The conditions I'm referring to are:

Lumbar Degenerative Disk Disorder - (Spinal Stenosis was also in my medical history but I didn't know it until after I made my claim.)
Flat Feet
Plantar Fasciitis
 

Camp P Marine

PEB Forum Veteran
Registered Member
#2
I added some contentions to the DOD by means of a FPEB hearing. It was not an easy process, but it was well worth the time and effort.

I too had a more serious back issue than I was previously aware of and this was added as unfitting.

I hope you claimed the above issues on your VA Form 21-526EZ.
 

SSGHooah

PEB Forum Veteran
Registered Member
#3
I added some contentions to the DOD by means of a FPEB hearing. It was not an easy process, but it was well worth the time and effort.

I too had a more serious back issue than I was previously aware of and this was added as unfitting.

I hope you claimed the above issues on your VA Form 21-526EZ.

Oh wow. What do you mean contentions? We’re the things that were added as unfitting for you the reason you were referred to a MEB?

That’s what I’m trying to figure out. If I was diagnosed with these conditions then A. Why was I not told about it and B. Why was I not referred to a MEB sooner?

The reason I was finally referred to the MEB was because my shoulder literally got to the point where it barely does anything.

I did claim the other conditions on my VA claim sheet.

When My ratings come back will those be rated under the DOD side as being unfitting? Or will I have to end up appealing?

I hope I’m asking this right and that it makes sense. But to me, and from what I gather from the regulation is that if I have those certain conditions then Thise warrant an MEB, and those conditions should be rated under the DOD side right?
 

Camp P Marine

PEB Forum Veteran
Registered Member
#5
Chaps is right! "Contact the MSC ASAP." I tried this step, but my MSC chose not to help me, unfortunately.

A. Why was I not told about it? Military doctors.....

B. Why was I not referred to a MEB sooner? Up to the Drs to start it, usually after 2 failed LIMDU periods.

I've notice the DOD won't proactively seek non-referred conditions to become unfitting. You have to advocate for yourself in this process if something is not right.

We’re the things that were added as unfitting for you the reason you were referred to a MEB? Yes, Same condition on the other leg. No, for the back.

When My ratings come back will those be rated under the DOD side as being unfitting? I would expect not. Talking to the MSC would be the best COA.
Or will I have to end up appealing? Probably.
 

SSGHooah

PEB Forum Veteran
Registered Member
#6
Ok wow. Seems like I may have an uphill battle in front of me. Hopefully not as my MSC seems to be pretty respondent and willing to help answer my questions.

I emailed her asking my questions so hopefully she gets back to me tomorrow with some sort of a (positive) answer.

I will update once I know something in case someone else ends up going through this as well.

Thanks all.
 

SSGHooah

PEB Forum Veteran
Registered Member
#7
UPDATE:

I emailed my MSC. She stated that what I am asking is an Army issue and that I need to ask my PEBLO about the COA to take in order to get those conditions considered towards the DOD percentage. I emailed my PEBLO who seems to also be pretty respondent. We will see what she says.
 
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