Got my NARSUM, have a question

russtans

PEB Forum Veteran
Registered Member
#1
Hello all,

Going through a MEB with the Army. Got my Narsum the other day, and spoke with Jag today.

I have a total of 15 conditions:

but the main one is DDD/multi level degenerative arthritis, L1 compression fracture. = Found unfit

I have Radiculopathy listed for both legs, however they are listed as medically acceptable.

I plan to appeal stating that the radiculopathy should also be unfitting.

I had an EMG in my right leg that showed "mild" symptoms on right side of back and down right leg (foot).
I have one scheduled for my left leg on Wednesday.

My JAG said I should provide statements from myself and my chain explaining how the radiculopathy affects the performance of my duties.

My question (finally) Anyone have any experience on the do's and dont's for a statement like this? Does the statement need to be in an MFR format? Any other steps anyone can think of to help me make the case?

Lastly, My CDR's letter did not mention the issue, he would only put the condition that I was being referred for and I am worried that it is hurting this claim. I'm a recruiter and he is 4 hours away, we never spend time together so I do not think asking him for a statement is an option.

Thanks for your help,

SFC T
 

mmwildwilly

PEB Forum Veteran
Registered Member
#2
I have similar claim to yours, I have bilateral sciatica listed, I talk to soldier counsel tomorrow. As I have been going through my narsum and exams is that for most conditions to be unfitting there had to be a functional impact. Sorry I am not much help. I would say a properly formatted mfr cant hurt.
 

MrPhotographer06

PEB Forum Veteran
Registered Member
#10
I was rated for the same. Narsum didnt have it as unfitting; But my legal guy said when my 199 comes back this week, there's a high chance they'll count it as secondary conditions to the back injury, making the DoD higher. Being a 4 year e4 the DoD doesn't matter to me since my back was over 30%.

My Radiculopathy was given 10% rating for each leg. IF your back exam showed that you will get 40% for back alone, I wouldn't worry with appealing and spending more time in the MEB. If you are going to be in the 20% range, then it may be in your favor to attempt to appeal. But I don't think there will be enough evidence to make that a major condition if its severity is in the 10% area.
 

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dotlak

PEB Forum Veteran
Registered Member
#11
I was rated for the same. Narsum didnt have it as unfitting; But my legal guy said when my 199 comes back this week, there's a high chance they'll count it as secondary conditions to the back injury, making the DoD higher. Being a 4 year e4 the DoD doesn't matter to me since my back was over 30%.

My Radiculopathy was given 10% rating for each leg. IF your back exam showed that you will get 40% for back alone, I wouldn't worry with appealing and spending more time in the MEB. If you are going to be in the 20% range, then it may be in your favor to attempt to appeal. But I don't think there will be enough evidence to make that a major condition if its severity is in the 10% area.
What was your range of motion for your back if you don't mind sharing because my flexion range of motion for my back is 0-40 and I have radiculopathy for both of my legs.
 

MrPhotographer06

PEB Forum Veteran
Registered Member
#12
What was your range of motion for your back if you don't mind sharing because my flexion range of motion for my back is 0-40 and I have radiculopathy for both of my legs.
0-30. I did ALOT of reading here, VASRD, militarydisablitymadeeasy.com etc and learned that 30 was the cutoff for 40%.

40deg puts you in the 20% range for back.
 
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