Help! Question about ROM/Flare ups

queenbeee27

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Registered Member
Hello! I've been lurking here for a couple weeks and found a lot of great info that has really helped me understand the VA process. I have a question regarding how ratings are handled for ROM and flareups, or if anyone has personal experience with that specific issue.

Background: My husband is currently active duty Army and undergoing MEB. He has a multitude of issues to include: PTSD, sleep apnea, and back problems (L5-S1).

The JAG guessed he would for sure get 20% DoD/90% VA, maybe more depending how they rate the back. The DoD is rating for his back condition.

He has to sign his NARSUM, but it is filled with a lot of inaccuracies that I feel should be corrected. For one, it says his back condition is pre-existing. Even though he has 10 years time in service, this is a false statement that I feel should be fixed. They quoted that back in 2010 he told his PCM that he played sports in highschool??? It also states he has knee pain from two prior knee surgeries, but stated he ran a marathon not long ago. This statement is true but not accurate he did not exactly "run a marathon". He participated because it was something he always wanted to do and was the last person to finish. It was the way it was worded almost to discredit his claim of aggravated knee pain. It also mentioned his PTSD is not service connected and he has few behavioral health appointments, but he was deployed in Afghanistan then sent to a mental hospital for 2 months. His psych report mentions this and his experience with hazing. A chaplain who has known my husband since afghanistan said he would write a letter if he needed it. He has also seen mental health off and on for the past 10 years.

On his first 2 C&P exams, they documented his ROM forward flexion for his back to be 0-10. But the VA made him take another exam at a different clinic due to "no longer being in contract" with the first clinic. However, they kept the psych exam documents and the JAG said that was weird.

After his anterior/posterior spinal fusion, he has not been able to do his job. It details this on his C&P. The ROM was recorded at 50, but it mentions he was not in a flare up, but when he is in a flare up, his condition is so severe he can't do normal tasks like putting on his shoes, etc. The doctor also put that his condition is not going to improve in the next 3 years, or ever.

So my specific question is whether those facts about the flare ups would increase the spine rating past 20%? My husband says he doesn't care about the medical retirement because I'm still active duty. I'm not trying to come across that I feel he is entitled but I know his condition and how much the Army is responsible, and I just want for him what is right.
 

chaplaincharlie

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If a member is over 8 years of AD service (10 years for your husband) preexisting is irrelevant. You can request IMR of the NARSUM via the PEBLO.

Hopefully you husband reported to the C&P doc that he has flare ups, it is on the DBQ. ROM is frequently a contentious issue. If his ROM ratings come back unfitting and low, your husband can request a VARR.

We are here to help members get what they deserve. We too want the right thing for members. I don;t think we need to apologize for seeking proper compensation.
 

queenbeee27

New Member
Registered Member
If a member is over 8 years of AD service (10 years for your husband) preexisting is irrelevant. You can request IMR of the NARSUM via the PEBLO.

Hopefully you husband reported to the C&P doc that he has flare ups, it is on the DBQ. ROM is frequently a contentious issue. If his ROM ratings come back unfitting and low, your husband can request a VARR.

We are here to help members get what they deserve. We too want the right thing for members. I don;t think we need to apologize for seeking proper compensation.


What is the DBQ? It does mention flareups but nothing specific pertaining to his ROM during flareups, other than it is severe and not expected to improve.
 

chaplaincharlie

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PEB Forum Veteran
Lifetime Supporter
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Disability Benefits Questionnaire

You can see all the VAs DBQs here:

 
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