IMR, rebut or accept this 3947?

questionstoask

PEB Forum Regular Member
Registered Member
My 3947 lists 5 conditions that do not meet retention standards: bipolar, PTSD, ankle, lower back intervertebral disc syndrome, and left lower extremity radiculopathy. Looking at the P&C exams, my estimation is that they'll combine PTSD/bipolar at 50%, 40% for the lower back, 20% for the radiculopathy, and 20% for the ankle. They marked all of these as being incurred while entitled to basic pay, and I have lines of duty that tie the back conditions and PTSD to combat.

But they listed a neck condition (forward flexion 20%, total ROM 85%) as a P2 profile and not unacceptable, which the VA should rate at 20%. Seems to me those measurements are low enough to where they would be unacceptable, but I don't have whatever book they use to determine what is and is not acceptable.

1) Does anyone know the specific rulebook they follow with explicit retention measures to tell me if my neck is truly acceptable or not? I have the DoD 6130.03, but it is pretty vague.

2) Can anything bad happen with a rebuttal? I understand it is basically an appeal but I don't really understand the implications of filing it. My legal representation has encouraged me to file a rebuttal but not do the IMR since they say it never actually changes anything.
 
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