In need of advice

Backstory: Was referred to MEB after I Broke my wrist and completed OT. Chief concern is the lack of rotation of the wrist and non-union of ulnar styloid. Conducted C&P exams, and when I did, because the condition is written as wrist they did not test rotation, since that is covered under the forearm. I got my 199 back on 7 June and they rated me at 10% for my wrist(90% va including my other conditions).

In my research I Believe I have a case for as much as 50% from the forearm. 20% for pronation, 10% for supronation and 20% for nun-union of ulna lower.

I am waiting for legal to contact me back (email and phone) and am calling multiple times a day to get the ball rolling on my appeal. While I wait I have also set up an appointment with my PCM incase they need additional documentation.

My questions are:
1. will I need to do an additional C&P exam?
2. will the three items (2 codes in 38CFR, 5213 and 5211) be rated as one or multiple ratings (army side as this is my disqualifying condition)
3. should I explore outside legal representation?
 
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dracon said:
Backstory: Was referred to MEB after I Broke my wrist and completed OT. Chief concern is the lack of rotation of the wrist and non-union of ulnar styloid. Conducted C&P exams, and when I did, because the condition is written as wrist they did not test rotation, since that is covered under the forearm. I got my 199 back on 7 June and they rated me at 10% for my wrist(90% va including my other conditions).

In my research I Believe I have a case for as much as 50% from the forearm. 20% for pronation, 10% for supronation and 20% for nun-union of ulna lower.

I am waiting for legal to contact me back (email and phone) and am calling multiple times a day to get the ball rolling on my appeal. While I wait I have also set up an appointment with my PCM incase they need additional documentation.

My questions are:
1. will I need to do an additional C&P exam?
2. will the three items (2 codes in 38CFR, 5213 and 5211) be rated as one or multiple ratings (army side as this is my disqualifying condition)
3. should I explore outside legal representation?
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1. If the forearm was not examined, an examination would be required in order for the forearm to be rated.

2. IDK

3. Is there an issue with current counsel?
 
You’ll want to try and get another CP exam.
 
chaplaincharlie said:
1. If the forearm was not examined, an examination would be required in order for the forearm to be rated.

2. IDK

3. Is there an issue with current counsel?
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Chappie

thanks for your response. as to #3 there isn't an issue thus far. The SMEBC finally reached out to me at 1800 yesterday. I will be speaking with them today at 1300 and will see how it goes. I have just seen other cases where it was recommended to seek outside counsel and wanted to make sure I've got my ducks in a row. When I spoke with legal at a previous stage I was told that you can only do one appeal/rebuttal and as such it would be best to wait until the end(this was before i found this forum). Knowing what i do now from y'all I am a little leery of the lawyers here on post.
 
Just got off the phone with my Army appointed lawyer:

few things he is telling me strike me as odd. He says that they don't pyramid so in my case i would get the higher of three possible ratings if i can show documentation of it. the three ratings i can see be applicable are all on the forearm section of 38CFR

the following is the applicable verbiage directly from the Reg.
1. code "5211 Ulna, impairment of:....Nonunion in lower half 20%"
2. code "5213 Supination and pronation, impairment of:....Limitation of pronation: Motion lost beyond middle of arc 30%
3. code "5213 Supination and pronation, impairment of:...Limitation of supination:To 30° or less 10%

what is the policy on this can i get all three with documentation or just the highest?

Also he is saying I can't do another C&P exam despite being tested on a mis-catagorized (my words) injury

this is the same lawyer who said you can only appeal once and to save it for this stage, now he is telling me that I didn't bring up the lack of correct testing(I DID!) and was more interested in me trying to make other claimed conditions unfitting.

Do I need to start looking for outside representation or stick with this and try to get my doc to just provide documentation of the one above rating of 30%?

I received my 199 on 7June and have 6 days from then to sign. lawyer is recommending requesting FPEB to stall for time.
 
First, if you can prove the other two conditions are secondary to the first, I think you can get the combined rating, not the highest.
30% + (20% of 70%) + (10% of 56)
30%+ 14% + 6% = 40%

If you don't have confidence in your attorney, you might want to consult with outside counsel. A consultation might help you decide to stick with your attorney or move on.
 
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