IPEB Came Back, Need Rating Recon

Received IPEB Results today, unfit 10%DOD/100%VA. Working to get a rating reconsideration since the VA Examiner for my unfitting lower back condition falsified my ROM. Has anyone had to go get ROM measurements re-evaluated?

06 Jan 22- Code 37
07 Mar 22- CIS submitted
21 Mar 22- Initiated Full MEB
24 Mar 22- MSC Contacted Me
06 Apr 22- First QTC Exam
07 Apr 22- Second Exam
08 Apr 22- Third Exam
11 Apr 22- Fourth Exam
14 Apr 22- Final Exam
02 May 22- All Exams Loaded into TOL
19 May 22- Received 618
01 Jun 22- IPEB Received Case
15 Jul 22- Received 356 Unfit 10%DOD/100%VA
 
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Lindseyj5 said:
Received IPEB Results today, unfit 10%DOD/100%VA. Working to get a rating reconsideration since the VA Examiner for my unfitting lower back condition falsified my ROM. Has anyone had to go get ROM measurements re-evaluated?

06 Jan 22- Code 37
07 Mar 22- CIS submitted
21 Mar 22- Initiated Full MEB
24 Mar 22- MSC Contacted Me
06 Apr 22- First QTC Exam
07 Apr 22- Second Exam
08 Apr 22- Third Exam
11 Apr 22- Fourth Exam
14 Apr 22- Final Exam
02 May 22- All Exams Loaded into TOL
19 May 22- Received 618
01 Jun 22- IPEB Received Case
15 Jul 22- Received 356 Unfit 10%DOD/100%VA
Click to expand...
Have your Dr. redo it and include it in newly filled out DBQ and include that information with your VARR. Your IDES attorney can help you submit it.
 
Provis said:
Have your Dr. redo it and include it in newly filled out DBQ and include that information with your VARR. Your IDES attorney can help you submit it.
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I was just about to submit evidence and I received a new lawyer from the ODC. He suggests that I consider not pursuing 30% for medical retirement because I'm 100% P&T. Because my injury happened in a combat zone, I will receive my severance tax free, and it cannot be recouped if I receive VA Compensation. In my situation, are there any real benefits to getting beyond 30%?
 
Lindseyj5 said:
I was just about to submit evidence and I received a new lawyer from the ODC. He suggests that I consider not pursuing 30% for medical retirement because I'm 100% P&T. Because my injury happened in a combat zone, I will receive my severance tax free, and it cannot be recouped if I receive VA Compensation. In my situation, are there any real benefits to getting beyond 30%?
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Tricare for life which I think is better than CHAMPVA. You makes a great point. I just think Tricare is much better but that is something to think about.
 
Provis said:
Tricare for life which I think is better than CHAMPVA. You makes a great point. I just think Tricare is much better but that is something to think about.
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Here is a hypothetical that my counsel hasn't got an answer back to me yet:

If I receive the severance, and later my unfitting condition is bumped up to 30%, and in this scenario, upgrades my medical separation to a medical retirement, would the recoupment exception for still apply to me?
 
Lindseyj5 said:
Received IPEB Results today, unfit 10%DOD/100%VA. Working to get a rating reconsideration since the VA Examiner for my unfitting lower back condition falsified my ROM. Has anyone had to go get ROM measurements re-evaluated?

06 Jan 22- Code 37
07 Mar 22- CIS submitted
21 Mar 22- Initiated Full MEB
24 Mar 22- MSC Contacted Me
06 Apr 22- First QTC Exam
07 Apr 22- Second Exam
08 Apr 22- Third Exam
11 Apr 22- Fourth Exam
14 Apr 22- Final Exam
02 May 22- All Exams Loaded into TOL
19 May 22- Received 618
01 Jun 22- IPEB Received Case
15 Jul 22- Received 356 Unfit 10%DOD/100%VA
Click to expand...
I am in a similar scenario. I have a VARR pending for increasing from 10 to hopefully 30. I had new measurements completed and it was submitted on lack of ROM and pain.
 
Lindseyj5 said:
Here is a hypothetical that my counsel hasn't got an answer back to me yet:

If I receive the severance, and later my unfitting condition is bumped up to 30%, and in this scenario, upgrades my medical separation to a medical retirement, would the recoupment exception for still apply to me?
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If PDRL unfitting 20% or less its permanent. It doesn't matter if the VA later increases the ratings. So you need to do the VARR to increase it or add an unfitting condition via FPEB to get to 30%.
 
Lindseyj5 said:
I was just about to submit evidence and I received a new lawyer from the ODC. He suggests that I consider not pursuing 30% for medical retirement because I'm 100% P&T. Because my injury happened in a combat zone, I will receive my severance tax free, and it cannot be recouped if I receive VA Compensation. In my situation, are there any real benefits to getting beyond 30%?
Click to expand...
You have nothing to lose fighting for 30%, but tricare for life and retired benefits to gain. Idk but in my case I would request another lawyer.
 
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