Just received DA199 and possibly starting IDES over need help!

brianmatt31

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Good afternoon all. I've posted on here before and read, and read, and read as this is an amazing site with a wealth of knowledge.

I received my DA199 on 24 July. I received my DA3749/MEB findings on 01 Feb, I signed and sent in per my JAG that I had no appeal at that time and should appeal at the PEB if needed.
With that being said, I read through the PEB findings and seen that there are some rating issues from the DRAS. It really looks like they did not fully look through my conditions for the proof they needed to correctly rate the condition properly according to the VASRD. I think this could have been due to having a lot of conditions and a lot of paperwork that was turned in.

So concerning the current findings the JAG is only saying to do an appeal to the IPEB and do not do an VARR.
With this I disagree because I need to do a VARR so that DRAS can update my conditions from the C&P exam and get the new condition looked at since I was diagnosed after the MEB findings was sent back. I signed the MEB Findings Feb 01 and the heart conditions was diagnosed May 01.

For the IPEB I want to have my heart condition added as it can be rated per regulation/VASRD and I wanted to have a few other conditions added as unfitting like Cervical Strain, Asthma/reactive airway disease, and shoulder. BUT with this JAG he said that I cannot appeal to add anything to unfitting that we might only be able to get the shoulder condition added. This I don't agree with and I'm pretty sure he is taking the easy way out on this. The JAG said that the PEB wouldn't make any other conditions unfit unless I had more conditions listed on my initial profile.

So I'm getting ready to type up both appeals for the PEB and VARR and also add that my C&P exams are all older than 6 months with one new conditions and a few conditions that need updated while I'm in this process.

My question to anyone reading this. Do this process they are trying to do on me even remotely sound correct? My PEBLO is so hands off and unhelpful and when I was at the JAG office all the offices are side by side in this building. I'm at the point to ask my BDE Dr to redo my profile and go ahead and add the two previous referred conditions along with the new condition just to start the whole process over to ensure that the new one is added to the Unfitting. For unfitting I'm Diabetic, IVDS/Chronic lumbar pain, and I want to add Asthma (I'm on two steroid inhalers daily max dose), rotor cuff tear/arthritis/fluid/SLAP tears, Neurocardiogenic Syncope with distal Ischemia and Cervical Strain in neck/spine. I have time and not worried about that I just want right to be right.

Do you all think I'm crazy or off topic?
 

goflymike

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
You may not like this advice, because I certainly didn't when I first got it: A re-start may be exactly what you need to ensure everything gets taken care of correctly. Yes, it will take a lot of time, but the end result will be worth it. You know how to 'play the game' after going most of the way through it already, so you can bring better prepared statements and facts to your C&P, NARSUM, etc, that will make it much easier for the IPEB and VA to properly code and rate your disabilities. I had my case recalled right before my FPEB, and after 7 months, the end result changed from 20% w/ Severance to 80% PDRL. I was able to add a new diagnosis to my referred conditions and got much better results from my second set of C&Ps that made the VA's job very straight forward. Well worth starting over to get it right.
 

brianmatt31

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
You may not like this advice, because I certainly didn't when I first got it: A re-start may be exactly what you need to ensure everything gets taken care of correctly. Yes, it will take a lot of time, but the end result will be worth it. You know how to 'play the game' after going most of the way through it already, so you can bring better prepared statements and facts to your C&P, NARSUM, etc, that will make it much easier for the IPEB and VA to properly code and rate your disabilities. I had my case recalled right before my FPEB, and after 7 months, the end result changed from 20% w/ Severance to 80% PDRL. I was able to add a new diagnosis to my referred conditions and got much better results from my second set of C&Ps that made the VA's job very straight forward. Well worth starting over to get it right.
goflymike I really appreciate your response. Yes I got time and not in a hurry. I am better prepped now as I even have all my MEPs MTF paperwork to include my Cadet physical from Ft. Lewis when I crossed over to the dark side. lol.
With your recall was that worked through the PEBLO and JAG or just JAG?
 

goflymike

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I called an Air Force MEB lawyer who told me to request a re-call since my MTF broke a few AFI's. When I went to my PEBLO with that info, she started it without too much hassle within a day or two. I think she realized that they messed up. Im not sure that your case would definitely be a re-call (sounds like a question for the JAG), but the chance to re-do my NARSUM and C&Ps ended up being worth their weight in platinum.
 

brianmatt31

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I called an Air Force MEB lawyer who told me to request a re-call since my MTF broke a few AFI's. When I went to my PEBLO with that info, she started it without too much hassle within a day or two. I think she realized that they messed up. Im not sure that your case would definitely be a re-call (sounds like a question for the JAG), but the chance to re-do my NARSUM and C&Ps ended up being worth their weight in platinum.
Thank you! I will get on that. Your insight has been most helpful. Thanks again. AIM HIGH!
 
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