Lack of VA Exam - How will it effect Pilot MEB?

californiasurfboy

PEB Forum Veteran
Back story.

I was slotted for numerous appointments for the VA under the pilot program. The main one, the physical, was canceled due to bad weather. After numerous attempts by my peblo counslor to reschedule, the va never got back with her. It is now two months later and I was handed my 3947 and am found I failed retention in MEB for six conditions with thirteen listed altogether.

Question.

When my case goes before the PEB and I am found unfit for service, how will they assign a rating if I did not see the VA for the physical? Some required specialists like a neurologist or pulmonologist since I was found unfit for asthma and migraines but I never saw those specialist through the VA like I am informed I was suppose to of. How will this affect my process? Am I going to be stuck in appeals hell? Will the PEB send back my case because it is messed up? My peblo counslor and the staff around here have no answers since nobody seems to of encountered this situation.

I am suppose to sign the paperwork on Wednesday morning agreeing/disagreeing with the 3947 but am not sure where this is all going to end up afterwards.
 

builtgypsy

PEB Forum Veteran
Registered Member
BUMP

Hopefully, they send it back requesting more information, but man hopefully this doesn't turn into a nightmare for you.
 

tdrecord

PEB Forum Regular Member
Under the Pilot program, the VA assigns the ratings for service connected conditions. The PEB must accept the ratings the VA Disabilities Board in St. Petersburg assigns but only those ratings for unfitting conditions. Although they have the file, the VA Disabilities Board will not issue ratings until the PEB decides the SM is unfit. The PEB will then use the ratings for the unfit conditions and issue their second DA Form 199.

I don't think the PEB can make a decision on your case since the MEB Physician writes the NARSUM using the VA Assessment report along with the medical records.
 

californiasurfboy

PEB Forum Veteran
Thank you.

That is what I was thinking that if the VA did not rate me or do the physical the PEB would kick it back to MEB level for more "info" meaning correct the mistakes they had been making up to this point or lack of things that should of been done in the first place.

The cover letter states all the issues but the NARSUM was written back in March and only discusses PTSD due to a hospitalization but none of the other injuries that are considered not meeting medical retention standards which have been going on, quite frankly, for years now.

Ugh...... wish this process was as simple and straight forward as those warning instructions posted on the back of airline seats for emergencies.
 

californiasurfboy

PEB Forum Veteran
Update on Lack of VA Exam

Hello!

To give an update on how the situation panned out...

I got my IPEB decision finding me unfit for several conditions after they only had my packet for a few days with a response of waiting on VA rating and codes.

The VA responded today with setting me up for several more medical appointments including "Surprise surprise" a visit to a regular doctor for an overal physical assessment which, to me, I thought was the whole point of the pilot program, to see the VA before the PEB and conclude all medical appointments with a main overal physical assessment.

The appointments are a month or more away which is going to add more time waiting. At least I know what the PEB board thought of me, now its just a matter of getting the ratings from what the PEBLO officer informed me.

Waiting....

Waiting some more.....
 
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