Hi all, question regarding my decision letter. I am waiting to hear back from my private attorney, but I wanted to see if anyone else experienced something similar and can help. I am 100% P&T.
MRR found me Not Physically Qualified- Retention Not Recommended as of 1 Dec 2024. Decided to submit LOD-B for DES package. LOD decision came back 20 Nov 2025.
Approved condition: Lower back pain post laminectomy with bilateral lower extremity radiculopathy. (20% DDD, degenerative arthritis and IVDS + 10% each side sciatic + 10% each side femoral)
I had Surgery 13 Nov 2023 for L5/S1 left sided, which still has pain, arthritis and radiculopathy down both legs. This injury occurred while deployed as a reservist.
Denied conditions:
1. Asthma (30% VA)- I use a daily inhaler, and when I get sick I use a nebulizer
2. Right shoulder acromioclavicular joint arthritis (20% VA) - constant pain and fatigue, some restricted ROM. Found that I have pain stemming from my neck due to a MRI recently ordered by Ortho. This opens up a can of worms as this was caused by time in service, but wasn't mentioned at the time of MRR.
3. Bilateral pes planus(50% VA) - Flat fleet plus diagnosed plantar fasciitis.
Aside from Asthma stemming from burn pit exposure, where my condition was a late onset, all of these denied conditions were injured or aggravated during service. I also received treatment for both my shoulder and my feet while deployed by the EMF. Per the SECNAVINST 1850, being on orders greater than 30 days puts these in the presumptive category.
Does this mean this is the end of the road to fight these denials? Is there a later time to bring up these or any other items? Also, my VA C&P exams were over a year ago. But I’ve been in some sort of treatment since my injuries August of 2021.
I'm bummed about this outcome as based on the instruction, I thought I'd have at least 3/4 conditions approved.
Thanks for any help and insight!
Ryan
MRR found me Not Physically Qualified- Retention Not Recommended as of 1 Dec 2024. Decided to submit LOD-B for DES package. LOD decision came back 20 Nov 2025.
Approved condition: Lower back pain post laminectomy with bilateral lower extremity radiculopathy. (20% DDD, degenerative arthritis and IVDS + 10% each side sciatic + 10% each side femoral)
I had Surgery 13 Nov 2023 for L5/S1 left sided, which still has pain, arthritis and radiculopathy down both legs. This injury occurred while deployed as a reservist.
Denied conditions:
1. Asthma (30% VA)- I use a daily inhaler, and when I get sick I use a nebulizer
2. Right shoulder acromioclavicular joint arthritis (20% VA) - constant pain and fatigue, some restricted ROM. Found that I have pain stemming from my neck due to a MRI recently ordered by Ortho. This opens up a can of worms as this was caused by time in service, but wasn't mentioned at the time of MRR.
3. Bilateral pes planus(50% VA) - Flat fleet plus diagnosed plantar fasciitis.
Aside from Asthma stemming from burn pit exposure, where my condition was a late onset, all of these denied conditions were injured or aggravated during service. I also received treatment for both my shoulder and my feet while deployed by the EMF. Per the SECNAVINST 1850, being on orders greater than 30 days puts these in the presumptive category.
Does this mean this is the end of the road to fight these denials? Is there a later time to bring up these or any other items? Also, my VA C&P exams were over a year ago. But I’ve been in some sort of treatment since my injuries August of 2021.
I'm bummed about this outcome as based on the instruction, I thought I'd have at least 3/4 conditions approved.
Thanks for any help and insight!
Ryan
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