Losing 30% DoD - incorrectly denied a IDRM (LOD) - Help! What can I do?

T

TortolliniShell

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Needing help with this!

What can I do now to get this fixed other than the nuclear option - Congressional?

There is no IDRM appeal before being sent to the board?

I'm an Army Reservist. I was denied a IDRM (LOD) for a condition that's been referred to IDES. The IDRM approver overlooked multiple pages of medical records that were highlighted, my already completed VA DBQ exam that service connects me, rated me 20% per leg, etc. etc.

I had surgery on both my legs, this caused me to have venous insufficiency (swelling and edema). The IDRM approver stated that since i wasn't 'diagnosed' with venous insufficiency on active duty combat deployment, and only showed the symptoms... it didn't exist! I even provided multiple military records of the Army doctors stating I had pitting edema 3+, and that I went in for multiple edema multiple times over the deployment. This person just hand waived that all away and hosed me... VA has already rated me 20% per leg and SC me for these. That's 35% DoD if found unfitting by the peb!

I'm being told that my only recourse is to wait until :
a. MEB to generates the NARSUM,
b. then I can appeal and 'maybe' get them to send it back to Army Reserve MEDCOM to fix their error..... (i'm betting this hardly ever happens).

Help! I'm trying to not get hosed by passing up my options. I'm not in the MEB board process yet, so why would I need to wait until I'm sent officially to the board and then wait again until the NARSUM is generated... for a mistake that occurred prior to the board?:mad:
 
TortolliniShell said:
Needing help with this!

What can I do now to get this fixed other than the nuclear option - Congressional?

There is no IDRM appeal before being sent to the board?

I'm an Army Reservist. I was denied a IDRM (LOD) for a condition that's been referred to IDES. The IDRM approver overlooked multiple pages of medical records that were highlighted, my already completed VA DBQ exam that service connects me, rated me 20% per leg, etc. etc.

I had surgery on both my legs, this caused me to have venous insufficiency (swelling and edema). The IDRM approver stated that since i wasn't 'diagnosed' with venous insufficiency on active duty combat deployment, and only showed the symptoms... it didn't exist! I even provided multiple military records of the Army doctors stating I had pitting edema 3+, and that I went in for multiple edema multiple times over the deployment. This person just hand waived that all away and hosed me... VA has already rated me 20% per leg and SC me for these. That's 35% DoD if found unfitting by the peb!

I'm being told that my only recourse is to wait until :
a. MEB to generates the NARSUM,
b. then I can appeal and 'maybe' get them to send it back to Army Reserve MEDCOM to fix their error..... (i'm betting this hardly ever happens).

Help! I'm trying to not get hosed by passing up my options. I'm not in the MEB board process yet, so why would I need to wait until I'm sent officially to the board and then wait again until the NARSUM is generated... for a mistake that occurred prior to the board?:mad:
Click to expand...
The VA does not determine service connect and has no weight to weather duty related or not for Reservists. Was the condition injured or aggravated while on active duty orders for 30 or more days or while BA? once you are in a non-duty related IDES there isn't much you can do but appeal etc. I would consider consulting a private dedicated IDES attorney to see if you have a strong case to get it overturned. You will need to plan ahead to try to get it changed later on in the process.

I really don't think a congressional is going to help as much as hiring a dedicated private attorney that only specialized in these sort of situations.
 
Hello,

My point with the VA service connecting me (on their side) - is to point out that it's obviously service connected. The VA doctor saw it instantly, my civilian doctors say the same. Only the IDRM approver is choosing not to see it.

Yes, all of it was while on active duty title 10 combat deployment:

"...I had surgery on both my legs, this caused me to have venous insufficiency (swelling and edema). The IDRM approver stated that since i wasn't 'diagnosed' with venous insufficiency on active duty combat deployment, and only showed the symptoms... it didn't exist! I even provided multiple military records of the Army doctors stating I had pitting edema 3+, and that I went in for multiple edema multiple times over the deployment. ​
​
So the surgery was performed on active duty, my multiple treatments for edema / venous insufficiency were on active duty. ​
​
​
​
​
 
TortolliniShell said:
Hello,

My point with the VA service connecting me (on their side) - is to point out that it's obviously service connected. The VA doctor saw it instantly, my civilian doctors say the same. Only the IDRM approver is choosing not to see it.

Yes, all of it was while on active duty title 10 combat deployment:

"...I had surgery on both my legs, this caused me to have venous insufficiency (swelling and edema). The IDRM approver stated that since i wasn't 'diagnosed' with venous insufficiency on active duty combat deployment, and only showed the symptoms... it didn't exist! I even provided multiple military records of the Army doctors stating I had pitting edema 3+, and that I went in for multiple edema multiple times over the deployment. ​
​
So the surgery was performed on active duty, my multiple treatments for edema / venous insufficiency were on active duty. ​
​
​
​
​
Click to expand...
See my direct message. Good Luck!
 
Provis said:
See my direct message. Good Luck!
Click to expand...
For those AR/NG Soldiers who read this in the future... See link to AR: https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN33106-AR_600-8-4-001-WEB-2.pdf. Get to know these regs well! It will explain the responsibilities, requirements etc for LOD's.

It is imperative you pursue a LOD immediately if hurt while on AD status. NG Soldiers have it much worse as each state seems to do their own thing and not follow the regs. Make sure not only to pursue a LOD but if things aren't done correctly make sure turn up the heat with IG or Congressional Inquiry. If you get put into non duty related IDES you have much less recourse and it's much harder to get things corrected. I have seen it happen but it is a long arduous task that will test your resolve.

@tony292 Any advice for @TortolliniShell or comments on this?
 
Update: I went ahead and talked with my congressman's office because I'm going to use every avenue available to make sure I'm not getting screwed over. Will this work? I don't know. Maybe. Better to try and fail than roll over and take it. I've been doing that for 20+ years. ;)

The congressional team tried to call the IDRM approver.... and guess who didn't answer their phone?

What a joke. I told them they NEVER answer the phone... funny enough, they said they never get them on the phone until the official paperwork drops... then all of a sudden, what do you know... they want to talk and get things 'figured out'.

They've asked me to draft a "rebuttal" that explains why the IDRM approver shouldn't arbitrarily deny my IDRM.
  • 2 C&P exam doctors - both service connecting the injury.
  • My private doctor stating it was due to my surgery on active duty.
  • The AR doctor granting the permanent profile, who reviewed my medical docs and gave me a perm profile
  • VA static ratings: 20% right leg and 20% left leg
  • Cited two research papers stating that the surgery causes CVI. (took 5 minutes to find them, seriously!).
 
TortolliniShell said:
Update: I went ahead and talked with my congressman's office because I'm going to use every avenue available to make sure I'm not getting screwed over. Will this work? I don't know. Maybe. Better to try and fail than roll over and take it. I've been doing that for 20+ years. ;)

The congressional team tried to call the IDRM approver.... and guess who didn't answer their phone?

What a joke. I told them they NEVER answer the phone... funny enough, they said they never get them on the phone until the official paperwork drops... then all of a sudden, what do you know... they want to talk and get things 'figured out'.

They've asked me to draft a "rebuttal" that explains why the IDRM approver shouldn't arbitrarily deny my IDRM.
  • 2 C&P exam doctors - both service connecting the injury.
  • My private doctor stating it was due to my surgery on active duty.
  • The AR doctor granting the permanent profile, who reviewed my medical docs and gave me a perm profile
  • VA static ratings: 20% right leg and 20% left leg
  • Cited two research papers stating that the surgery causes CVI. (took 5 minutes to find them, seriously!).
Click to expand...
Hello, I am going through the same thing. May I get an update on your case. Did you hire a private attorney or was the congressional enough.
 
Joe Shmoe said:
Hello, I am going through the same thing. May I get an update on your case. Did you hire a private attorney or was the congressional enough.
Click to expand...
Unfortunately I never got it approved. I moved through the med board with my other conditions. Be ready to respond quickly when you get your NARSUM.
 
TortolliniShell said:
Unfortunately I never got it approved. I moved through the med board with my other conditions. Be ready to respond quickly when you get your NARSUM.
Click to expand...
Forgot to mention, i did hire another attorney but my commander's statement and my VA exams were key to getting retired. The lawyer would have shown if I would have had to appeal the PEB decision.
 
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