My physician is considering referring me to a MEB. I was diagnosed with a disease that is not listed in the VARSD, nor is it listed in the common analogous conditions. So, I have two questions regarding the MEB process.
1. Will I know what analogous condition the VA C&P exam doctor has selected prior to reviewing or signing my NARSUM?
2. If the VA doctor chooses an analogous condition with a minimum rating of 30%, and I am found unfit by the PEB, is the PEB permitted to change the analogous condition or rating? Or are they required to rate me at least 30% disabled?
Any insight is greatly appreciated.
Welcome to the PEB Forum!
In direct response to your inquiry, I offer the following feedback:
Q1: Will I know what analogous condition the VA C&P exam doctor has selected prior to reviewing or signing my NARSUM?
A1a: If you have been referred and accepted into the DoD IDES MEB/PEB process, then yes. As such, you should be provided a copy of all DoVA C&P examination results by your assigned PEBLO upon receipt of the completed MEB NARSUM documentation.
A1b: Otherwise, for potential faster acquisition of the DoVA C&P examination results, you will need to visit the Release of Information (ROI) office of the VAMC or VA Outpatient Clinic where the C&P exams were performed to request a copy, or visit the nearest VA Regional Office's ROI to request a copy. If you are military active duty, show you military ID card and the associated VA ROI processing fee should be waived at least that was the case during my previous VA Regional Office ROI interactions when I was on military active duty.
Q2: If the VA doctor chooses an analogous condition with a minimum rating of 30%, and I am found unfit by the PEB, is the PEB permitted to change the analogous condition or rating? Or are they required to rate me at least 30% disabled?
A2a: If you have been referred and accepted into the DoD IDES MEB/PEB process, the answer is no to the first part of your question. As such, the PEB
must adopt/accept the DoVA D-RAS ratings for all PEB-referred "unfit for duty" medical conditions.
A2b: Albeit, there is a provision where if the PEB doesn't agree with the diagnosed condition by the DoVA C&P exam physician, the PEB can append their diagnosed condition along side the DoVA diagnosed condition. In essence, both medical diagnoses will be shown on the MEB NARSUM documentation.
A2c: For example, if the DoD IDES MEB diagnoses an Anxiety Disorder NOS medical condition, but the DoVA C&P exam diagnoses a PTSD medical condition then the MEB NARSUM documentation would be written as "Anxiety Disorder NOS (diagnosed by the VA as PTSD)" or if the DoD IDES MEB diagnoses a PTSD medical condition, but the DoVA C&P exam diagnoses an Anxiety Disorder NOS medical condition then the MEB NARSUM documentation would be written as "PTSD (diagnosed by the VA as Anxiety Disorder NOS)" or any similar type of verbiage for the specific PEB-referred "unfit for duty" medical condition from an U.S. Army perspective.
Nonetheless, it's indeed highly beneficial for you to continue to be "positively proactive" throughout your interactions while in the DoD IDES MEB/PEB process, and the DoD LDES PEB process if placed onto the DoD military TDRL upon completion of the DoD IDES process. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
