MEB Confusion: What Happens When the C&P Exam Contradicts the Referred Condition?

[France9488]

I got referred for neck with radiculopathy down both arms (among other conditions) for the Army Med Board. However, after I took the C&P exam, the DBQs say that I don't have radiculopathy and that my neck was normal. Now, there is plenty of medical evidence on my record that says otherwise. They made this decision based on an Army H2F PT and my old PA saying that my nerve issues are related to carpal tunnel before MRIs were even done.

My NARSUM also says that I have DDD and thoroughly list all of the medical findings, multilevel disc herniations. It even says on there what levels the nerves are being pinched at.

Since it's a referred condition what's the VA going to do? Are they going to give me a rating? Is DOD going to give me a rating? How is all of that going to play out?

 

[Almostthere86]

So two ways this works out. You have a rater who pushes back on the examiner for more information as it contradicts medical documents or just gives a straight denial on the VA side. The DOD can still assign a rating on their end as long as it’s a referred condition. I had the same happen with my shoulder as the VA denied it, but the PEB gave me a rating. It did say however that their rating was not a guarantee on the same rating for the VA. You can always file a VARR once you get your PEB ratings back and challenge the rating. This can only be done against a referred condition. Or you can accept your PEB and get out and either file and supplemental claim or an appeal or higher level review with the VA. These three can’t be don’t until you are out of the service.

 

[France9488]

So two ways this works out. You have a rater who pushes back on the examiner for more information as it contradicts medical documents or just gives a straight denial on the VA side. The DOD can still assign a rating on their end as long as it’s a referred condition. I had the same happen with my shoulder as the VA denied it, but the PEB gave me a rating. It did say however that their rating was not a guarantee on the same rating for the VA. You can always file a VARR once you get your PEB ratings back and challenge the rating. This can only be done against a referred condition. Or you can accept your PEB and get out and either file and supplemental claim or an appeal or higher level review with the VA. These three can’t be don’t until you are out of the service.

Ok that makes sense. Hopefully I get a rarer that ask for more information. If they look at the NARSUM it lays out in detail: all the diagnoses, what surgeon gave me the diagnosis, when, what medication I’m taking for it. It’s hard to ignore is what I’m getting at.

 

[E4Bam]

I got referred for neck with radiculopathy down both arms (among other conditions) for the Army Med Board. However, after I took the C&P exam, the DBQs say that I don't have radiculopathy and that my neck was normal. Now, there is plenty of medical evidence on my record that says otherwise. They made this decision based on an Army H2F PT and my old PA saying that my nerve issues are related to carpal tunnel before MRIs were even done.

My NARSUM also says that I have DDD and thoroughly list all of the medical findings, multilevel disc herniations. It even says on there what levels the nerves are being pinched at.

Since it's a referred condition what's the VA going to do? Are they going to give me a rating? Is DOD going to give me a rating? How is all of that going to play out?

I had a shitty DBQ too saying one of my conditions existed prior to service blah blah blah. It’s my foot btw… in which I had surgery and was diagnosed after 1 year and 5 months in service. Which is kind of crazy when you go through basic and all the training you go through. Anyways, I sent a personal statement disagreeing with the DBQ and gave examples as to why I did. I even outlined my MRIs and EMG results so you do have ammunition to play with. And again if it comes back just do a VARR continue to go to medical and submit new evidence that concurs with your diagnosis.

 

[France9488]

Update

The VA just emailed me requesting another C&P exam be done for Cervical radiculopathy down both arms. I’m definitely going into that appointment with all of my medical records listing this condition.

 

[E4Bam]

Update

The VA just emailed me requesting another C&P exam be done for Cervical radiculopathy down both arms. I’m definitely going into that appointment with all of my medical records listing this condition.

That’s good. That means there is a contradiction in the DBQ. Which is the truth and they are making sure you get a fair fight. Go to this exam guns blazing. Don’t let your foot off the gas. Did they not measure your back at all?