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New Air Force Form allows reconsideration of rating without need to appeal to PEB

Jason Perry

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All services allow for "informal reconsiderations." The terminology can vary as well as the procedures, but it all amounts to the same- you can submit matters before your formal board and get a change in outcome.


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What is the timeline for thisoption of the MEB/PEB/IPEB, etc? What is the process after this reconsiderationof rating without need for the formal appeal to PEB? I've read the next optionafter this would be Federal Courts and/or Air Force Board for Correction of Military Records(BCMR). Is Physical Disability Board of Review the same as the statedreconsideration of rating without need for the formal appeal to PEB? I believethat the MEB and the Findings and Recommended Disposition of the USAF Physical Evaluation Board were not correctly evaluated my medical conditions at the time ofMEB Retirement. I have multiple diagnoses cited in Title 38 CFR Part 4; this section is the General RatingFormula for Diseases & Injuries of the Spine (For diagnosticcodes [DC] 5235-5243unless 5243 is evaluated under the Formulafor Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes. Itstates:

--Withor without symptoms such as pain (whether or not it radiates), stiffness, or aching in the area of the spine affected byresiduals of injuryor disease.

** Note (6):Separately evaluate disability of the thoracolumbar and cervical spinesegments, except when there is unfavorable ankylosis of both segments, which.

will be rated asa single disability.

** Evaluate intervertebral disc syndrome (preoperatively orpostoperatively) either under the General Rating Formula for Diseases &Injuries of the Spine orunder the Formula for Rating

Intervertebral Disc Syndrome Based on IncapacitatingEpisodes, whichever method results in the higher evaluation when alldisabilities are combined under §4.25.
** Note(2): Ifintervertebral disc syndrome is present in more than one spinal segment,provided that the effects in each spinal segment are clearly distinct,evaluate each segment on the basis of incapacitating episodes or under theGeneral Rating Formula for Diseases and Injuries of the Spine, whichever methodresults in a higher evaluation for that segment.

My interpretation isthat each diagnosis condition will be rated, then totaled per §4.25. of Title38 CFR and then each spine segements would be listed on the AF For 356.However, I was only listed with the same diagnosis code for both spine segments. The following DC codes apply: 5235-- Vertebral fracture (lumbar segment), 5238 -- Spinal stenosis (lumbarsegment) (evidence on multiple MRI), 5239 -- Spondylolisthesis or segmentalinstability(lumbar segment) (evidence on multiple MRI), – 5241 -- Spinal fusion(fusions to Cervical and Lumbar-Sacral spine segments) and 5242 -- Degenerativearthritis of the spine (cervical & lumbar segment)…there was pain tobilateral upper and lower extremity with a multiple diagnoses of Cervical Radiculopathyand Lumbar Radiculopathy as well…also have incontinence documented—all three should’vebeen rated as conditions secondary to or as a result of the spinalconditions. So, I believe that I have anobvious claim because of multiple errors and once reviewed would be recalculatedafter finding Clear Unmistakable Error was committed. What are your interpretations and/or facts surroundingthe before mentioned situation? Thanks inadvance for your thoughts and ideas regarding the above info.