Nov. 26th Deadline to reply to NARSUM: Please help!

kokelley

Well-Known Member
Registered Member
Will PEB find a condition service connected, if it is already rated with the VA?

Husband is going through MEB, with National Guard. He has a 20 year letter and has 18 years as a Federal Technician. He currently has a 90% VA rating. He has been going through MEB for his knees (both 10% rated with VA and has LOD), and also Meniere's (has separate rating w/VA for 30% vertigo & 10% tinnitus - Was previously at 60% w/VA when they wrongfully decreased his rating, which we will be submitting a Higher Level Review soon).

The main concern is this. He receieved his NARSUM, for which the doctor agrees his knees are unfitting. The doctor also concluded that the Meniere's is unfitting, however, as there is no LOD for Meniere's he says it was "pre-existing" and is not military related. As you can see this is not something we are happy about.

Question: How can a doctor determine that something is not service connected, and will the PEB also determine the Meniere's to be non-service related, when the VA has already service connected this condition?

Thanks so much for any insight.
Kelly
 

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member
Is this doctor his MSC? C&P examiner? Service connection is determined by the VA during the IDES process. If the VA determines it is NOT service connected then the PEB will not consider the illness. If he already has service connection for Meniere’s the MSC should know if it’s unfitting. It also should be listed on his commander counseling’s statement.
 

Nihon_52

Member
PEB Forum Veteran
Registered Member
Will PEB find a condition service connected, if it is already rated with the VA?

Husband is going through MEB, with National Guard. He has a 20 year letter and has 18 years as a Federal Technician. He currently has a 90% VA rating. He has been going through MEB for his knees (both 10% rated with VA and has LOD), and also Meniere's (has separate rating w/VA for 30% vertigo & 10% tinnitus - Was previously at 60% w/VA when they wrongfully decreased his rating, which we will be submitting a Higher Level Review soon).

The main concern is this. He receieved his NARSUM, for which the doctor agrees his knees are unfitting. The doctor also concluded that the Meniere's is unfitting, however, as there is no LOD for Meniere's he says it was "pre-existing" and is not military related. As you can see this is not something we are happy about.

Question: How can a doctor determine that something is not service connected, and will the PEB also determine the Meniere's to be non-service related, when the VA has already service connected this condition?

Thanks so much for any insight.
Kelly
I'm not familiar with how the NG works, but I would suggest having this question, and the NARSUM, reviewed by legal counsel. You should be able to speak to a military JAG free of charge to discuss these issues. This seems like something more down their alley.
 
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