I received a draft of my Narsum from my doctor and gave her the go ahead that it was good which she forwarded to the peblo, but upon reading around, i noticed that there might be a huge mistake. she indicated that my forward flexion is 0-150 degrees. she also indicated how i can't bend, sit or twist and recommended unfit (which is true). So if my interpretation is correct then how can i have that wide flexion and not do all these things, or even be referred to the MEB at all. I don't know where she got that measurement from, and if its from the C&P exam, that doctor didn't even use any goniometer on me and from what i remember i couldn't bend more than 30 degrees using the scale that i'm seeing on the internet. Upon my understanding of what i have researched, this contradicts her own write up. This means that i would get 0% rating since its more than 90 degrees. When i contacted her, she explained that the VA standard is 0-180 so mine is below standard. What does this mean and what should i do if my interpretation is true.
PEB
- Thread starter tobac1bill
- Start date
Well, at this particular point in the MEB phase of the DoD IDES process, you will have to wait for the official NARSUM documentation to be written up by the MEB physician and presented to you by your assigned PEBLO. If you disagree with the NARSUM documentation then you should either submit an IMR and/or MEB appeal at that point in time. Even if the IMR and/or MEB appeal isn't successful (e.g., NARSUM revised to your expectations), then you still have an official documented complaint which carries over to the PEB phase if your IDES case file is forwarded.
Moreover, once the PEB receives your IDES case file and if they determine at least one "unfit for duty" medical condition then your IDES case file is forwarded to the assigned DoVA D-VAS for VA ratings adjudication. Upon the DoVA D-RAS' assignment of VA ratings and forwards your IDES case file back to the PEB, you should receive your IPEB findings sometime there afterwards. If you disagree with any PEB-referred "unfit for duty" medical condition(s) DoD rating(s), then you have the option of requesting a VARR for potential resolution of your ROM measurement(s) dispute.
In the interim, you will need an attachment with the VARR showing medical evidence and/or medical documentation to validate the new ROM measurement(s) by the completion of another DoVA DBQ. That said, you should try to accomplish getting another ROM measurement via completion of a new DoVA DBQ as soon as physically possible. Hmm, I don't know what your NARSUM doctor is trying to say reference VA standards albeit the official standard is in 38 CFR VASRD under the schedule for ratings.
Nonetheless, again, never default acceptance to any injustices; fight then continue to fight some more until receipt of your desired expectations supportive via all available medical evidence and/or medical documentation! I hope for a successful outcome. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
It sounds like a typo. Talk to your PCM.
BL: The C&P exam will rate your flexion. Your percentage will be based off the C&P exam.
BL: The C&P exam will rate your flexion. Your percentage will be based off the C&P exam.
Ask you physical therapist to take a measurement with a goniometer per the VASRD standards. Cross that against the C&P. If there is a discrepancy continue to request measurements from physical therapy.
This evidence can be used to rebut the rating though a VARR or FPEB.
This evidence can be used to rebut the rating though a VARR or FPEB.
Thank you all very much for the great advice. I will definitely fight this to the very end. Just hoping they will later say it was a typo because i just can't understand why the VA doctor will intentionally screw me like that by writing something totally different from what she observed.
1. So my Peblo contacted me today to sign my Narsum. He explained to me that the measurement on the Narsum was from the VA report and cannot just be changed by the MTF doctor who is also my PCM. He however explained to me about submitting a rebuttal if i desire. What are my choices here; can i not sign it , sign it with a rebuttal or just sign it, and submit a VARR after ratings come back. I know for sure the ratings is gonna be very bad since that reading looks like it was taking off of a gymnast.
2. Also, my other condition which was mild sleep apnea was scraped by Walter Reed doctors and rather diagnosed me with Hypersomnia. This happened after my VA claim was started so it was not on my claims documents. How is this gonna work since the initial condition for the MEB is now off and the new diagnosis wasn't claimed?
3. Lastly, after my C&P exam there were about 5 more conditions including PTSD and migraine which were not submitted for MEB. Should i request for them to be added or just leave it as it is? Thank you guys in advance. I really appreciate all the great advice .
2. Also, my other condition which was mild sleep apnea was scraped by Walter Reed doctors and rather diagnosed me with Hypersomnia. This happened after my VA claim was started so it was not on my claims documents. How is this gonna work since the initial condition for the MEB is now off and the new diagnosis wasn't claimed?
3. Lastly, after my C&P exam there were about 5 more conditions including PTSD and migraine which were not submitted for MEB. Should i request for them to be added or just leave it as it is? Thank you guys in advance. I really appreciate all the great advice .
In my experienced opinion, your first choice is to immediately consult with an IDES attorney or the IDES Legal Office for your specific military branch of service. It's always best to obtain the IDES legal options at this point in the MEB phase then make your official decision. Based upon my previous IDES experiences and as I previously stated in my reply message #2, I would submit a MEB appeal/rebuttal so that your disagreement/complaint if officially documented prior to being forwarded to the PEB phase if your IDES case file warrants that action.
If your IDES case file is forwarded to the PEB and the PEB determines at least one unfitting condition then the DoVA D-RAS will evaluate all medical conditions/impairments/contentions based upon its symptomology as written from all available medical evidence and/or medical documentation, and then compare it to the criteria as annotated in 38 CFR VASRD for any potential assignment of a disability rating.
In reference to your additional five medical conditions including PTSD and migraines, do you believe that any of those medical conditions affect your ability to "reasonably perform duties of his or her office, grade, rank or rating" while in the military? If yes, then you will have an opportunity to have them potentially added and considered as unfitting conditions via requesting a FPEB hearing after receipt of your IPEB findings presented by the PEBLO upon its availability.
Otherwise, I would suggest to consult with your assigned MSC to see if those additional five medical conditions can be added at the final MSC interview of the IDES process, or if it's best to wait until becoming a military disabled veteran then submit a new DoVA disability claim (via eBenefits for faster processing) within one year of departing military active duty service. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!