Proposed ratings and I'm angry!

C

Chris_USMC_E6

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Let me start this post of saying I knew I was going to be in a pickle when I was sent to a C&P examiner that has had multiple complaints filed against her, but QTC still utilizes her. The general C&P exam was the worst evaluation I have ever received. I file a complaint with QTC, I followed up with a very angry conversation with the DoVA Rep at my location, and the PEBLO it at a lost of what I can do. As a result of the doctors lack of input into the exam my ratings are entirely messed up.

Combine VA Rating-80%/DoD-Still Waiting

Referred conditions
DDD Lumber-20
Right shoulder Labral tear with instability-20

Proposed ratings for my following conditions
General Anxiety disorder with Parasomnia and Hypersomnia-50%
(This is messed up because I have been diagnosed Hypersomalace with central apnea)
Left shoulder strain-20%
Bilateral hearing loss-10%
Tinnitus-10%
Right sciatica-10%
Right Knee strain-0% (I have a torn meniscus)
Left knee strain-0% (I have Osgoodman Schaltter disease and it has worn my patella tendon 8 years service connected)
Hypertension-0% (not worried)
Hemorrhoids-0% (not worried)
Scars, Arms, leg, back, stomach-0% (30 scars from lipoma removals)
Rosacea and scalp dermatitis-0% (Was diagnosed with Dermatomycosis Tinea Versicolor of the scalp and rosaea of the face)

NOT SERVICE CONNECTED (BIG ISSUE WITH THIS LIST)
Left elbow condition-I have ulnar nerve issues from shingles, shingles occured in service
Right elbow condition-Right elbow condition
Left Wrist
Right Wrist
Right Hip Pain
Left Leg Condition
Right Leg Condition
Left ankle condition
Right ankle condition
Bilateral Feet Condition
Central Sleep Apnea (I HAVE THREE SLEEP STUDIES SHOWING THIS CONDITION AND SHOULD HAVE BEEN RATED WITH MY HYPERSOMNIA)
Dercums Disease-(30 PAINFUL TUMORS REMOVED IN 2 YEARS)
Left Sciatica-???????????(I have right sciatica but not left from my back??????)

Not listed but was claimed
Painful Lipomas-I have had over 30 cut out of me that have caused things like my elbow to be in such pain I couldn't use it!!!

EVERYTHING I LISTED WAS DIRECTLY FROM MY MEDICAL RECORDS FROM OVER A DECADE OF SERVICE AND MULTIPLE COMBAT TOURS. HOW IN THE HELL IS NONE OF THIS SERVICE CONNECTED AND NOT RATED WITH CONDITIONS THAT RATE A RATING OTHER THAN 0%!!!!! PLEASE HELP!!! ANY ADVICE IS APPRECIATED!
 
Chris_USMC_E6 said:
Let me start this post of saying I knew I was going to be in a pickle when I was sent to a C&P examiner that has had multiple complaints filed against her, but QTC still utilizes her. The general C&P exam was the worst evaluation I have ever received. I file a complaint with QTC, I followed up with a very angry conversation with the DoVA Rep at my location, and the PEBLO it at a lost of what I can do. As a result of the doctors lack of input into the exam my ratings are entirely messed up.

Combine VA Rating-80%/DoD-Still Waiting

Referred conditions
DDD Lumber-20
Right shoulder Labral tear with instability-20

Proposed ratings for my following conditions
General Anxiety disorder with Parasomnia and Hypersomnia-50%
(This is messed up because I have been diagnosed Hypersomalace with central apnea)
Left shoulder strain-20%
Bilateral hearing loss-10%
Tinnitus-10%
Right sciatica-10%
Right Knee strain-0% (I have a torn meniscus)
Left knee strain-0% (I have Osgoodman Schaltter disease and it has worn my patella tendon 8 years service connected)
Hypertension-0% (not worried)
Hemorrhoids-0% (not worried)
Scars, Arms, leg, back, stomach-0% (30 scars from lipoma removals)
Rosacea and scalp dermatitis-0% (Was diagnosed with Dermatomycosis Tinea Versicolor of the scalp and rosaea of the face)

NOT SERVICE CONNECTED (BIG ISSUE WITH THIS LIST)
Left elbow condition-I have ulnar nerve issues from shingles, shingles occured in service
Right elbow condition-Right elbow condition
Left Wrist
Right Wrist
Right Hip Pain
Left Leg Condition
Right Leg Condition
Left ankle condition
Right ankle condition
Bilateral Feet Condition
Central Sleep Apnea (I HAVE THREE SLEEP STUDIES SHOWING THIS CONDITION AND SHOULD HAVE BEEN RATED WITH MY HYPERSOMNIA)
Dercums Disease-(30 PAINFUL TUMORS REMOVED IN 2 YEARS)
Left Sciatica-???????????(I have right sciatica but not left from my back??????)

Not listed but was claimed
Painful Lipomas-I have had over 30 cut out of me that have caused things like my elbow to be in such pain I couldn't use it!!!

EVERYTHING I LISTED WAS DIRECTLY FROM MY MEDICAL RECORDS FROM OVER A DECADE OF SERVICE AND MULTIPLE COMBAT TOURS. HOW IN THE HELL IS NONE OF THIS SERVICE CONNECTED AND NOT RATED WITH CONDITIONS THAT RATE A RATING OTHER THAN 0%!!!!! PLEASE HELP!!! ANY ADVICE IS APPRECIATED!
Click to expand...
By the way 0% would have been better than not service connected!
 
Sorry to hear you are unhappy. How did you get your results?
 
notgivingup said:
Wow I'm new to this process but find the number of non service connected, shocking!
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Tell me about I'm freaking pissed off and have requested a copy of my medical records to now submit as much additional evidence as possible before I get out! I love how they threw my central apnea to not service connected in order to put my hypersomnia under a mental condition!
 
In my opinion, you should request a FPEB for the Dercum's Disease. Have your lawyer argue that the frequent hospitalizations to remove the lipomas interfere with your ability to perform your duty.

I had a condition that was unfitting that the VA did not service connect (Army did because of 8 year rule). I did a VARR which was rejected, however a MEMO was sent to the VA final rater and they granted service connection.
 
gsfowler said:
In my opinion, you should request a FPEB for the Dercum's Disease. Have your lawyer argue that the frequent hospitalizations to remove the lipomas interfere with your ability to perform your duty.

I had a condition that was unfitting that the VA did not service connect (Army did because of 8 year rule). I did a VARR which was rejected, however a MEMO was sent to the VA final rater and they granted service connection.
Click to expand...
How can they list all that not service connected when it is in my medical records and post deployment health assessments? I can not get the docs to diagnose the Dercums. I have all the signs. I have colonoscopy Monday because now they think it is Gardner Syndrome. I had to research this crazy issue because the navy and surgeon said that I was susceptible to getting tumors? I was like, 30 in two years is not normal at all.
 
gsfowler said:
In my opinion, you should request a FPEB for the Dercum's Disease. Have your lawyer argue that the frequent hospitalizations to remove the lipomas interfere with your ability to perform your duty.

I had a condition that was unfitting that the VA did not service connect (Army did because of 8 year rule). I did a VARR which was rejected, however a MEMO was sent to the VA final rater and they granted service connection.
Click to expand...
The VA also said that a couple of my conditions weren't service connected with 8 years of me being active duty. Makes no sense since all of the conditions I claimed were directly from my medical records. What memo was sent to the VA and by whom?
 
(Bump) I really need some good advice on what to do before my ratings are presented by the PEBLO.
 
I tried calling the VA today since it has been 10 days. They say they can't release the proposed ratings to me. What is the difference in proposed and final? And I tried to be super polite and understanding, but dude wasn't budging. Any advice to get them to fax it?
 
foggybayonet said:
I tried calling the VA today since it has been 10 days. They say they can't release the proposed ratings to me. What is the difference in proposed and final? And I tried to be super polite and understanding, but dude wasn't budging. Any advice to get them to fax it?
Click to expand...
has your IDES claim gone historical?
 
One has and the other says gathering evidence.
 
Yeah, that's the number I called today. I guess I'll keep trying Monday, maybe I can get a woman on the line to make sure it isn't the same guy.
 
Typically it is not an issue from talking to others, but my IDES claim closed back on July 7th and I 'm still waiting for percentages.
 
Does anyone have a clue as to what I can do to service connect everything the VA doesn't want to service connect? I'm still in the service and have been seen or I have reported all this stuff on post deployment health screenings. I'm at a lost on how they can just push all that stuff to the right and say nope.......Especially the central apnea which was diagnosed prior to the MEB ever starting........
 
I think its time to hire attorney to help you through the wickets.
 
Chris_USMC_E6,

Sorry to hear of your health troubles and the problems with your case. Not sure I have the answers for you, but I will offer my input. (Part of the issue(s) seems to be procedural in nature as to getting them resolved).

Here we go:

Chris_USMC_E6 said:
Let me start this post of saying I knew I was going to be in a pickle when I was sent to a C&P examiner that has had multiple complaints filed against her, but QTC still utilizes her. The general C&P exam was the worst evaluation I have ever received. I file a complaint with QTC, I followed up with a very angry conversation with the DoVA Rep at my location, and the PEBLO it at a lost of what I can do. As a result of the doctors lack of input into the exam my ratings are entirely messed up.
Click to expand...

Will touch on this more, below, but, part of the issues have to do with what you think is a good/correct outcome from the military vice the VA, what you have done to address the issues so far and what you can do to fix/address problems going forward.

Chris_USMC_E6 said:
Combine VA Rating-80%/DoD-Still Waiting

Referred conditions
DDD Lumber-20
Right shoulder Labral tear with instability-20
Click to expand...

I am guessing (or asking) that these above conditions you agree are your unfitting conditions? If not, did you disagree with the MEB/NARSUM?

If the above are right, then, I am figuring that your issue is with the VA.

Chris_USMC_E6 said:
(Bump) I really need some good advice on what to do before my ratings are presented by the PEBLO.
Click to expand...

The baseline answer to anyone who has concerns about their case and what the PEB may do after their case is already forwarded to the PEB, is to gather evidence to support their case, with specific attention to the issues you suspect/know will be inappropriately addressed (be it the fitness finding or the rating).

Understand, the Navy PEB will only make fitness findings. So, if your "beef" if with the ratings, that is a VA issue. For unfitting conditions, you can submit a VARR. But, if you satisfied with the unfit findings (based on what has been "referred") then your way ahead is to challenge the VA's findings once you are retired.

Chris_USMC_E6 said:
Does anyone have a clue as to what I can do to service connect everything the VA doesn't want to service connect? I'm still in the service and have been seen or I have reported all this stuff on post deployment health screenings. I'm at a lost on how they can just push all that stuff to the right and say nope.......Especially the central apnea which was diagnosed prior to the MEB ever starting........
Click to expand...

If I am reading between the lines correctly, sounds like most of your concerns are with the VA findings (not as relates to your likely USMC unfitting conditions). So, the answer there is, unfortunately, that you will likely have to wait until you are retired, then file a Notice of Disagreement with the VA. I think you should prevail on getting service connection for the issues you raised, above, but, this is going to be a VA issue, not an IDES issue. I see some "overlap" or rating of multiple conditions under one disability and diagnostic code.

There is a lot going on in your case from what you have written. Would need to know more to help further, but, my instinct (which is probably right) is that your fight is going to be with the VA once you are out. Good news, seems to me you have strong bases for winning your eventual appeals and seems like you should get to 100% on the VA side if my read is correct. You may have PEB/IDES issues, but, you seemed to indicate that you were not displeased or did not disagree with those likely forthcoming findings.

Hope this helped. Wish I had a more straight forward answer, but, I had to guess and assume some things and don't know exactly what is going on. What I can say is that, from what you have written, seems to me you will prevail in the long run.

Best of luck!

Jason
 
Jason Perry said:
Chris_USMC_E6,

Sorry to hear of your health troubles and the problems with your case. Not sure I have the answers for you, but I will offer my input. (Part of the issue(s) seems to be procedural in nature as to getting them resolved).

Here we go:



Will touch on this more, below, but, part of the issues have to do with what you think is a good/correct outcome from the military vice the VA, what you have done to address the issues so far and what you can do to fix/address problems going forward.



I am guessing (or asking) that these above conditions you agree are your unfitting conditions? If not, did you disagree with the MEB/NARSUM?

If the above are right, then, I am figuring that your issue is with the VA.



The baseline answer to anyone who has concerns about their case and what the PEB may do after their case is already forwarded to the PEB, is to gather evidence to support their case, with specific attention to the issues you suspect/know will be inappropriately addressed (be it the fitness finding or the rating).

Understand, the Navy PEB will only make fitness findings. So, if your "beef" if with the ratings, that is a VA issue. For unfitting conditions, you can submit a VARR. But, if you satisfied with the unfit findings (based on what has been "referred") then your way ahead is to challenge the VA's findings once you are retired.



If I am reading between the lines correctly, sounds like most of your concerns are with the VA findings (not as relates to your likely USMC unfitting conditions). So, the answer there is, unfortunately, that you will likely have to wait until you are retired, then file a Notice of Disagreement with the VA. I think you should prevail on getting service connection for the issues you raised, above, but, this is going to be a VA issue, not an IDES issue. I see some "overlap" or rating of multiple conditions under one disability and diagnostic code.

There is a lot going on in your case from what you have written. Would need to know more to help further, but, my instinct (which is probably right) is that your fight is going to be with the VA once you are out. Good news, seems to me you have strong bases for winning your eventual appeals and seems like you should get to 100% on the VA side if my read is correct. You may have PEB/IDES issues, but, you seemed to indicate that you were not displeased or did not disagree with those likely forthcoming findings.

Hope this helped. Wish I had a more straight forward answer, but, I had to guess and assume some things and don't know exactly what is going on. What I can say is that, from what you have written, seems to me you will prevail in the long run.

Best of luck!

Jason
Click to expand...
Jason thank you for the response. The VA proposed ratings for my referred conditions are fair and accurate for the IDES portion, it is the VA I have an issue with. When I made my list for the DoVA representative I took my med record from the PEBLO and went page by page with everything I have ever been seen for or had an outside provider diagnose. The for C&P exams they told me that a sleep study couldn't be conduct because there wasn't facility located near by. QTC made a psych, hearing, and general physician appointment for me. The psychologist reviewed my mental issues, but also my sleep study issues, which was odd to me but the issues did not relate and one was diagnosed way before the other. Hearing was a good exam and no issues there. General physician was the worst, the examiner just seem to not care about my case and ran through it, did touch my Q&A from QTC, and did not answer me when I was asking her questions. I knew my VA side of the case was going to be a battle at that point. It sucks having to fight this issue when I am out now. I have taking all the evidence and will take all the evidence, until they finalize my case, and upload it to ebenefits as supporting documents. Do you think this will help at all Mr. Perry? I will also ask for increases and reconsideration for all claimed and non service connected items also.
 
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