Question about DA 3947

jesse_allen0022

Member
Registered Member
Hey guys, I started my MEB/PEB on November 14th, 2013 and am awaiting my VA ratings.

On my DA3947, I have 21 total listings, two of which do not meet retention standards (DDD of cervical spine with cervical radiculopathy & DDD of the lumbar spine with radiculopathy).

10 of the listings say "Meets retention standards" (DJD right ankle, DJD left ankle, surgical scars, TMJ dysfunction, hearing loss, bilateral tinnitus, congenital tympanic perforation, deviated nasal septum, and right shoulder bicipital tendinitis).

9 of the listings say "No medical basis" (right and left knee strain, right and left shoulder impingement syndrome, right hip pain non-specific, right and left ankle sprain chronic, cholesteatoma, and adhesive middle ear disease).

My questions are this...

The listings that say "No medical basis"...will they automatically get 0% from the VA because there is apparently no medical basis? With the same logic, will the listings that say "meet retention standards" automatically get a percentage because there is apparently medical basis?

The two listings that do not meet retention standards, will they rate each condition with the radiculopathy or rate the radiculopathy separate? The radiculopathy is located in the same box as the DDD.

Also on the DDD with radiculopathy, does the DoD use the same ratings process the VA does? For example, if the cervical DDD with radiculopathy is rated 20% and the lumbar is 10%, will that equal 30%?

Any help is greatly appreciated!
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
Hey guys, I started my MEB/PEB on November 14th, 2013 and am awaiting my VA ratings.

On my DA3947, I have 21 total listings, two of which do not meet retention standards (DDD of cervical spine with cervical radiculopathy & DDD of the lumbar spine with radiculopathy).

10 of the listings say "Meets retention standards" (DJD right ankle, DJD left ankle, surgical scars, TMJ dysfunction, hearing loss, bilateral tinnitus, congenital tympanic perforation, deviated nasal septum, and right shoulder bicipital tendinitis).

9 of the listings say "No medical basis" (right and left knee strain, right and left shoulder impingement syndrome, right hip pain non-specific, right and left ankle sprain chronic, cholesteatoma, and adhesive middle ear disease).

My questions are this...

The listings that say "No medical basis"...will they automatically get 0% from the VA because there is apparently no medical basis? With the same logic, will the listings that say "meet retention standards" automatically get a percentage because there is apparently medical basis? No medical basis typically means that the condition was noted by the C&P physician, however there was either not enough information at the time of the C&P evaluation, or not enough medical evidence to properly rate it. This is just the opinion of the C&P doctor. Your VA MSC may request further evaluation before this gets sent to the DRAS for rating.

You can request a IMR if you feel you have the medical evidence to show that there is a medical basis for the claimed conditions.


The two listings that do not meet retention standards, will they rate each condition with the radiculopathy or rate the radiculopathy separate? The radiculopathy would be rated with the DDD, typically they rate the spine based upon the measured range of motion during your C&P exam. The radiculopathy is located in the same box as the DDD.

Also on the DDD with radiculopathy, does the DoD use the same ratings process the VA does? The VA rates the condition and the DoD applies it. For example, if the cervical DDD with radiculopathy is rated 20% and the lumbar is 10%, will that equal 30%? Ultimately it would be 30%, because of the combined ratings calculator. (Actual rating is 28% and it gets rounded up to 30%)

Any help is greatly appreciated!

You can get a pretty good idea of what the ratings will be from the cervical and lumbar conditions by matching up the range of motion documented during the C&P evaluation with the VASRD
 

jesse_allen0022

Member
Registered Member
Hey guys, I started my MEB/PEB on November 14th, 2013 and am awaiting my VA ratings.

On my DA3947, I have 21 total listings, two of which do not meet retention standards (DDD of cervical spine with cervical radiculopathy & DDD of the lumbar spine with radiculopathy).

10 of the listings say "Meets retention standards" (DJD right ankle, DJD left ankle, surgical scars, TMJ dysfunction, hearing loss, bilateral tinnitus, congenital tympanic perforation, deviated nasal septum, and right shoulder bicipital tendinitis).

9 of the listings say "No medical basis" (right and left knee strain, right and left shoulder impingement syndrome, right hip pain non-specific, right and left ankle sprain chronic, cholesteatoma, and adhesive middle ear disease).

My questions are this...

The listings that say "No medical basis"...will they automatically get 0% from the VA because there is apparently no medical basis? With the same logic, will the listings that say "meet retention standards" automatically get a percentage because there is apparently medical basis? No medical basis typically means that the condition was noted by the C&P physician, however there was either not enough information at the time of the C&P evaluation, or not enough medical evidence to properly rate it. This is just the opinion of the C&P doctor. Your VA MSC may request further evaluation before this gets sent to the DRAS for rating.

You can request a IMR if you feel you have the medical evidence to show that there is a medical basis for the claimed conditions.


The two listings that do not meet retention standards, will they rate each condition with the radiculopathy or rate the radiculopathy separate? The radiculopathy would be rated with the DDD, typically they rate the spine based upon the measured range of motion during your C&P exam. The radiculopathy is located in the same box as the DDD.

Also on the DDD with radiculopathy, does the DoD use the same ratings process the VA does? The VA rates the condition and the DoD applies it. For example, if the cervical DDD with radiculopathy is rated 20% and the lumbar is 10%, will that equal 30%? Ultimately it would be 30%, because of the combined ratings calculator. (Actual rating is 28% and it gets rounded up to 30%)

Any help is greatly appreciated!

You can get a pretty good idea of what the ratings will be from the cervical and lumbar conditions by matching up the range of motion documented during the C&P evaluation with the VASRD


Thank you for the help! Much appreciated!

So, should I expect a rating of zero for the "no medical basis" if no additional info is requested on it?

What about the conditions that say "meets retention standards?" Should I expect at least 10% for each of those?

Thanks again!
 

Warrior644

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Hey guys, I started my MEB/PEB on November 14th, 2013 and am awaiting my VA ratings.

On my DA3947, I have 21 total listings, two of which do not meet retention standards (DDD of cervical spine with cervical radiculopathy & DDD of the lumbar spine with radiculopathy).

10 of the listings say "Meets retention standards" (DJD right ankle, DJD left ankle, surgical scars, TMJ dysfunction, hearing loss, bilateral tinnitus, congenital tympanic perforation, deviated nasal septum, and right shoulder bicipital tendinitis).

9 of the listings say "No medical basis" (right and left knee strain, right and left shoulder impingement syndrome, right hip pain non-specific, right and left ankle sprain chronic, cholesteatoma, and adhesive middle ear disease).

My questions are this...

The listings that say "No medical basis"...will they automatically get 0% from the VA because there is apparently no medical basis? With the same logic, will the listings that say "meet retention standards" automatically get a percentage because there is apparently medical basis?

The two listings that do not meet retention standards, will they rate each condition with the radiculopathy or rate the radiculopathy separate? The radiculopathy is located in the same box as the DDD.

Also on the DDD with radiculopathy, does the DoD use the same ratings process the VA does? For example, if the cervical DDD with radiculopathy is rated 20% and the lumbar is 10%, will that equal 30%?

Any help is greatly appreciated!

Welcome to the PEB Forum! :)

From my experiences within the DoD IDES MEB/PEB process, I offer feedback to your inquiries as follows:

Q1. The listings that say "No medical basis"...will they automatically get 0% from the VA because there is apparently no medical basis?
A1. Unknown but an automatic DoVA 0% rating is not a guarantee. It may seem that those medical conditions shall potentially receive a "no service connection - no diagnosis" evaluation albeit it's based upon each medical condition's symptomatology as evaluated by the DoVA D-RAS in accordance with 38 CFR VASRD.

Q2. With the same logic, will the listings that say "meet retention standards" automatically get a percentage because there is apparently medical basis?
A2. Unknown since the DoVA rating is based upon if a medical condition is "chronic" and meets the criteria listed in the 38 CFR VASRD.

Q3. The two listings that do not meet retention standards, will they rate each condition with the radiculopathy or rate the radiculopathy separate? The radiculopathy is located in the same box as the DDD.
A3a. If listed together than you shall receive one overall DoVA rating if it meets the criteria listed in the 38 CFR VASRD.
A3b. It seems that you need to appeal to have the radiculopathy as a separate PEB referred unfitting condition for both your cervical spine medical condition and lumbar spine medical condition. Since you had already signed the DA Form 3947, you will need to wait for the IPEB findings inclusive of DoD and DoVA ratings and then demand a Formal PEB hearing and VARR request for any potential correction.

Q4. Also on the DDD with radiculopathy, does the DoD use the same ratings process the VA does?
A4. Upon the PEB's receipt of the DoVA D-RAS rating decision with rationale documentation, the DoD IDES (PEB) must adopt the DoVA rating(s) all for PEB referred unfitting condition(s).

Q5. For example, if the cervical DDD with radiculopathy is rated 20% and the lumbar is 10%, will that equal 30%?
A5. In that particular scenario, the combined DoVA rating would equal 28% but it shall round up to an overall combined DoVA rating of 30%.

Moreover, did you list the "right and left knee strain, right and left shoulder impingement syndrome, right hip pain non-specific, right and left ankle sprain chronic, cholesteatoma, and adhesive middle ear disease" medical conditions on your VA Form 21-0819 via the MSC initial appointment?

As such and if so, then the DoVA D-RAS shall evaluate all of your aforementioned medical conditions for a potential disability rating.

If not, then I would strongly suggest at your forthcoming MSC face-to-face exit interview that you either add those medical conditions to your current DoVA claim or add a new DoVA claim with those medical conditions prior to your departure from the DoD IDES process.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Last edited:

jesse_allen0022

Member
Registered Member
Welcome to the PEB Forum! :)

From my experiences within the DoD IDES MEB/PEB process, I offer feedback to your inquiries as follows:

Q1. The listings that say "No medical basis"...will they automatically get 0% from the VA because there is apparently no medical basis?
A1. Unknown but an automatic DoVA 0% rating is not a guarantee. It may seem that those medical conditions shall potentially receive a "no service connection - no diagnosis" evaluation albeit it's based upon each medical condition's symptomatology as evaluated by the DoVA D-RAS in accordance with 38 CFR VASRD.

Q2. With the same logic, will the listings that say "meet retention standards" automatically get a percentage because there is apparently medical basis?
A2. Unknown since the DoVA rating is based upon if a medical condition is "chronic" and meets the criteria listed in the 38 CFR VASRD.

Q3. The two listings that do not meet retention standards, will they rate each condition with the radiculopathy or rate the radiculopathy separate? The radiculopathy is located in the same box as the DDD.
A3a. If listed together than you shall receive one overall DoVA rating if it meets the criteria listed in the 38 CFR VASRD.
A3b. It seems that you need to appeal to have the radiculopathy as a separate PEB referred unfitting condition for both your cervical spine medical condition and lumbar spine medical condition. Since you had already signed the DA Form 3947, you will need to wait for the IPEB findings inclusive of DoD and DoVA ratings and then demand a Formal PEB hearing and VARR request for any potential correction.

Q4. Also on the DDD with radiculopathy, does the DoD use the same ratings process the VA does?
A4. Upon the PEB's receipt of the DoVA D-RAS rating decision with rationale documentation, the DoD IDES (PEB) must adopt the DoVA rating(s) all for PEB referred unfitting condition(s).

Q5. For example, if the cervical DDD with radiculopathy is rated 20% and the lumbar is 10%, will that equal 30%?
A5. In that particular scenario, the combined DoVA rating would equal 28% but it shall round up to an overall combined DoVA rating of 30%.

Moreover, did you list the "right and left knee strain, right and left shoulder impingement syndrome, right hip pain non-specific, right and left ankle sprain chronic, cholesteatoma, and adhesive middle ear disease" medical conditions on your VA Form 21-0819 via the MSC initial appointment?

As such and if so, then the DoVA D-RAS shall evaluate all of your aforementioned medical conditions for a potential disability rating.

If not, then I would strongly suggest at your forthcoming MSC face-to-face exit interview that you either add those medical conditions to your current DoVA claim or add a new DoVA claim with those medical conditions prior to your departure from the DoD IDES process.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

Thanks for the info!

Yes, all conditions I mentioned in this thread are in the paperwork I have submitted to the VA.
 

Warrior644

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Thanks for the info!

Yes, all conditions I mentioned in this thread are in the paperwork I have submitted to the VA.

Indeed, good deal and you are welcome! :)

At this point, upon completion of your proposed ratings by the DoVA D-RAS, you shall received an opportunity to view the rating decision with rationale documentation when the PEBLO received your IPEB findings inclusive of DoD and DoVA proposed ratings.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Top