Rating Appeal, Good or Bad?

Redstripe101

Redstripe101

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Received my ratings today:
Condition listed as DDD, which is not correct.

40% DoD PDR
70% VA

Here is verbatim:

The onset of the Soldiers DDD of the lumbar spine began on or about 15 September 2010 at Fort Bragg, NC when he incurred a bad/hard parachute landing during Airborne Operation. This injury is an instrumentality of war. Despite conservative treatments, his condition has not improved. This condition is unfitting.

Any thoughts on my appealing?
 
From what I have read and heard, it doesn't matter what they call it. They only go off of the forward flexion. If you are happy and feel that they measured it properly it is good.
 
40% for your back? That's pretty good, I wouldn't appeal that, personally.
 
Last question:

Since I got 40% DoD and 70% VA, combat related, do I receive full retirement benefits such as TRICARE Prime for my Family, PX and Post privileges, etc etc and I get the 70% check from the VA?

I'm only asking because reading more and more on these sites makes me more confused or maybe I just question what I "think" i know.
 
Yea 40% is pretty good for your back
 
Initially you will get the 40% DOD. When your VA ratings are complete, you will then get the 70% VA, but no DOD pay. As soon as this happens, you will need to file for CRSC. If approved, CRSC will restore some of the DOD pay. It will all depend on how much the CRSC board combat connects.

Confusing, yes!. Basically until you have an approved CRSC claim, you will not be able to collect VA and DOD at the same time. The only other way around this is if you had 20 years of service, then you could apply for CRDP.

As far as your claim, 40% is high for DDD. I don't know your specific ROM numbers, but it takes a lot to get to 40%. If you appeal, yes you do put that at risk. That is the downfall. As of right now, you have an approved retirement that comes with all the same benefits of a 20 year retiree. My advice, have a lawyer look at it. Go to MEB counsel. Getting opinions in here are great, but in the end, I wouldn't trust my future to non professional advice.
 
ranger2992 said:
Initially you will get the 40% DOD. When your VA ratings are complete, you will then get the 70% VA, but no DOD pay. As soon as this happens, you will need to file for CRSC. If approved, CRSC will restore some of the DOD pay. It will all depend on how much the CRSC board combat connects.

Confusing, yes!. Basically until you have an approved CRSC claim, you will not be able to collect VA and DOD at the same time. The only other way around this is if you had 20 years of service, then you could apply for CRDP.

As far as your claim, 40% is high for DDD. I don't know your specific ROM numbers, but it takes a lot to get to 40%. If you appeal, yes you do put that at risk. That is the downfall. As of right now, you have an approved retirement that comes with all the same benefits of a 20 year retiree. My advice, have a lawyer look at it. Go to MEB counsel. Getting opinions in here are great, but in the end, I wouldn't trust my future to non professional advice.
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Thanks for the information, helps a lot. Would all of this take effect while I'm still in? Or will it be a mad dash to square things away once I'm out? What can I do NOW that will mitigate the run around. I'm trying to set my family and myself up for the best possible outcome. Friday I'll meet with Legal to review my ratings and then to AW2 to start looking in to VocRehab options.
I'm confused on your statement about CRSC board combat connects. My understanding, Airborne Operations, is considered Combat Related and "Hazardous Duty" is actually verbatim in the requirements. Clarify please.

Typically, 40% is high for DDD, but I havn't seen DDD until today. I ruptured my L5/S1, herniated my L4, L3, and displaced my coccyx. I know the biggest factor in my ROM results was Forward Flexion 10 degrees.

Thanks again for the reply.
 
You can get all your CRSC paperwork (DD2860) ready now, but will not be able to file until you have final ratings in hand. This will not happen until terminal leave is complete and you are discharged.

Your idea of getting ducks in a row is great. A lot of people don't do that and panic at the end. As far as CRSC being automatic because of airborne operations, it is not. You will have to fill out the DD 2860, attach your supporting documents, and send it to the CRSC board. They will evaluate your claim and make a decision.

Now with this in mind, it is a great time while still active to get copies of all your records and witness statements that link your injury to a CRSC approved condition. The more of that you get while active duty and around the people who can help you, the easier it will be. Download the current CRSC form from the Army CRSC website and it does a good job of walking you through how to connect the dots.
 
BTW, DDD is how they ate most back conditions. Your condition were evaluated by the VASRD, using your Range of Motion (ROM) numbers. If you have separate conditions, such as nerve impairment because of the herniation, you have to have that listed separately. If you have additional items they didn't list, you can base an appeal on that, but again, it puts what you have at risk.
 
To your previous reply, they have also listed on my DQ condition, "This injury is an instrumentality of war", would this by itself suffice for supporting documents for CRCS?

ranger2992 said:
BTW, DDD is how they ate most back conditions. Your condition were evaluated by the VASRD, using your Range of Motion (ROM) numbers. If you have separate conditions, such as nerve impairment because of the herniation, you have to have that listed separately. If you have additional items they didn't list, you can base an appeal on that, but again, it puts what you have at risk.
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Glad you mentioned this. They've listed my coccyx condition as a "sprain" even though it will never displace itself back to normal posture. I've never even had it looked at because the back injury has taken priority, which I'm just now seeing a surgeon 2 years after the injury and at the end of MEB which surgery will probably be denied.
Also, ever since my injury, I've had a numb spot (size of baseball) above my right knee. They've listed it as "Superficial neuropathy" and non DQ.
I'm getting more worried about an appeal the more I'm on this site, despite never hearing of ANYONE having a rating come back lower.

Thanks though
 
Redstripe101 said:
To your previous reply, they have also listed on my DQ condition, "This injury is an instrumentality of war", would this by itself suffice for supporting documents for CRCS?



Glad you mentioned this. They've listed my coccyx condition as a "sprain" even though it will never displace itself back to normal posture. I've never even had it looked at because the back injury has taken priority, which I'm just now seeing a surgeon 2 years after the injury and at the end of MEB which surgery will probably be denied.
Also, ever since my injury, I've had a numb spot (size of baseball) above my right knee. They've listed it as "Superficial neuropathy" and non DQ.
I'm getting more worried about an appeal the more I'm on this site, despite never hearing of ANYONE having a rating come back lower.

Thanks though
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I would say go for the appeal or wait and see if the VA raise your proposed ratings after they review your claim again to finalize your claim, and then if it stays the same but your condition gets worse the file for a higher rating
 
Might just do that, have you ever heard of anyone having a rating come back lower after an appeal?
 
No and I doubt they would lower it though since its based on flexion unless they see improved flexion, but you should go see a doc or peblo that's been dealing with cases for a very long time, I'm sure they would have more of an idea on if they received a lower rating from an appeal
 
Again I am sure the lawyer is going to give the best advice, but here is my take on an appeal for DDD. As part of the work up, you have to prove that there is additional evidence to support your appeal. Part of gathering this evidence could involve additional exams, if that is disputing. During these exams, your ROM could come back better and it would drastically cut your rating for your back. Take a look at the VASRD section for rating the spine. It's pretty cut and dry, and if your ROM doesn't hit a particular number, you will get a lower rating.

The problem with ROM, is it is far from perfect and very subjective. One Dr may give you 10 degrees and another may come back at 60 degrees. Do some reading on here and see how some people have been robbed during ROM examinations, and you will understand what I am saying. As of right now, you have 40% approved. This includes the full retirement package you were looking for.

Next take a look at what you reasonable gain from the additional DOD rating. The raducapathy (nerve problems) will gain 10-20% to your combined rating. This in actuality will gain you 10% to your combined rating and take you to 50% total. This is based on your 40% and VA math. They are going to take the 60% function you have left and multiply that by 20%. 60 X .20 = 12%, which rounds down to 10%. So as you can see a 20% bump only nets you 10%.

Let's say you are a E5 with 10 years, your high three is $3046. At 40% you are getting $1218 per month. At 50% it goes to $1523 per month. So you are netting $305 per month extra. That's not a whole lot to risk a made hand at 40%.

I guess the biggest thing I would do, and did do, is apply some good old fashioned risk management to the process. Look at the risk vs reward, and what the lawyers think are a reasonable outcome, and try and make a wise choice. Lastly, really take a hard look at the VASRD and see where you are going to fall. Go from there.
 
Sorry I missed the instrumentality of war comment you made. This will defiantly help your CRSC claim, but it is not a made claim. They use the 199 as evidence, but it does not guarantee you claim is approved. There is a guy on here named "Ed" and he is very smart with the CRSC claims. Hopefully he will chime in, or you can search posts by "Ed Merc" and see what he has to say. I will say they did approve my CRSC at 50% and most of the evidence I supplied was my 199 and VA exam notes.

What rank are you? How many years of service? What all were you rated for by both the VA and DOD?
 
I think I'm going to accept this rating and move on. As far as CRSC, I have multiple Doctor visits and my jump log to submit. Just hope they don't expect a video of me eating shit on Luzon lol

Thanks for the advice
 
Don't take a faceless member of an online forums advice as your basis to accept your rating. Take the advice of a trained legal adviser, the purple heart org, VFW, or Legion of Merit. These are people who look at this stuff often and have a good idea. I was just trying to explain you don't just want to automatically appeal based on not getting as high of percentage as you thought you would get. Go to your appointment on Friday, listen to what they say, and then make an educated guess on everything.
 
ranger2992 said:
Don't take a faceless member of an online forums advice as your basis to accept your rating. Take the advice of a trained legal adviser, the purple heart org, VFW, or Legion of Merit. These are people who look at this stuff often and have a good idea. I was just trying to explain you don't just want to automatically appeal based on not getting as high of percentage as you thought you would get. Go to your appointment on Friday, listen to what they say, and then make an educated guess on everything.
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exactly, ever since i started the MEB I was face deep into research because of how big the impact will be to my future. i'll never base a decision off just from non credited sources. But this forum has helped me in pointing me toward the facts and often answered questions and cleared any confusion. I don't think ANYONE will ever know every in and out of this IDES bullshit, but this helps me in pointing me toward Regs and Policy that I wouldn't have known about otherwise.
 
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