REBUTTAL OR ACCEPTANCE OF NARSUM

I

Ian F

PEB Forum Regular Member
Registered Member
I was wondering if anyone could help me with this. I just received my NARSUM and am a little worried I won't reach the 30% to retire. The NARSUM lists DDD and restrolisthesis as unfitting. I suffer from radiculopathy in both upper legs. However, the radiculopathy was listed as fitting. I know its a secondary condition to the spine. My question is this: even though the Radiculopathy is found to meet the standards, will it be looked at by the PEB as a secondary rateable condition? Should I send in a rebuttal to have it listed as unfitting? I am in Belgium and am trying to get legal counsel in the meantime, but I know I have 7 days to send in a rebuttal.

Help would be greatly appreciated.
 
All conditions are suppose to be considered by the IPEB. The Narrative Summary is a summary of your medical conditions and is not decisive in itself.
 
Thanks for the response. I appreciate it. Spoke with lawyer who said if back is the only thing looked at Im looking at 10% DOD/ 90 VA. She recommended I write a personal impact statement and will likely have to ask for a PFEB based on the MEB (which was written by a doctor who has never seen me).

Does anyone have a sample statement?

History is 13 years AD Army with 2 deployments (1 combat). I want to make sure my family is taken care of insurance wise as I will be trying to get training in a new field. Stellar OERs and NCOERs…
 
Typically the MEDBOARD will look specifically at what precludes you from doing your job. I'm not sure what all is captured in your 90%, but as an officer, you expected to lead from the front. If you have issues in there that make it hard to lead from the front or take care of your soldiers, I would include that in your statement. For example, if you have back injuries then state that your passion and goals were to be an active officer participating with the soldiers to boost morale--- a visible leader is a known leader. If your leader is there in the suck with you, then you know that is a good leader. Something that conveys your love of soldiers that is made increasingly difficult.
 
Only your unfitting conditions will be rated by the PEB. I think it is very unlikely they will go against the Narsum. I would personally contest it at the Narsum stage. Then again, I havent seen your DBQs and if the VA isn't giving you impact of radiopathy.. then it will be hard to change your Narsum writter's mind. There is always the possibility that PEB evaluators know to include your Radiculopathy.
you could concur with comments, that Radiculopathy is unfitting according to AR40-501, even if it is 0%
 
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