Received wonderful results but...

ronnym789

Well-Known Member
Registered Member
Hello all,

I'm happy to report that I received great results back from the IPEB.

Here is what they found:
DoD: 50% (Recommended Disposition: Permanent Retirement)
VA: 80% (Myofascial Pain and Fibromyalgia: 40%, Cervical and lumbar strain and spondylosis w/ degenerative disc disease: 10%, Adjustment disorder mixed with anxiety and depression: 50%, gastroesophageal reflux disease, 10%)

Conditions listed at 0%:
Allergic Rhinitis
Chronic Epididymitis
Prostatitis
Primary hypersomnia
Carpal Tunnel w/ median mononeuropathy
Ulnar neuropathy, right upper extremity
Entrapment peripheral neuropathy, left lower extremity
Entrapment peripheral neuropathy, right lower extremity

Let me say up front that I am extremely grateful for what I have received for ratings. I'm not looking for any hand outs but to receive what is fair compensation.

So I'm wondering what to do at this point... I have claims for many other conditions all of which received a 0% rating. I also have new symptoms which have started in the last 3 weeks (migraine-type problems). Firstly, if I am to ask for a reconsideration, I'm concerned that they will take away their recommended disposition of receiving a permanent retirement. Is it true that they can reverse this? Secondly, is it possible to add new diagnoses/diseases in the reconsideration? Thirdly, if I take their results from the IPEB, can I fight for more disability once I separate from the military as a retiree? If I take the third option, is there anything that I should consider before taking this option?

Thanks a lot for the help.

Ron
 

ohalty

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
when did you received your 199? I ve heard that system has been down for 2 weeks.
 

Robert Albright

PEB Forum Regular Member
PEB Forum Veteran
Hello all,

I'm happy to report that I received great results back from the IPEB.

Here is what they found:
DoD: 50% (Recommended Disposition: Permanent Retirement)
VA: 80% (Myofascial Pain and Fibromyalgia: 40%, Cervical and lumbar strain and spondylosis w/ degenerative disc disease: 10%, Adjustment disorder mixed with anxiety and depression: 50%, gastroesophageal reflux disease, 10%)

Conditions listed at 0%:
Allergic Rhinitis
Chronic Epididymitis
Prostatitis
Primary hypersomnia
Carpal Tunnel w/ median mononeuropathy
Ulnar neuropathy, right upper extremity
Entrapment peripheral neuropathy, left lower extremity
Entrapment peripheral neuropathy, right lower extremity

Let me say up front that I am extremely grateful for what I have received for ratings. I'm not looking for any hand outs but to receive what is fair compensation.

So I'm wondering what to do at this point... I have claims for many other conditions all of which received a 0% rating. I also have new symptoms which have started in the last 3 weeks (migraine-type problems). Firstly, if I am to ask for a reconsideration, I'm concerned that they will take away their recommended disposition of receiving a permanent retirement. Is it true that they can reverse this? Secondly, is it possible to add new diagnoses/diseases in the reconsideration? Thirdly, if I take their results from the IPEB, can I fight for more disability once I separate from the military as a retiree? If I take the third option, is there anything that I should consider before taking this option?

Thanks a lot for the help.

Ron
I had 50% and 70% and went to the formal board; they added my new conditions and I'm waiting on the VA reconsideration. To me it comes down to the evidence you have. I had nerve conduction studies proving Radiculopathies in my arms and legs.I also had documentation showing that they had progressed from loss of sensation to motor deficits.

I would gather more evidence on neuropathies and ask for a VA reconsideration. Do they affect your ability to perform your activity of daily living? Have you been seen by occupational therapy?

The only reason I would see for going to the formal PEB is if you have new failing conditions; or if you believe some of your non-failing conditions should be listed as failing. I was told that the only way you can add new conditions at this stage is to go to the FPEB. It is a possibility that you could be put on TDRL if you go to the FPEB. My understanding is that the PEB must readjust their percentages based on any changes generated by the VA reconsideration.

Something that really stands out to me in your ratings is "Cervical and lumbar strain and spondylosis w/ degenerative disc disease: 10%" I'm hoping you meant 10% each as each of these spinal segments should be rated seperately.
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Hello all,


So I'm wondering what to do at this point... I have claims for many other conditions all of which received a 0% rating. I also have new symptoms which have started in the last 3 weeks (migraine-type problems). Firstly, if I am to ask for a reconsideration, I'm concerned that they will take away their recommended disposition of receiving a permanent retirement. Is it true that they can reverse this? Secondly, is it possible to add new diagnoses/diseases in the reconsideration? Thirdly, if I take their results from the IPEB, can I fight for more disability once I separate from the military as a retiree? If I take the third option, is there anything that I should consider before taking this option?

Thanks a lot for the help.

Ron
1. The VA provides your percentages to the PEB for "unfit" conditions. A VA reconsideration doesn't involve the PEB so PDRL or TDRL shouldn't change.
2. It's possible for new conditions to be added, but you would most likely have to appeal and go to the FPEB. In the meantime a lawyer might be able to have them added before your hearing date. If you only want a higher VA rating than either request for reconsideration or appeal after you are retired. Keep in mind the pay difference between 50-75% DoD, or whatever you feel the PEB should award. If it's minimal or less than the VA pay it might not be worth appealing the DoD rating.
3. If you accept the DoD findings now you are agreeing. You are passing up two levels of appeal before leaving the military. Then you would have to fight it out at the BCMR and/or Federal Court. So yes, you can appeal afterwards; however it will be costly, time consuming, and possibly no benefit. This is just my opinion on the matter.

Keep in mind with Fibro they can lump many symptoms/conditions under it. The VA rates them only once. In your case it's possible they are awarding 0% because those conditions are associated with fibro or something else.
 

Cheezypoof

PEB Forum Regular Member
Registered Member
You can request a reconsideration to the VA thru your MSC or PEBLO. But you will need New or Good paperwork to support it.. Also if you decide to just sign ,wait about 2 to 3 months after you receive VA check to Add new or to upgrade pre existing conditions . VA might hold check for reconsideration of new or upgrading a already compensated condition. You have a year with VA to challenge there decision. You can add a claim or further paperwork thru Ebenifits premium account.
 
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