Referred condition deferred by VA, what now?

LiteHeaded

PEB Forum Regular Member
Registered Member
Long time lurker, but have a question.

Two conditions referred to MED Board. Ratings came in but one was deferred by the VA. So what now? Is the VA going to ask for more info from the physician that did the C&P exam? Could the PEB rate without VA on their own?

From what I appreciate it is over nerve pain, VA couldn't determine sciatica or femoral. Ironically both rate the same.

What do you folks think will happen? Or could happen?
 

LiteHeaded

PEB Forum Regular Member
Registered Member
One week later and still not change.

Va closed case on 22 May. MSC could see that the ratings were returned to the PEB. Normally the PEB would apply ratings to the 199 and send to the PEBLO. I am concerned since one of the service disqualifying conditions was deferred from the VA the process just got stuck, and stuck real good.

Anyone have any idea of what could happen from here?
 

LiteHeaded

PEB Forum Regular Member
Registered Member
Suggestion was made that the VA made a request to the examining physician to clarify. I am hoping the physician has enough notes or remembers our encounter to clarify. Hoping it doesn't end up as a new C&P.
 

GUNS'N'STUFF

Well-Known Member
PEB Forum Veteran
Registered Member
Long time lurker, but have a question.

Two conditions referred to MED Board. Ratings came in but one was deferred by the VA. So what now? Is the VA going to ask for more info from the physician that did the C&P exam? Could the PEB rate without VA on their own?

From what I appreciate it is over nerve pain, VA couldn't determine sciatica or femoral. Ironically both rate the same.

What do you folks think will happen? Or could happen?
What is the other condition for the MED Board? Are you speaking NARSUM MEB referral here or you already in the IDES? Your never conditions would have to be linked by causation. Neuro is supposed to be treated and rated on its own (separately) and unfortunately this is a widely abused practice.
 

chaplaincharlie

Super Moderator
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More details would help. There are a number of reasons a deferral can occur.
 

LiteHeaded

PEB Forum Regular Member
Registered Member
Two referred conditions. Back (ruptured and herniated disc) and radiculopathy. The radiculopathy is what was deferred as the VA rater couldn't determine which nerve is causing the nerve pain, femoral or sciatica. I am already in IDES with a "case closed as of May 22nd" with the VA. The ratings have been sent to the PEB but without a rating attached to one of the referred conditions I don't know what to expect. PEBLO only offers the "nothing yet, will let you know when I receive your 199" line.

I guess I was looking to see if anyone has experienced or seen a VA deferral that was part of the un-qualifying for service conditions.

Thanks
 

chaplaincharlie

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Have you talk to your service free legal counsel for PEBs? If not, do so ASAP.
 

LiteHeaded

PEB Forum Regular Member
Registered Member
Have you talk to your service free legal counsel for PEBs? If not, do so ASAP.
Yes, we have been communicating. He has actually been awesome with providing what information he can. It seems the ball is in the court of VA at the moment. Just was looking to see if anyone else experienced a similar situation and how it was resolved. I have no reason to believe at the moment it is not being worked. Trying to determine the time frame to resolution may he difficult.
 

Warrior14

New Member
Registered Member
Yes, we have been communicating. He has actually been awesome with providing what information he can. It seems the ball is in the court of VA at the moment. Just was looking to see if anyone else experienced a similar situation and how it was resolved. I have no reason to believe at the moment it is not being worked. Trying to determine the time frame to resolution may he difficult.
Your thread is the only one that I can reference as I am in the same situation. Claim went to PEB on Sept 14th and ratings received Oct 6th. However, PEBLO informed me that one of my referred conditions was deferred. I did some leg work and called the VA. Apparently they needed clarification from the provider who conducted C&P exam; that was received on Oct 13th. I don't know what to do! My MSC is worthless.
Any advice would he helpful!
 
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