C&P Exams/NARSUM questions

[Bananers]

During DTAP, the PEBLO made it sound like that the only conditions that would be considered by the PEB are those that were "referred" by the initiating doc. Is this true? To me, that sounds a bit strange, especially if the doc hasn't been your doctor for the last bunch of years. I do know that conditions independently may not be disquallifying, but when you "add" them together they can be. How does that work?

Also, if during the C&P exam, new conditions are found, are they included in the VA claim and/or considered by the PEB if applicable?

Thanks a bunch!

 

[medicalmystery]

During DTAP, the PEBLO made it sound like that the only conditions that would be considered by the PEB are those that were "referred" by the initiating doc. Is this true? To me, that sounds a bit strange, especially if the doc hasn't been your doctor for the last bunch of years. I do know that conditions independently may not be disquallifying, but when you "add" them together they can be. How does that work?

Also, if during the C&P exam, new conditions are found, are they included in the VA claim and/or considered by the PEB if applicable?

Thanks a bunch!

Hi,
I am currently going through the early stage of IDES (still in MEB) and from my experience, thus far, the new conditions that are found on the C&P exam will be added. Rather, they should be added and if any of the conditions, (new and old) are found unfitting, then they will be added in addition to the referring condition. Search through the forums on here, they are very helpful. From what I have gathered, if they don't meet retention standards or are eligible for MEB referral as outlined in AR 40-501 Section 3, the conditions have a high probability of being found unfit. I'm sure you will get more responses from the experts though, good luck!!

 

[Jason Perry]

I have heard the military/MTFs/MEBs/PEBs state a million times say that only "referred" conditions will be considered. I won't go into a lengthy explanation of why this is wrong; the standard for "rating" a condition is that it causes or is contributory to unfitness. See 10 USC 1216a. ("(b) Consideration of All Medical Conditions.— In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.)." They may state otherwise, but all conditions should be considered. To not consider relevant conditions is the very definition of an "arbitrary and capricious" decision.

Not to say that I don't have faith the the PEB will likely make the wrong call or ignore the issues.

 

[SGT Bob]

Yep, I had several issues come out of the C&P exam such as tinnitus and severe depression and they were added as unfitting conditions.

 

[Gomez]

SGT Bob, did you mean to say that the conditions were added as 'unfitting'? If you are in the MEB, a determination of unfitness has not been made yet. Only the PEB can determine if a condition is unfitting. When you say "they were added" what document are you referring to? The VA/DOD Form 21-0819 or what?

The big issue in this thread is the Army's position that only "referred conditions" are considered by the PEB for determination of unfitness and subsequently a DoD rating. As Jason said, this is wrong, but they appear do it routinely. The problem with their approach is that by only considering referred conditions, they are able to reduce the number of conditions that the PEB considers even though they should be considering them for determination of unfitness and DoD rating. Their approach creates confusion for soldiers because they (the soldiers) think that the conditions the soldier gets added during the MEB will be considered by the PEB for determination of unfitness and DoD rating. They generally will not be considered. Only the "referred" conditions are normally considered by the PEB. All the others are normally just passed on to the VA for the VA's own rating and are not included in the PEB's fiitness determination and DoD rating.