All kinds of crazy...Updated

aeilers

aeilers

PEB Forum Regular Member
Registered Member
Ok to start off, my other account was lost, so I had to start a new one.

So I had my C&P exam for several issues that have come up. One of them was for my chronic back pain resulting from an injury last August. My VA exam was scheduled for a total of 6 hours. I spent less than 30 minutes with the provider. She didn't even have me move out of a regular chair, she asked me a few questions and sat at her computer typing and filling out paperwork. She asked if my back pain was constant or comes and goes, I said its constant and unbearable.
She then told me I could leave. I asked about ROM, she said that she already had obtained an idea on how much my ROM is. I asked about the tool she is supposed to use, she told me it wasn't necessary.
So not knowing much, I left.
Come to find out from my PEBLO, this is optional?!?
My VA findings in the report were that my ROM is normal. I can attest that it is not normal, I can't tie my own boot! I can't pull my own pants on most days.
I talked to MEB Legal, wrote a rebuttal etc.

UPDATE:

So I obtained a new DBQ, range of motion less than 30 degrees in any direction, constant pain with flare ups. Unfavorable ankylosis of the entire spine, including the cervical spine. Diagnosis of lumbar spodylolisthesis, lumbar hypolordosis, and radiculopathy.
Forward flexion of 30-active, extension not able to perform, right lateral 20 degrees, left lateral 20 degrees, right lateral rotation of 25 and 25 for left lateral rotation. All movements with pain. Abnormal spinal contour, muscle spasm and guarding. Functional loss of excess fatigability, pain on movement, swelling, disturbance of locomotion, interference with sitting and standing. Nerve root involvement of L4/L5/S1/S2/S3. Intervertebral disc syndrome, with at least 2 weeks of incapacitating episodes in the past 12 months. There is also DJD noted (arthritis) Functional impact is sitting, standing, walking, lifting, getting up from prolonged sitting or lying down.

Cervical DBQ reads as: decreased ROM, Pain upon ROM, Hypolordosis, DJD, Headaches
ROM: Forward Flexion: 15, Extension 5, Right lateral 20. Left lateral 15, Right lateral rotation 45, left lateral 40
Decreased right arm strength, abnormal spinal contour, with muscle spasm and guarding, weakened movement, excess fatigability, pain on movement, swelling and interference with sitting.
Contributing factors to the disability: Patient has experienced flare-ups approx. 1-2x per week, with decreased ROM of 5-10 degrees forward flexion, extension of 0-5 degrees, no right lateral flexion, 5-10 degrees left lateral flexion, no right lateral rotation and left lateral rotation of 30-35 degrees. During flare-ups, patient loses 25-50% of already limited ROM. Also right arm strength decreases by 50%. Also have Unfavorable ankylosis of the entire spine (cervical and thoracolumbar). Nerve roots involved: c5/c6/c7.
Also Intervertebral disc syndrome is noted. Arthritis is documented in radiological reports.
Functional Impact: Right arm is used in front for driving, writing, keyboard, arms are used above shoulder level, weight in excess of 10-15lbs cannot be raised above shoulder level, patient must sit, stand for extended periods of time, and repetitive cervical flexion, extension, left lateral flexion and left rotation ranges of motion are disturbed.

So based on this long, detailed post, what kind of rating do you think I will get from DOD/VA?

AD Army 68C
MEB start: 9/15/15
C&P exam:10/20/15
IPEB memo received found UNFIT: 12/14/15
Rating Request sent to VA: 12/14/15
VA Rating Returned 1/11/16
PEB Rating returned 1/22/16
PEB/VA Reconsideration/New Evidence submitted 2/2/16
 
@gsfowler "Unfavorable ankylosis of the entire spine" can that be diagnosed by a MD, or does it have to be a specialist? Just curious if the VA is going to accept it from them. I know the doctor who wrote my narsum wouldn't add certain conditions because they weren't "properly" diagnosed by a specialist.
 
aeilers said:
@gsfowler "Unfavorable ankylosis of the entire spine" can that be diagnosed by a MD, or does it have to be a specialist? Just curious if the VA is going to accept it from them. I know the doctor who wrote my narsum wouldn't add certain conditions because they weren't "properly" diagnosed by a specialist.
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The way you had written it, I assumed that you received another C&P exam. Was the new DBQ filled out by a civilian doctor or by a VA C&P examiner?

If it was written by a civilian doctor, the VA may not use it for their ratings decision, however it can be submitted as evidence for a one time VA ratings reconsideration or formal PEB request.
 
The new DBQ was filled out by civillians, but I also have concurring military medical records that match what the doctor thinks it is. I was just informed this morning that I will have a formal board on 2 March.
 
Right now you are in a bit of a holding pattern pending your VARR and FPEB.

There is a bit of a break in your timeline from your previous account @acarr8 and what you currently are facing. What was the rating that the VA returned and what were the findings from the PEB?
 
gsfowler said:
Right now you are in a bit of a holding pattern pending your VARR and FPEB.

There is a bit of a break in your timeline from your previous account @acarr8 and what you currently are facing. What was the rating that the VA returned and what were the findings from the PEB?
Click to expand...

They didn't want to add my neck condition because my injury occurred after I had my C&P exam, gave me 10% for both. I am awaiting counsel.
 
What kind of ratings did you get for your previous conditions? Pls list them here.

I will add my 2 cents here. There is a huge discrepancy bet your VA CP exam and your civilian DBQ. They wont give you a new rating based on the civilian DBQ. I think the best course of action from their side will be to give you another CP exam. What you need to do is spam the military doctor visit once a week to develop a paper trail. My entire medical folder is 400 pages. When I went for my CP exam, there were literally paper trails of all my conditions with #'s from specialists, MRIs, Xrays, and results from a physical exam by a neurosurgeon.

The family med doc for my CP exam didn't have much room to put in her subjective findings bc all the evidences are on my file. We literally spend 5 hours for my CP exam, listing all objective findings.
 
Getting a second CP exam can be tricky. If the FPEB does thier job correctly, they will take the two DBQs and ask the VA to rate based on the worst one. If they don't do that, and instead choose to go with the obviously false first one with no ROM measurements.... Then know that the PEB is trying to steamroll right over you. Something similar happened to me although with a completely different set of medical conditions. If this happens you you, there is a way to request a second CP exam and that exam will get intense scrutiny from the highest levels, so it will likely be done correctly. This method should be a last resort. It is actually very easy, simply email a very politely worded explanation of your situation just as you've done here to [email protected] she works for the VA secretary himself. Her title is "action officer" and let me tell you, she gets results!!!

In my case, the FPEB decided against me, and the Army was trying its best to railroad me out as fast as they possibly could. I sent her an email just as my first VARR was submitted and so the VA was able to "pause" my case while a second CP was ordered, scheduled, and completed. This was a Godsend. It bought me extremely valuable time to get a second opinion confirming the diagnosis and the second CP examiner agreed. This was vital and resulted in an increase from 50% TDRL up to 100% PDRL. My condition never changed during this time, the only thing that changed was the opinion of the PEB and the VA, but the PEB only changed their opinion because they were forced to after the VA changed theirs. It resulted in a remand back to the MTF to get the narsum changed. Probably quite an embarassment to both the MEB and the PEB, but had they listened to the servicemember first, it was easily avoidable.
 
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tony292 said:
Getting a second CP exam can be tricky. If the FPEB does thier job correctly, they will take the two DBQs and ask the VA to rate based on the worst one. If they don't do that, and instead choose to go with the obviously false first one with no ROM measurements.... Then know that the PEB is trying to steamroll right over you. Something similar happened to me although with a completely different set of medical conditions. If this happens you you, there is a way to request a second CP exam and that exam will get intense scrutiny from the highest levels, so it will likely be done correctly. This method should be a last resort. It is actually very easy, simply email a very politely worded explanation of your situation just as you've done here to [email protected] she works for the VA secretary himself. Her title is "action officer" and let me tell you, she gets results!!!

In my case, the FPEB decided against me, and the Army was trying its best to railroad me out as fast as they possibly could. I sent her an email just as my first VARR was submitted and so the VA was able to "pause" my case while a second CP was ordered, scheduled, and completed. This was a Godsend. It bought me extremely valuable time to get a second opinion confirming the diagnosis and the second CP examiner agreed. This was vital and resulted in an increase from 50% TDRL up to 100% PDRL. My condition never changed during this time, the only thing that changed was the opinion of the PEB and the VA, but the PEB only changed their opinion because they were forced to after the VA changed theirs. It resulted in a remand back to the MTF to get the narsum changed. Probably quite an embarassment to both the MEB and the PEB, but had they listened to the servicemember first, it was easily avoidable.
Click to expand...

Tony292, is this possible to do once you're out of the Army? The reason that I ask this bc my first CP exam has falsified ROM. However, from the results, I will be military retired with 80% VA rating due to other conditions. I was wondering about amending this false numbers due to a job that I have lining up for me in 4-5 months. I don't want to spend another day in the Army if possible. Thank you.
 
It is possible once you are out, you'll have to file a NOD. If you can get a doctor to perform the rom measurements and fill out a DBQ, that will benefit you.
 
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