Jason Perry
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In most cases servicemembers talk to an attorney after demanding a formal. If the attorney has provided complete advice he or she will have explained the VASRD criteria for getting rated for a condition. When presenting the case the servicemember will usually try to submit evidence of their condition as it relates to the VASRD criteria. This is important to do if you are going to get rated properly but it creates another issue.
I recall having a conversation with one of the Doctors who sits on the PEB about this phenomenon. She pointed out that sometimes it is hard for them to discern when a Soldier is only parroting what we (the attorneys) tell them they need to say or if the Soldier truly has the symptoms they describe at the Formal PEB. She understood that they don't usually know the rating criteria until they meet with an attorney, but it undercuts the strength of the case by not having medical records supporting what the Soldier says. The Board does not reject the evidence out of hand but it is more skeptical if the evidence has not been documented previous to the couple of weeks before the Board.
This catch-22 is easily remedied if the servicemember is armed with some knowledge. My strong recommendation to anyone referred to an MEB is to find the appropriate code in the VASRD and look up what they need to get for each rating. Then on the next visit with their doctor they need to start documenting the occurrence of the condition. A word of caution here. I have seen Narrative Summaries to the MEB come back with a notation that the Soldier was "concerned about their rating and discussed 'x, y, or z'." If you are going to discuss with the doctor you need to just present the facts and do not go into why you want this documented. It is better to have a note that reads, "Soldier's chief complaint- (and then have the condition described)..." This makes the case look factual and not driven by the desire for a rating.
The common thread with a lot of the issues in preparing a case for a Board is that you are better off having a consistent argument and a consistent set of facts than raising something late in the game. This is not always possible but is something to strive for.
I recall having a conversation with one of the Doctors who sits on the PEB about this phenomenon. She pointed out that sometimes it is hard for them to discern when a Soldier is only parroting what we (the attorneys) tell them they need to say or if the Soldier truly has the symptoms they describe at the Formal PEB. She understood that they don't usually know the rating criteria until they meet with an attorney, but it undercuts the strength of the case by not having medical records supporting what the Soldier says. The Board does not reject the evidence out of hand but it is more skeptical if the evidence has not been documented previous to the couple of weeks before the Board.
This catch-22 is easily remedied if the servicemember is armed with some knowledge. My strong recommendation to anyone referred to an MEB is to find the appropriate code in the VASRD and look up what they need to get for each rating. Then on the next visit with their doctor they need to start documenting the occurrence of the condition. A word of caution here. I have seen Narrative Summaries to the MEB come back with a notation that the Soldier was "concerned about their rating and discussed 'x, y, or z'." If you are going to discuss with the doctor you need to just present the facts and do not go into why you want this documented. It is better to have a note that reads, "Soldier's chief complaint- (and then have the condition described)..." This makes the case look factual and not driven by the desire for a rating.
The common thread with a lot of the issues in preparing a case for a Board is that you are better off having a consistent argument and a consistent set of facts than raising something late in the game. This is not always possible but is something to strive for.