I was informed about this forum for SM that are going through an MEB/PEB. Hopefully, it's not too late for advice or suggestions.
I am currently in the PEB phase of my case and the reconsideration was denied setting a formal board hearing in November. I will not have access to legal until September due to a backlog of cases. At this point I'm stumped on what questions to ask and put pressure for legal assistance earlier than September. My case details are as follows:
I was referred to the MEB/PEB for the conditions of lower back and neck injury/pain. I do not have an LOD for any specific incident regarding the referred conditions but I was provided with an IDRM stating "my conditions of (a) Cervical Radiculopathy, Disc Displacement, and (b) Lumbar Radiculopathy, Disc disease is presumed to have been incurred or aggravated during a qualified duty status greater than 30 days and is determined to be In Line of Duty for DES referral."
The MEB determined my conditions existed prior to service and disregarded the IDRM. I contested their decision and submitted a rebuttal with additional medical documentation overturning the MEB decision with the physician stating, "given the soldier’s age and MOS is reasonable to assume diagnoses 1-2, 3 and 4 have been permanently service aggravated. The PEBLO will be instructed to list conditions 1,2, 3 and 4 as EPTS, yes, PSA yes."
Within that time I had a VES appointment set by the VA for the referred conditions. My examiner did a terrible evaluation. The Nurse Practitioner did not conduct an ROM for either cervical or lumbar or nerve exam, but instead I was physically manipulated to turn my neck and hinge at the end of the table causing extreme pain. On the DBQ's the NP stated, "The Veteran has a history of neck/back pain, performing active range of motion could aggravate the underlying pathology causing more significant pain, so it was not done/ therefore, test was not performed". Immediately after receiving the DBQ's I submitted a personal statement with VA Form 21-4138 stating the examination and requesting a reconsideration. I submitted the personal statement and VA Form 21-4138 to my PEBLO and MSC, but my request was not granted.
I selected to do the IDES ,but declined to submit a claim for VA benefits as part of the IDES program. I already have a 100% VA rating and was concerned that the IDES would have an impact on my current rating. I now realize that it was a mistake but not certain if my selection to decline the submission for a VA claim. Both the PEB and MSC said that the reconsideration has to be initiated by the PEB/MEB the rater for any additional VA exams.
My case was then submitted into the PEB and received the PEB VA ratings of:
Left upper extremity (non-dominant) cervical radiculopathy 20%
Right upper extremity (dominant) cervical radiculopathy 20%
Cervical spine strain 10%
Left lower extremity lumbar radiculopathy 10%
Lumbosacral spine strain; spinal stenosis 10%
My IPEB DA Form 199 the disposition from the Board is that I'm unfit for duty, recommends a rating of 20% severance pay and severance pay. 10% for cervical neck strain; degenerative disc disease other than intervertebral disc syndrome (MEB Dx 1-2). 10% for lumbosacral strain; spinal stenosis (MEB Dx 3-4).
I declined the severance pay and appealed the findings. I submitted MFR's plus a personal statement. In the MFR's and Personal statement, under the advisement of legal, my PTSD was mentioned even though it is not one of my referred conditions. My appeal was denied and a formal board date has been set for Nov.
The IPEB Response is as follows:
1. The Physical Evaluation Board (PEB) received your DA Form 199, Informal PEB Proceedings with non-concurrence. The PEB found you unfit for continued military service, recommending Separation with Severance Pay (SWSP) at a disability rating of 20%. The PEB acknowledges your demand for a Formal Hearing with personal appearance and regularly appointed counsel.
2. Your appeal memorandum and casefile were carefully reviewed. In your appeal, you contend that your bilateral upper and lower extremity radiculopathies, Migraines, lumbar spine, and posttraumatic stress disorder are unfitting. First, your lumbar spine condition (MEB Dx 3-4) was found unfitting at rated at 10% (VASRD 5237). Second, your claimed bilateral upper and lower extremity radiculopathies and posttraumatic stress disorder were not listed on your most current DA 3947. These conditions were not claimed with the VA. These conditions, including your migraine condition, are not listed on your current or any historical DA 3349 (physical profile record) and are not specifically addressed on the DA 7652 (DES Commander’s Performance and Functional Statement) as limiting or restricting you from completing your MOS related duties. There were no specialist notes included in your appeal that recommends any functional activity limitations to be added to your DA 3349, that this condition has failed all conservative treatments, and there is no Line of Duty for these conditions.
3. The preponderance of evidence currently available for PEB review, does not indicate that your contended condition is unfitting. Therefore, in accordance with your request, a Formal Hearing has been scheduled on 6 November 2024. Assigned Formal Board members will complete a full review of your case. Please submit exhibits through your assigned PEB Counsel prior to the formal hearing.
I have not been able to get in contact with the IPEB attorney for clarification on the response and what steps to take next. Hopefully I can get some guidance and point me in the right direction.
Thank you for your time.
I am currently in the PEB phase of my case and the reconsideration was denied setting a formal board hearing in November. I will not have access to legal until September due to a backlog of cases. At this point I'm stumped on what questions to ask and put pressure for legal assistance earlier than September. My case details are as follows:
I was referred to the MEB/PEB for the conditions of lower back and neck injury/pain. I do not have an LOD for any specific incident regarding the referred conditions but I was provided with an IDRM stating "my conditions of (a) Cervical Radiculopathy, Disc Displacement, and (b) Lumbar Radiculopathy, Disc disease is presumed to have been incurred or aggravated during a qualified duty status greater than 30 days and is determined to be In Line of Duty for DES referral."
The MEB determined my conditions existed prior to service and disregarded the IDRM. I contested their decision and submitted a rebuttal with additional medical documentation overturning the MEB decision with the physician stating, "given the soldier’s age and MOS is reasonable to assume diagnoses 1-2, 3 and 4 have been permanently service aggravated. The PEBLO will be instructed to list conditions 1,2, 3 and 4 as EPTS, yes, PSA yes."
Within that time I had a VES appointment set by the VA for the referred conditions. My examiner did a terrible evaluation. The Nurse Practitioner did not conduct an ROM for either cervical or lumbar or nerve exam, but instead I was physically manipulated to turn my neck and hinge at the end of the table causing extreme pain. On the DBQ's the NP stated, "The Veteran has a history of neck/back pain, performing active range of motion could aggravate the underlying pathology causing more significant pain, so it was not done/ therefore, test was not performed". Immediately after receiving the DBQ's I submitted a personal statement with VA Form 21-4138 stating the examination and requesting a reconsideration. I submitted the personal statement and VA Form 21-4138 to my PEBLO and MSC, but my request was not granted.
I selected to do the IDES ,but declined to submit a claim for VA benefits as part of the IDES program. I already have a 100% VA rating and was concerned that the IDES would have an impact on my current rating. I now realize that it was a mistake but not certain if my selection to decline the submission for a VA claim. Both the PEB and MSC said that the reconsideration has to be initiated by the PEB/MEB the rater for any additional VA exams.
My case was then submitted into the PEB and received the PEB VA ratings of:
Left upper extremity (non-dominant) cervical radiculopathy 20%
Right upper extremity (dominant) cervical radiculopathy 20%
Cervical spine strain 10%
Left lower extremity lumbar radiculopathy 10%
Lumbosacral spine strain; spinal stenosis 10%
My IPEB DA Form 199 the disposition from the Board is that I'm unfit for duty, recommends a rating of 20% severance pay and severance pay. 10% for cervical neck strain; degenerative disc disease other than intervertebral disc syndrome (MEB Dx 1-2). 10% for lumbosacral strain; spinal stenosis (MEB Dx 3-4).
I declined the severance pay and appealed the findings. I submitted MFR's plus a personal statement. In the MFR's and Personal statement, under the advisement of legal, my PTSD was mentioned even though it is not one of my referred conditions. My appeal was denied and a formal board date has been set for Nov.
The IPEB Response is as follows:
1. The Physical Evaluation Board (PEB) received your DA Form 199, Informal PEB Proceedings with non-concurrence. The PEB found you unfit for continued military service, recommending Separation with Severance Pay (SWSP) at a disability rating of 20%. The PEB acknowledges your demand for a Formal Hearing with personal appearance and regularly appointed counsel.
2. Your appeal memorandum and casefile were carefully reviewed. In your appeal, you contend that your bilateral upper and lower extremity radiculopathies, Migraines, lumbar spine, and posttraumatic stress disorder are unfitting. First, your lumbar spine condition (MEB Dx 3-4) was found unfitting at rated at 10% (VASRD 5237). Second, your claimed bilateral upper and lower extremity radiculopathies and posttraumatic stress disorder were not listed on your most current DA 3947. These conditions were not claimed with the VA. These conditions, including your migraine condition, are not listed on your current or any historical DA 3349 (physical profile record) and are not specifically addressed on the DA 7652 (DES Commander’s Performance and Functional Statement) as limiting or restricting you from completing your MOS related duties. There were no specialist notes included in your appeal that recommends any functional activity limitations to be added to your DA 3349, that this condition has failed all conservative treatments, and there is no Line of Duty for these conditions.
3. The preponderance of evidence currently available for PEB review, does not indicate that your contended condition is unfitting. Therefore, in accordance with your request, a Formal Hearing has been scheduled on 6 November 2024. Assigned Formal Board members will complete a full review of your case. Please submit exhibits through your assigned PEB Counsel prior to the formal hearing.
I have not been able to get in contact with the IPEB attorney for clarification on the response and what steps to take next. Hopefully I can get some guidance and point me in the right direction.
Thank you for your time.
