Im about to meet the FPEB and currently i have 10% dod for back pain. I havent been able to do push ups since about 2010. I asked to have it added initially but the impartial review said no. What would my chances be of getting it added at the formal board? So far they havent found any lacerations or anything in ny shoulder but the pain has been there for years and all they say is its bursitis. But i have a hard time doing pretty much anything using it. It hurts to wash my hair or pick up objects, etc. I just want to know if anyone knows what the chances would be?
Getting condition added at FPEB
- Thread starter Al1980
- Start date
About a zero percent chance.
You can file a claim with the VA once you retire. I do not want to come off as harsh, or cynical, but my answer is reality based.
During the IDES there are two claims that are being addressed, the first being your referred conditions, these are conditions that your branch of service state keep you from performing your duties. For each branch of service, they are taken from a regulation, in the Army is is AR 40-501. Your branch of service does not think your shoulder issue keeps you from performing your duty, because if they did you would have been referred for it.
The second claim that is address are your "claimed conditions", these are the conditions that you and your VA MSC talked about when you met (either in person, or on the phone). The MSC should have had a copy of your AHLTA "auto cite" conditions (anything that Tricare was ever billed for). This is the time in which you claim any and everything that has medically bothered you while you were entitled to active duty pay.
If you failed to address your shoulder condition, even though it has been bothering you since 2010, that is on you at the moment. This does not mean that you can fix this in the future, but what it does mean is that this IDES train is moving and you cannot get off until the next stop which is going to be severance in your case.
Things do slip through the cracks, you can try to convince the PEB that your shoulder condition precludes you from serving, because it does not meet retention standards for your branch of service. You are going to need a pretty strong argument at this point and it needs to be delivered to the PEB is a succinct, concise manner which is crystal clear.
Out of curiosity, what chance does your MEB/PEB lawyer think you have on getting it added?
You can file a claim with the VA once you retire. I do not want to come off as harsh, or cynical, but my answer is reality based.
During the IDES there are two claims that are being addressed, the first being your referred conditions, these are conditions that your branch of service state keep you from performing your duties. For each branch of service, they are taken from a regulation, in the Army is is AR 40-501. Your branch of service does not think your shoulder issue keeps you from performing your duty, because if they did you would have been referred for it.
The second claim that is address are your "claimed conditions", these are the conditions that you and your VA MSC talked about when you met (either in person, or on the phone). The MSC should have had a copy of your AHLTA "auto cite" conditions (anything that Tricare was ever billed for). This is the time in which you claim any and everything that has medically bothered you while you were entitled to active duty pay.
If you failed to address your shoulder condition, even though it has been bothering you since 2010, that is on you at the moment. This does not mean that you can fix this in the future, but what it does mean is that this IDES train is moving and you cannot get off until the next stop which is going to be severance in your case.
Things do slip through the cracks, you can try to convince the PEB that your shoulder condition precludes you from serving, because it does not meet retention standards for your branch of service. You are going to need a pretty strong argument at this point and it needs to be delivered to the PEB is a succinct, concise manner which is crystal clear.
Out of curiosity, what chance does your MEB/PEB lawyer think you have on getting it added?
She thought i had a good chance. There was a rilo for my shoulder initially then they decided to go for my back instead. Im still getting injections in my shoulder. Have arthritis in my shoulder and stay in pain.
I was able to add two conditions at the FPEB. You need evidence, a good JAG, and to continue treatment especially for conditions trying to be deemed unfitting.
Fight for yourself because the machine will move on with or without you.
I believe the IPEB will try to low ball members as often as they think they can get away with it.
Fight for yourself because the machine will move on with or without you.
I believe the IPEB will try to low ball members as often as they think they can get away with it.
Sorry you didn't get the desired result; does that mean you are getting DoD 10% severance? Did the VA rate you for your shoulder?
I also am concerned about the potential to add conditions at the FPEB, since I was only referred for 1 Condition this time, when last year, I was referred for 3, though was found FIT. I have at least one Psych condition that I have more than enough evidence for, I believe, and a 2nd Condition for the Back--Degenerative arthritis of the spine, Spondylolisthesis, and Musculotendinous strain of the lumbar spine; chronic--per my C&P exam/record files. I'm not sure why these were not listed originally, but when I tried to get an Addendum, apparently I got the Doc who, of his own admission, disagrees with my civilian Psychologist, the VA Psych, and my Psychiatrist, because he feels this is still in line with my 'Phase of Life' diagnosis from 2012. At which point does it not become a 'Phase of Life' issue? Because apparently, the 18 month period that diagnosis came from, from a different Psych in 2012, in addition to the almost 5 years since, is still not long enough for this to not be characterized a 'phase of life'. I tried explaining this to him, and he suggested I keep his addendum in my pkg, because another Doc down the line might disagree with him, but to me, to even have this officially in my PEB pkg would be damaging enough, so I said 'no thank you, please revoke', and he did based upon my argument that I have a lot of conditions (Shoulder, Knees, Elbow, Pes Planus, GERD, etc.) that are not 'unfitting', like he thinks my psych profile is, and I don't have addendums for those, so why have one for Psych?
Anyway, I'm droning at this point, but basically, I almost feel as though no matter the result, I should request a FPEB on principle alone to get those two conditions considered.
But back to you, I understand the frustration with Shoulder Pain. I haven't been able to do push-ups for only 3 years, but the point is, I get the same response--"meh, you have some impingement and Bursitis...sorry." So I agree that you likely have something more than 'bursitis'. The important thing would be to ensure that the VA stays with it, and you keep pushing with them to get it rated properly.
I also am concerned about the potential to add conditions at the FPEB, since I was only referred for 1 Condition this time, when last year, I was referred for 3, though was found FIT. I have at least one Psych condition that I have more than enough evidence for, I believe, and a 2nd Condition for the Back--Degenerative arthritis of the spine, Spondylolisthesis, and Musculotendinous strain of the lumbar spine; chronic--per my C&P exam/record files. I'm not sure why these were not listed originally, but when I tried to get an Addendum, apparently I got the Doc who, of his own admission, disagrees with my civilian Psychologist, the VA Psych, and my Psychiatrist, because he feels this is still in line with my 'Phase of Life' diagnosis from 2012. At which point does it not become a 'Phase of Life' issue? Because apparently, the 18 month period that diagnosis came from, from a different Psych in 2012, in addition to the almost 5 years since, is still not long enough for this to not be characterized a 'phase of life'. I tried explaining this to him, and he suggested I keep his addendum in my pkg, because another Doc down the line might disagree with him, but to me, to even have this officially in my PEB pkg would be damaging enough, so I said 'no thank you, please revoke', and he did based upon my argument that I have a lot of conditions (Shoulder, Knees, Elbow, Pes Planus, GERD, etc.) that are not 'unfitting', like he thinks my psych profile is, and I don't have addendums for those, so why have one for Psych?
Anyway, I'm droning at this point, but basically, I almost feel as though no matter the result, I should request a FPEB on principle alone to get those two conditions considered.
But back to you, I understand the frustration with Shoulder Pain. I haven't been able to do push-ups for only 3 years, but the point is, I get the same response--"meh, you have some impingement and Bursitis...sorry." So I agree that you likely have something more than 'bursitis'. The important thing would be to ensure that the VA stays with it, and you keep pushing with them to get it rated properly.