I need help. I’m so lost and confused

What are the things I can do? I’ve spoken to the lawyer, and he is basically confused and doesn’t understand the way the examiner what the examiner put down it’s contradicting. He also stated he doesn’t know what a rater will rate my condition. He said a rebuttal won’t do much right now. I’m at a lost of words. I’m not giving up. I just need advice.

 

[Provis]

What are the things I can do? I’ve spoken to the lawyer, and he is basically confused and doesn’t understand the way the examiner what the examiner put down it’s contradicting. He also stated he doesn’t know what a rater will rate my condition. He said a rebuttal won’t do much right now. I’m at a lost of words. I’m not giving up. I just need advice.View attachment 11448View attachment 11449

Yes it doesn't make sense. Is this the NARSUM or initial paperwork that is referring you to IDES? It looks like NARSUM. What did your C&P exam look like? That is what the VA rater will use to determine a rating. As for the the wording its saying existed prior to service and non aggravated but the check boxes state the opposite. I think it was just an error. Looking at it I am going to assume the iPEB will find conditions 1,2 & 3 will be unfit. However, if this is the NARSUM you can write a. written rebuttal or ask for an IMR. What did your attorney suggest you do in the meantime?

Private attorney's are expensive but they are dedicated and spend a lot more time on your case. You might want to look into one. I always recommend it if you can afford it. Since you are an E4 you probably don't have much to gain financially in the form of monthly compensation. However, if you can be found unfit, service connected and total DOD% 30% or higher you get tricare for life for you and your family. That is worth a literal fortune! You could be married with 10 kids and all of you would have healthcare provided for little to nothing!

I will send you a reference list of private attorneys in case you want to reach out to one for an opinion and to see what your cost would be. I will send it via direct message.

 

[E4Bam]

Yes it doesn't make sense. Is this the NARSUM or initial paperwork that is referring you to IDES? It looks like NARSUM. What did your C&P exam look like? That is what the VA rater will use to determine a rating. As for the the wording its saying existed prior to service and non aggravated but the check boxes state the opposite. I think it was just an error. Looking at it I am going to assume the iPEB will find conditions 1,2 & 3 will be unfit. However, if this is the NARSUM you can write a. written rebuttal or ask for an IMR. What did your attorney suggest you do in the meantime?

Private attorney's are expensive but they are dedicated and spend a lot more time on your case. You might want to look into one. I always recommend it if you can afford it. Since you are an E4 you probably don't have much to gain financially in the form of monthly compensation. However, if you can be found unfit, service connected and total DOD% 30% or higher you get tricare for life for you and your family. That is worth a literal fortune! You could be married with 10 kids and all of you would have healthcare provided for little to nothing!

I will send you a reference list of private attorneys in case you want to reach out to one for an opinion and to see what your cost would be. I will send it via direct message.

Thanks! And I agree it doesn’t make sense at all. My NARSUM states that I was injured after doing a CQ shift while I had done PT that morning it was an AGR day. I don’t know if I can send you the regular Narsum in messages but I can try to. It’ll explain it better. It’s just the DBQ is what gets me. I have no idea what a rater will think of this. He said let’s see if they rate it. Then we can request a rating reconsideration and do another exam.

 

[Provis]

Thanks! And I agree it doesn’t make sense at all. My NARSUM states that I was injured after doing a CQ shift while I had done PT that morning it was an AGR day. I don’t know if I can send you the regular Narsum in messages but I can try to. It’ll explain it better. It’s just the DBQ is what gets me. I have no idea what a rater will think of this. He said let’s see if they rate it. Then we can request a rating reconsideration and do another exam.

So the play here is you can upload additional documents for VA ratings and that is the only way you can be proactive on the VA rating side. So if you have a different doc fill out a DBQ you can upload it to your VA claim online or have your MSC do it for you. You can include a competing document and attached it to the VA form for statement in support of a claim and explain why the C&P doctor was wrong and include what it should be along with a competting DBQ filled out by a different doctor.

That's why my wife did and the rater looked at all of the medical files and the 2 different DBQ's and rated it based on my wife's doctor's DBQ instead of the C&P examiners one because it was more consistent with the other medical evidence.

That gives you an extra bite at the apple. So hopefully the VA rating is correct the first time but if that doesn't do it then you still have the VARR to challenge it and hope that a senior rater will increase the percentage.