IPEB Completed and rated me horridly low

Well, as I guessed they would based on the innacurate narsum and the malicious tone in which it was writted I was given a laughably low rating of 10%. Previous information about this narsum is found in the below thread:

http://www.pebforum.com/informal-ph...-ipeb-i-wasnt-shown-my-narrative-summary.html


First of all, I'd like to copy/paste some of the gems from the Commander's letter. As I assumed he would, my commander took it upon himself to offer up his highly uneducated opinions on what my best course of medical action would be. Here is an excerpt from his letter:

"The member is not motivated to covercome the condition or illness and has displayed no desire to work towards a solution. The member discontinued Physical Therapy on his own accord after a very brief period and has not pursued any other avenue to return himself to even a mediocre level of function or physical fitness."

I find it funny that he doesn't even bother to mention all the med switches I have had and the fact that I did also try ESI that was ineffective. Maybe he should also mention the fact that none of my current doctors agree with his assessment that phsycial therapy would help me in any way.

I'm sure his accusatory letter combined with the unprofessional NARSUM had something to do with my being rated at only 10% for lower right extremety neuropathy with atrophy. Anyway, I'll now quote what the actual IPEB report said:

CATERGORY 1- UNFITTING CONDITIONS WHICH ARE COMPENSABLE AND RATEABLE:

Pain and weakness right lower extremity, status-post resection of L3-4 nerve root schwanoma

LOD: Yes
Disability Rating: 10%!
VA Disagnostic Code: 8599-8520

Remarks: Your medical condition prevents you from reasonably performing the duties of your office, grade, rank, or rating. You have duty restrictions of no marching, running, or repetitive flexion of hips/ knees/ back. You cannot fully perform your in-garrison duties. You have right medial knee paesthesias, decreased right hip flexion and decreased ability to go up/ down stairs and get out of a car. You do not have foot drop or ataxia. The Informal Physical Evaulation Board finds you unfit and recommends discharge with severance pay with a disability rating of 10% IAW Department of Defense and Veterans Administration Schedule for Rating Disabilities guidelines.


My in garrison duties ammount to an average "desk" job and even as they admit that I am unable to do even that they rated me 10%. Its also somewhat insulting to me that they are seemingly reducing the effect of my pain to difficulty with stairs and getting out of a car. Yeah, I WISH that was the extent of this tumor's pain on my life.

I just have a few questions while I wait for a call back from my lawyer.

1. Is that VASRD code correct?

2. I have a surgery scheduled for tomorrow to get a nerve stimulator trial implated on my spine. Hopefully this will help reduce the ammount of pain meds I have to take to regulate my pain. It will not add to the things I can do daily unless it works superbly, and even then it just means I can walk longer per day. I will still be unable to run, play sports or do anything that could shake up the leads or the device in a way that would damage it or hinder its function. Would having this performed before I go to the formal board mess anything up or prolong the process in some way? Basically I'm asking if I should postpone this procedure until things are settled.

Thanks for your help and reading my long winded post. I just need to vent a little and would also appreciate some insight or advice.
 
Click to expand...
Sciatic Nerve

8520 Paralysis of:


Complete; the foot dangles and drops, no active movement possible
of muscles below the knee, flexion of knee weakened or (very
rarely) lost 80
Incomplete:
Severe, with marked muscular atrophy 60
Moderately severe 40
Moderate 20
Mild 10

They gave me 10% which means they call my condition MILD? I cannot run, walk long distances, struggle to climb stairs, lift anything heavier than my cat and driving a car causes me extreme pain.

If this is mild can someone please let me know what moderately severe or severe with marked muscular atrophy is? I even have a test result from a physical therapy that shows 25% atrophy of my right quad! Is this not "marked?"

FURTHERMORE, my sciatic nerve is not even the damaged portion. My nerve damage is on the L3/L4 nerve root caused by a tumore impinging on it and also possibly the resection procedure itself.


After looking this code up I'm pretty sure they gave me this rating based soley on the vitriol spewed in the commanders letter and narsum.

I'm so glad I gave 7 years of my life and went on three deployments for an organization that would attempt to screw me over so completely.
 
Wow, I don't know what would have motivated your commander to write such NONE DUTY related dribble. Sounds like he wants you out, in a bad sorta way. I would go to the First Shirt, and ask him why the commander wrote such a derogatory letter?

"mediocre level of function or physical fitness"

Was this reflected in your performance reports?

X
 
Make sure you get a Lawyer, either from the JAG office or private for your FPEB.
 
It is hard to know if this was the best code they should have used. I think, though, the reason they rated you using an analagous code, reflects their estimation that while the actual injury was to nerve root, the functional limitation most closely approximates the sciatic nerve injury limitations.

As far as postponing the surgery, I have a hard time seeing any reason to postpone. It is possible that they delay/return your case to MTF, but I doubt it.

Again, I see many opportunities to use US Court of Appeals for Veterans Claims case law, to argue for a higher rating. The Services have not implemented any regulations yet, so I think you perhaps have greater leeway to make arguments (the Regs may not be as expanisve as we hope in implementing 2008 NDAA; I would argue that the statute is superior to any regulation and would argue it now). I also see this as a potential built in appeal, if they don't follow the new law.

Best of luck, it certainly seems they rated you low. I do think sometimes they do that to see if you will accept and to force a FPEB where they can ask you questions, and see you move as you enter and exit hearing room. That is nothing but opinion, but over time, I have heard comments or hints to that effect.
 
myxomatosis said:
I have a surgery scheduled for tomorrow to get a nerve stimulator trial implated on my spine.
Click to expand...
I thought that this was an "experimental" type of surgery. Does the military do this frequently, and how did you go about arranging this?

I have a herneated thorasic disc which has put me on Percocet for 7 months now, and it would be nice to have a none-medicinal solution like this.
 
Myxo; I hope that you get things cleared up, whether through the surgery, or by getting a better rating at the FPEB. That happens to be the same code they used for the severed nerve in my back, although they rated me fairly at 60%. Anyway, good luck to you.

-CPO Don Campbell
 
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