Is my math right?

[Uncanyarmyone]

He ya'll.
I didnt know where to "put" this, so moderaters, if you need to move it, I understand...

I found here that my herniated disk pain falls under the "constant/moderate" field (by my Narsym) of 20%

and my hearing loss falls under the 10%...

so (if I did it right) does that mean it adds up to 28%- then rounded up to 30%???
Thanks again for all this help!

 

[Jason Perry]

Good math...but probably not pain rating

Uncanyarmyone,

You did the math correctly. However, the Army does not rate back conditions on pain. I posted a thread with some more info on what you likely will be rated on. For back, you will probably be rated on spasms/tenderness to palpitation (10%) or spasms and abnormal gait (20%)(unless you have incapacitating episodes, and then you will be rated on that schedule).

 

[Uncanyarmyone]

confused...

QUOTE: "Forward flexion of the thoracolumbar spine greater than 30 degrees but not
greater than 60 degrees" :UNQUOTE

Ok on my Range of motion card I have "FORWARD FLEX AVG 35"
but I do not know how to tell if it is "thoracolumbar" or "cervical spine"...
How do I tell, or does it depend on the type of ROM tester that was used?
And those other posts WERE useful.
Thanks again.

 

[Jason Perry]

Hard to say...

It should state on the card what they are measuring. If not, I would guess the measure corresponds to the area where your herniated discs are locate. Take a look at this thread for more on the guidance to physicians regarding range of motion.

Taken together with what you said about pain earlier, I think it is highly likely they will disregard the measurement anyway and rate you only on spasm, tenderness, or abnormal/antalgic gait if you have any of these conditions.

 

[Uncanyarmyone]

...

Ok this is what #2 on my NARSYM ststes verbadum(SP?):

"Chronic back pain with radicular symtoms secondary to herniated disk. Does not meet retention standards IAW AR40-501, ch3-39e"

In my narasym there is no mention of antalgic gait...my spasms were never "numbered" in the NARSYM, just mentioned "...patient must take drugs (percoet) to cope with pain to do normal day to day activities..."


- I know it may sound like I am rambling, but I just like to get/ find out information before I get "broadsided", so thanks again.

- PS: did I miss here somewhere where it stated how long it takes "PEB" (Walter Reed for me) to look over NARSYM and send back? Or is there even a "no longer then" time frame?

 

[Jason Perry]

Goal is 40 days

DODI 1332.38 states "E3.P1.6.3. PEB. Upon receipt of the MEB or physical examination report by the PEB, the processing time to the date of the determination of the final reviewing authority as prescribed by the Secretary of the Military Department should normally be no more than 40 days." Remember, this is time for informal, rebuttal (if any), formal hearing and ten days alloted time for election of rights and rebuttal to formal plus APDA review. This process can go faster (i.e., you get a good result at informal and accept findings). But it can go slower, like if the PEB returns the MEB for clarification, further examination, etc.

Sounds like they will rate you 10% if spasms are documented. Pain might be possible if you have separate condition neccesitating use of narcotics, but you didn't mention anything like that.

 

[Uncanyarmyone]

Got results

Well I was WAY OFF on my math....

as everyone else, they gave me a disability of 10%... I know I should appeal it, but I have to leave OCONUS and get home to help, my sick wife.
What I am asking here is how long do I have to go to VA and do the paperwork to "change" the disability, I know I will have to pay back the severance pay, (BTW how soon does the "check/pay" come)
I have thought MUCH about this, and the best thing for my family is TRY and do this in GA.
I do appreciate ANY and ALL help, I feel as if I am "stuck between a rock and a hard wall"
Thanks again.....*sitting here frustrated*
Mike

 

[Jason Perry]

Lousy news....

Mike,

Sorry to hear about the decision. I think they probably low-balled the rating for your back. Sounds like it was consistent with their policy on pain and Range of Motion, which I think is illegal. I mentioned elsewhere that I think if challenged in Federal court, this would not stand. However, that sort of challenge would take a few years to until you had an answer.

All that being said, if you think that accepting the findings and going to the VA to see what you can get is right for you based on your circumstances with your wife, then it is hard to argue with that. You have to do what you feel is right.

I said the above so you understand I am not trying to convince you of anything. I just wanted to clarify something about your OCONUS comment. Did you know your Formal PEB would be held at Walter Reed?
The additional processing time should only be a few months. Finally, if you accept the findings, you may waive later appeal. Consider that they may change the law on concurrent receipt. If you are taking all of this into account and making an informed decision, then your choice is understandable.

The VA compensation depends on several things. I have heard as little as 3 months and depending on how the administrative adjudication process goes (meaning assuming you get rated at the appropriate percentage and do not need to appeal) it can stretch on for years. A wildcard is the Benefits Delivery at Discharge program. I don't have a feel if this program is speeding up delivery to a so-called "seamless transition." Also, depending on where you apply, this can impact the processing time.

I hate to hear that you are having to deal with all of this, your physical situation, the administrative process, and your wife being sick as well. I hope things go better for you and your family. If there is anything we can do or any questions, please let us know.

 

[Uncanyarmyone]

..

Yes I have been informed of it all. But what I meant about the pay was the severeance paydate? I have heard (or read) that if my terminal date is before the 28th of said month (IE: DEC) then I would receive said pay EOM JAN...Is there anywhere to look and see if this is right or not?

Thank you for all your concern. This again is a great reason I like PEBFORUMS and why I have given this site to a few people here that I know it will benefit.

 

[Jason Perry]

I have heard that...

Mike,

That sounds right to me, I have anecdotally heard that before. It makes sense because DFAS pays on several days per month. If the input doesn't happen within a certain time, you have to wait till the next payment "window" is open. I will try to find something more definitive and post what I find.(I think the place to look will be with DFAS). It may take me a day or so to hunt down the answer.

Also the normal separation process can end up with you having held pay if you don't hit all the gates in outprocessing. I think most of this will depend on your finance analyst when you outprocess. Also, Government Travel Card/ DTS outprocesing will be important to ensure you aren't carrying any debt to the government when you outprocess.