MEB results..What do I do?

T

Termoil78

PEB Forum Regular Member
So today I received my MEB results. They only found me unacceptable for lumbar DDD. Herniated nucleus pulposus, facet syndrome and lumbar radiculitis. From what I have read on this site and other places this all gets grouped under the same condition and gets one rating, correct? From what I have seen that puts me into the ROM results for a rating, my ROM is fwd 34,35,35,38 and put in as the best at 38. The others are all low with a total under 120. From the rating scheme I see that puts me at only 20%, right? The dr recommends not staying on active duty and the CO wrote I am a great soldier but cannot do my job and has had to move me. That obviously is not what I was shooting for rating wise.
My first concern is my ROM was done while taking Percocet and flexural, do they take that into effect? That I should take narcotics for the rest of my life? Obviously without pain meds I would have been not able to bend as far, should I write the board a memo?
Next, right after my MEB was started I was referred to a sleep specialist and did a sleep study, I had respiratory distress 30 times an hour so I go back in a week to get a CPAP machine. Should I restart the MEB to have this added even though usually you’re found fit for that problem? I don’t want to hold up the PEB for this to wait on dr’s records and rewrite and signing of all the NARSUM and paperwork.
Ok last thing, in my NARSUM it says I had minor problems since a parachute accident in 2004 but did not seek treatment till 2008, could this still be considered combat related? If so and I did receive 20% would I then still be able to collect from the VA without having to pay back the severance first?
Thanks for everyones help, I have a copy of my NARSUM if anyone is interested in looking it over.
 
Actually I believe the Radiculopathy is rated seperately, have you been to an independent doctor? DDD is progressive, I would definately fight the issue about being rated on pain meds, they did the same thing for my husband. Jason is gone this week, there are great moderators, who I'm sure will be able to answer more of your issue. As far as combat related, I don't know, If you have documents from the initial accident, I would think it couldn't hurt to apply. You should definately be rated for your sleep apnea I would not worry about the length of time it takes to get done, so long as your rated properly. Slow down and don't do something you'll regret down the road, like skip an apnea rating that could help you get benefits for the rest of your life. Good luck.
 
Has a doctor put you on bed rest for you radiculopathy at all over the past years? If so, for how long? One thing to remember is the whole being rated under "incapacitating episodes" rather than ROM. If you can show documentation for these incapacitating episodes and their frequency, then you are entitled to a better rating. Have you looked at the criteria for that on this site? IF not, let me know. I'll post the link.

I agree with MASCABN, do not be quick to do anything. Take the time that is allotted to you to choose wisely what you should do. If you have sleep apnea, make sure that is listed on your Narsum. There are a bunch of things I didn't get listed because my PEBLO "swore" to me that I could only have listed what the doctor had listed. Which was DDD of L1-L2, bilateral PFS knees, and allergic rhinitis. I kept asking and insisting that my PEBLO was wrong but she "played" me very well (for her at least). So, make sure EVERYTHING is listed. Even if it is small. JUST DO IT ANYWAY. It is VERY IMPORTANT.

Out of curiosity, are the majority of your back issues in your lumbar spine, thoracic spine, cervical, or a combonation of them. Remember, each part of the spine should be rated separately. So, you could end up with 10% for cervical, 10% thoracic, and 20% lumbar, for example. Which would be enough to be placed on at least TDRL or PDRL. So, keep that in mind.

If you have any other questions or comments, please post. Or you may feel free to contact me via private message, or e-mail ([email protected]). Wish you luck and keep us posted.

V/R
Nick
 
I have not been put on bed rest according to my records at all. I have missed work but nothing documented. Either way it is not enough to affect it I dont think. Should I write a memo to the board pointing out that I was on pain meds while doing my ROM exam? Does the fact that I take daily narcotics factor into it at all? Does the radiculitis rated along with the back or can it fall into the nuero section under neuralgia of the sciatic nerve? Most my pain is in my lumbar, my cervical looked fine. I talked to the retired guys at work today that were retired or discharged and they said they did not have to pay back there severance to get VA money because they had been deployed and it was a time of war going along with that new change.....anyone get out recently with severance and still get their VA disability for the same thing?

I think I am going to accept the findings. My PEBLO and others here say the process goes very fast here, 2 weeks for IPEB results and then 2 weeks if I concur for final approval so worst case I file an appeal and have the sleep apnea added....but still wondering if I should do a memo real quick for the IPEB, anyone know a link to an example?
 
Have you requested an imapartial medical review of your MEB?

Mike
 
No I have not, the info seems quite accurate and i do no have an issue with that, unless the impartial doctor is going to give me new new ROM exam I am not sure if it will matter, tell me if i am wrong, I have found nothing when it comes to rating except ROM results or incapacitating episodes for rating the back.
 
Did the MEB cover all your current medical conditions? Did your MEB cover Deluca factors? Have you compared your MEB withthe requirements in DoD DTM's, DoDI 1332.38 and the USAPDA's guidance for MEB examiners?

The VA does not offset your severance if and only if the condition began in a combat zone or during a combat related operations. This is not the same as combat related.


Mike
 
This is the first I have ever heard of this Deluca factor so I looked it up, that is exactly what I think should be considered.SoshouldI tell my PEBLO i would like something along those lines added or right a memo.I am nervous to send it back to the doc because it takes them so long and I dont want them to get annoyed either.
As for the combat related, it mentioned in my narsum that on my post deployment assessment in 2004 I claimed back pain and was not referred to anyone, and did not start seeking real treatment till 2008. In the 82nd we dont go to sick call....that was stupid. Thanks for your input
 
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