Medical Command Operation Order 12-31

Robert Albright

PEB Forum Regular Member
PEB Forum Veteran
Anyone have any information on this? The excuse that I recieved concerning my appeal of the MEB findings was that:

"Per this week's operation order 12-31 from medical command, the VA is the competent medical examining authority, and the MEB will accept the VA C&P as the medical examination of record..."

Sounds good until you realiaze that this is being construed to deny appeals or addendums to the soldier's record prior to the PEB. For example, I have a chronic right side cervical radiculopathy as a result of rupturing two cervical discs. Since my VA physical, over one year ago, I've developed a similar condition on the left side and started loosing the functional use of my hands. I bring this up to the independant medical advisor, he checks the records, agrees that it should go in. Next thing I know it is denied and when I ask the ombudsman to enquire she received the aforementioned message.
 

Robert Albright

PEB Forum Regular Member
PEB Forum Veteran
Anyone have any information on this? The excuse that I recieved concerning my appeal of the MEB findings was that:

"Per this week's operation order 12-31 from medical command, the VA is the competent medical examining authority, and the MEB will accept the VA C&P as the medical examination of record..."

Sounds good until you realiaze that this is being construed to deny appeals or addendums to the soldier's record prior to the PEB. For example, I have a chronic right side cervical radiculopathy as a result of rupturing two cervical discs. Since my VA physical, over one year ago, I've developed a similar condition on the left side and started loosing the functional use of my hands. I bring this up to the independant medical advisor, he checks the records, agrees that it should go in. Next thing I know it is denied and when I ask the ombudsman to enquire she received the aforementioned message.
After reading and rereading the information I have I think I have a greater understanding of what is going on.

Origonally, I received my NARSUM and had no additional medical evidence to add or rebut the information other than the fact that VA said I had PTSD and the Army claimed that instead I had some sort of vague sleep disorder. Soldier's council then had me speak to the ombudsman. Ombudsman had my name added to the list of soldiers who's information should be reviewed. Information breaks in the local news regarding the PTSD scandal at Madigan. I receive a review by the team sent down from Bethesda; review is done through the "fusion cel"l at JBLM.At this time I had no idea that my process had been interupted (sort of). Also during this time, I'm diagnosed with a left cervical radiculopathy, motor deficets in hands, dizziness of unknown etiology, a labral tear in the right shoulder. Condition deteriorates to the point that I am approved for Special Compensation for Assistance with Activities of Daily Living. When I had mentioned the new conditions to my PEBLO she told me that I would have to address the new conditions at the Formal PEB.

A few weeks back I receive a call from my PEBLO. She needs me to come in and sign off or appeal my MEB results. When I get to her office, I find out that though my packet went forward to the VA and PEB, and a rating was given, it was recalled and I must once again agree or disagree with the MEB findings. Of course I chose to disagree because I've been diagnosed with new conditions. I'm scheduled for the Independant review, the doctor agrees that conditions should be added, I file my appeal. Its denied. In the denial, it is stated that my conditions are not neurological. I pull the records that indicate that they are, give them to the ombudsman, she makes an inquiry. Reply is the aforestated message, but also states that I can't have two appeals for the MEB phase unless it was a fusion cell item. Despite the fact that no one told me, it seems to indicate that the only item I had been given the opportunity to agree/disagree with was the diagnosis from the Bethesda Team and I had actually already signed a statement concurring with their diagnosis. If this is true, then it clarifies the Op Ord " the MEB will accept the VA C&P as the medical examination of record".

It appears that I was simply led in a circle to come back to the standard and correct "You must bring your new conditions up at the formal PEB".

Any thoughts?
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top