Rating Questions for DDD with other claims (Army)

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Smoke7

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I am starting the MEB process. I have friends that have completed this that have answered a lot of the basic questions but have different issues.

I was put in for MEB for DDD (degenerative disk disease) of my L3, L4, L5, and S1. They are bulging, compressed, and arthritis with pain/numbness into legs. I know ROM is a big factor is this, but I already am planning 20% for this being my UNFIT issue since I know few people that got MEB for exact reason.

I also have and plan to claim TBI, PTSD, hearing loss, shoulder issue (rotator cuff gone), ACL reconstruction with continued knee pain, wrist pains, TMJ (dental), and Sciatic radiculopathy. I have also earned a purple heart (was told that helps with ratings, so not sure).

I am wondering if anyone else has claimed these also and what percentages they received for them. Because I want this to be smooth and quick, but want to be prepared to have it go longer if I need to appeal or spend more time making sure diagnosis is correct on some of those. I also do understand that a big factor is who's desk my file ends up on and what they deem it to be.

Thanks for your time and help!
 
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I strongly recommend getting your mental health doc to get on board with the MEB also. If PTSD is added as an unfitting condition. If this happens, it plus the DDD will push you over the 30% threshold to medical retirement.
 
DDD, 20% is not out of the question, most of the rating comes from range of motion. (I was rated 10% cervical spine)
Pain and numbness in legs can be rated as a neurological condition such as neuropathy or neuralgia

TBI, you will receive a neuropsychological assessment to see to what extent the TBI affects you in 10 different facets (I was rated 70%)

PTSD, this will be rated based upon how it affects your occupational and social impairment. (I was rated 50%, chronic adjustment disorder)

Hearing loss, this one is pretty much a given, you will get an exam and it will be compared against your baseline when you entered the military. No more than 30% typically, most get 0% (I was rated 0% hearing loss, 10% tinnitus)

Shoulder issue (range of motion)

ACL reconstruction (range of motion)

Wrist pain (pretty much 0% unless an EMG shows nerve damage such as carpal/cubital tunnel syndrome) (I was rated 10% for each wrist based upon ulnar nerve damage and carpal tunnel syndrome)

TMJ, rated on your range of motion (I was rated 30% based upon my range of motion)

Sciatica


My suggestion to you is to read 38 CFR Book C also known as the VASRD, this will give you insight on how each condition is rated, and how a percentage is assigned to an injury.

BTW a Purple Heart will not change the rating, however it can be useful when it comes to applying for Combat Related Special Compensation (CRSC).
 
Smoke7 said:
Because I want this to be smooth and quick
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Good luck with that. Keep your expectations low so you aren't easily disappointed if something drags out the process. Be prepared for it to be a long drawn out process that way if it goes quick, you'll be pleasantly surprised :)
 
Awesome. I appreciate the information and guidance. Bitter sweet thing of MEB after 13 years of this being my life. I'll read up on that CFR and dive deeper into things. I'll post my timelines as they come to help others also! And understand expect lengthy process. Was told 270 days at the latest but could be as fast as 120. But I always prepare for the latter.
 
I am being treated/MEB'd for similar stuff. Like others have said its all based on ROM or a cumulative of all the degrees for the test.

For instance: for my Thoracolumbar I scored 30 degrees forward flexion, 10 degrees rearward, 25 both ways for twisting, and 28 both ways for bending (or something like that. I just know it was 25 25 / 28 28. So they would add up all those degrees and if it totals within a degree range that can affect the rating.

However, since my forward flexion is 30 degrees or less; according to the VASRD I will be rated 40%. I am not holding my breath though since there are some there are some other particulars to my case which may cause an issue with the rating. I performed a ROM at the VA and then the PEB requested another ROM test since the VA test was unrelated to the MEB (as I performed the VA test prior to getting selected for a MEB).

You will also go through IDES and not LDES like I chose to do. It is a more comprehensive evaluation in my opinion after talking to others who have gone through IDES and my experience with LDES. I believe after the VA evaluates you for everything they will give you a total and complete rating for all disabilities and then the DOD will only rate what is unfitting with you ultimately getting the VA rating since it will be more (historically speaking). Make sure you hold them accountable for doing the ROMs properly because my VA doc didn't do half of the required ROMs at all and then did my back one so half assed... I didn't know better. Not saying it will happen but make sure to know what theyre supposed to do and also some of the common language used as another member had luck speaking to them in VA/doc language during a re-eval.

Back issues are the WORST. I feel for you brother. Best of luck and read the VASRD. I am always rereading stuff. Like how my neuropathy can be rated in addition to my back injury since it adds to (or is in direct relation to) the injury and is not independent of the injury itself.

Just a question: do you get numbness/pain primarily from the ankles down (like bugs crawling all over the tops and bottoms of your feet) and occasionally it will move up the leg depending on stress/activity? Do you get lightning bolt feelings that jump down from your injury site to your feet and back up to your injury site? Weak knees and knees feeling like they are becoming more and more problematic?

Best of luck to you brother.
 
kapp_badbloodz said:
I am being treated/MEB'd for similar stuff. Like others have said its all based on ROM or a cumulative of all the degrees for the test.

For instance: for my Thoracolumbar I scored 30 degrees forward flexion, 10 degrees rearward, 25 both ways for twisting, and 28 both ways for bending (or something like that. I just know it was 25 25 / 28 28. So they would add up all those degrees and if it totals within a degree range that can affect the rating.

However, since my forward flexion is 30 degrees or less; according to the VASRD I will be rated 40%. I am not holding my breath though since there are some there are some other particulars to my case which may cause an issue with the rating. I performed a ROM at the VA and then the PEB requested another ROM test since the VA test was unrelated to the MEB (as I performed the VA test prior to getting selected for a MEB).

You will also go through IDES and not LDES like I chose to do. It is a more comprehensive evaluation in my opinion after talking to others who have gone through IDES and my experience with LDES. I believe after the VA evaluates you for everything they will give you a total and complete rating for all disabilities and then the DOD will only rate what is unfitting with you ultimately getting the VA rating since it will be more (historically speaking). Make sure you hold them accountable for doing the ROMs properly because my VA doc didn't do half of the required ROMs at all and then did my back one so half assed... I didn't know better. Not saying it will happen but make sure to know what theyre supposed to do and also some of the common language used as another member had luck speaking to them in VA/doc language during a re-eval.

Back issues are the WORST. I feel for you brother. Best of luck and read the VASRD. I am always rereading stuff. Like how my neuropathy can be rated in addition to my back injury since it adds to (or is in direct relation to) the injury and is not independent of the injury itself.

Just a question: do you get numbness/pain primarily from the ankles down (like bugs crawling all over the tops and bottoms of your feet) and occasionally it will move up the leg depending on stress/activity? Do you get lightning bolt feelings that jump down from your injury site to your feet and back up to your injury site? Weak knees and knees feeling like they are becoming more and more problematic?

Best of luck to you brother.
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I get the pain and numbness from my back into both legs, left leg is worse. At times it makes it hard to even walk depending on how bad it hits the nerves. But I am tracking that it would be covered under Sciatic Radiculopathy for each leg, which would be two different ratings for each leg being separate. Mine goes down to knees but not fully to the feet. I can't say if my knee issues are related to back issues due to I have had ACL and Hamstring reconstruction done on my knees also. I just put together a list of everything that I am claiming and I have 14 things that I myself am bringing up. But that number could get smaller or larger based on findings and wording from the C&P exams. But only my DDD is being looked at for unfitting condition.
 
Same here unless they find that the radiculopathy is deemed unfitting since its it bothers both legs and is what is making my back condition unfitting. At least this is how I understand the writing on disability made easy pages.
 
kapp_badbloodz said:
Same here unless they find that the radiculopathy is deemed unfitting since its it bothers both legs and is what is making my back condition unfitting. At least this is how I understand the writing on disability made easy pages.
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Two Buddies of mine just got MEB for very similar issues. They don't put that as unfitting since it is a result from the back injuries. It is a retainable problem, but that is also if it isn't complete nerve damage that is there. If it is just a random pain and issue then it still falls under meets retention standards. That's how it was told to me from my Ortho doctor and also those two who have recently completed their MEB and out of Army now in last 2 months. Again that is also dependent on how you want it wrote up. I know me personally I want it that way because for myself being at 20% DoD for the severance check is best for my life at the moment compared to only a blue ID card and Tricare. That is also because my check will be tax free due to Hazardous duty (Airborne) and also Combat related injury. But definitely hope the best for your case for however you want the outcome to be.
 
Smoke7 said:
Two Buddies of mine just got MEB for very similar issues. They don't put that as unfitting since it is a result from the back injuries. It is a retainable problem, but that is also if it isn't complete nerve damage that is there. If it is just a random pain and issue then it still falls under meets retention standards. That's how it was told to me from my Ortho doctor and also those two who have recently completed their MEB and out of Army now in last 2 months. Again that is also dependent on how you want it wrote up. I know me personally I want it that way because for myself being at 20% DoD for the severance check is best for my life at the moment compared to only a blue ID card and Tricare. That is also because my check will be tax free due to Hazardous duty (Airborne) and also Combat related injury. But definitely hope the best for your case for however you want the outcome to be.
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With your severance pay, don't you have to pay it back in order for you to receive your VA benefits? I'm in a similar situation (MEB for back) and I'm anticipating only 20%. Is there a way to keep severance pay AND VA compensation?
 
Bigsink said:
With your severance pay, don't you have to pay it back in order for you to receive your VA benefits? I'm in a similar situation (MEB for back) and I'm anticipating only 20%. Is there a way to keep severance pay AND VA compensation?
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From my understanding that if your unfitting condition is linked to Combat/Hazard duty then it will not be recouped and the VA check will come as normal.
 
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