Ratings increase after EAS

Oompahpa

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If your ratings for referred conditions increase after your EAS, and the increase puts you over 30% for those conditions, can you be medically retired after you are out of service? Or do you have to have the 30% during your time in service to get the retirement?
 

chaplaincharlie

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This is a little tricky. You have to be able to prove your should have been rated 30% or more at the time of your separation. How long elapsed between your separation date and your rating being increased to 30% or more?
 

Oompahpa

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I’m currently still in service, but I’m in the “waiting for FPEB” stage of my board. I opted to go with an in person hearing instead of the telephone hearing they’re doing now to give me more time to get more range of motion tests done. I am referred for my knees, and I got 10% due to pain in my knees (arthritis and referred for patellofemoral conditions). In order to get to the 30% threshold, I have to get a range of motion test that shows that I have a limited ROM. That only happens when I do a lot of PT and my knees flare up and get fluid inside, which makes it tricky to get a range of motion test done to show my issue. So if I accept my current findings because I wasn’t able to get a ROM test done when I was having a flare up, will I be able to have a test done after my EAS to show that I have this issue?
 

oddpedestrian

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The rule of thumb for ROM exams is to always show your limitations on your worst days not your best days even if you are feeling good on the day of the exam. I am not so sure how the FPEB will respond to what you consider to be a flare up, flare ups need to be day to day activities like being on your feet for more than 15, 30 minutes walking more than a few hundred feet etc. Doing extensive PT or running many miles in my opinion doesn't qualify for a flare up I have bad back but is doing dead-lifts qualify for a flare up? or would they just tell my not to do dead-lifts anymore and find an alternative exercise to do? Just something to think about.
 

Oompahpa

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According to my counsel, I’m not actually going to be going to speak to the board. I am simply trying to buy time for me to get to my ortho doc to get my ROM test done and to talk to her about what she thinks my course of action should be. Apparently if I get the ROM tests done, I can increase my VA rating to my benefit. So I’ll see what I can do. I appreciate your response!
 

tony292

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I’m currently still in service, but I’m in the “waiting for FPEB” stage of my board. I opted to go with an in person hearing instead of the telephone hearing they’re doing now to give me more time to get more range of motion tests done. I am referred for my knees, and I got 10% due to pain in my knees (arthritis and referred for patellofemoral conditions). In order to get to the 30% threshold, I have to get a range of motion test that shows that I have a limited ROM. That only happens when I do a lot of PT and my knees flare up and get fluid inside, which makes it tricky to get a range of motion test done to show my issue. So if I accept my current findings because I wasn’t able to get a ROM test done when I was having a flare up, will I be able to have a test done after my EAS to show that I have this issue?
I recommend go for a run just before your ROM exam. Seriously you want the exam to show you at your worst. If PT makes it worse then do some PT.
 
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