Referred conditions questions

R

RogerDayton

Active Member
PEB Forum Veteran
Registered Member
I was referred for MEB and my referred condition is herniated disc, ddd, and Radiculopathy in left leg. However I have Radiculopathy in both left and right legs. But for some reason my PEBLO said it only says left. I am currently in the beginning stages of the MEB I just met my peblo yesterday and have my IDES brief on 1 October. And have done no exams.

My question is how can I add the right leg in there as well as referred condition. Or am I even able to? I don't want anything to be sent up until that is on there as a referee condition. Is there a point In this process that I sit down with someone to review refereed confirms before they get sent up. I know eventually I will sit with a MSC for VA to do those claims but my main concern is the referee conditions since that determines if I'm medically retired or not.

I am confused about the whole referred condition thing. Like can things be added?
 
The IDES brief should give you full insight on this process, but just know that you can add referred conditions up until a certain point, that point being after all your C&P exams are done, and you sign your package.

Based on where you are in the process now, it would probably be best for you to work with your PCM to get that other side added to your referred list. I think the only drawback to doing this is it can increase the total MEDBOARD time.

Keep in mind that adding it to your referred conditions will only impact your DoD rating. If you aren't too worried about your DoD rating, once you speak to your MSC, they will send you all the documentation you need to submit your VA claims, at which point you will be able to add the other radiculopathy side to your VA disability list; In other words, that right side doesn't need to be on your referred list in order to receive VA disability for it.

Hope that all makes sense. The process seems convoluted at first, but there is a ton of great info here, along with some smart folks, that can help you. The IDES brief will give you a ton of good info, as well. Definitely take a notebook :cool:

Shaun
 
I definitely want it to be on referred list because I really want atleast 30% from DOD so I can receive tricare for my family for life. And as far as getting it added to referred list should I talk to my PCM or PEBLO about adding it. It is in my records already from my pain mngmt doctor but for some reason was not added. My PEBLO told me my referred conditions and that was not one of them and I feel like it should be because my left leg is so how is my right leg not? And another question since the MEB has started do I have my PCM add it or someone else?
 
RogerDayton said:
I definitely want it to be on referred list because I really want atleast 30% from DOD so I can receive tricare for my family for life. And as far as getting it added to referred list should I talk to my PCM or PEBLO about adding it. It is in my records already from my pain mngmt doctor but for some reason was not added. My PEBLO told me my referred conditions and that was not one of them and I feel like it should be because my left leg is so how is my right leg not? And another question since the MEB has started do I have my PCM add it or someone else?
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Chances are it won't be referred. You are going to want to build your case to have it added though. Starting with your commander's impact statement. Make sure that condition is listed and that it states what things it prevents you from doing your MOS. Then when the NARSUM comes out if that condition is listed by the docs as fitting you are going to at the very least submit a rebuttal arguing that it should be added. You are doing all these things so that it builds your case to add it via FPEB after the informal iPEB states its fitting when you think it should be unfitting.

This stuff is very complicated and 2 people with similar health issues can get widely different results. That is because their is some subjectivity to it and typically those who plan and continue to fight get the better result. As always I recommend hiring a private dedicated IDES attorney if you can because they will give you the best chance of getting the best result and it definitely give you a peace of mind through the process. I'll send you some references. If you have just started that's the best time to hire one. That gives you the best runway to succeed.
 
Provis said:
Chances are it won't be referred. You are going to want to build your case to have it added though. Starting with your commander's impact statement. Make sure that condition is listed and that it states what things it prevents you from doing your MOS. Then when the NARSUM comes out if that condition is listed by the docs as fitting you are going to at the very least submit a rebuttal arguing that it should be added. You are doing all these things so that it builds your case to add it via FPEB after the informal iPEB states its fitting when you think it should be unfitting.

This stuff is very complicated and 2 people with similar health issues can get widely different results. That is because their is some subjectivity to it and typically those who plan and continue to fight get the better result. As always I recommend hiring a private dedicated IDES attorney if you can because they will give you the best chance of getting the best result and it definitely give you a peace of mind through the process. I'll send you some references. If you have just started that's the best time to hire one. That gives you the best runway to succeed.
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Okay yes please send me some but I just don't understand why it's not a reffered condition if my left leg is? And what's a commanders impact statement? I have not heard or briefed about that before.
 
RogerDayton said:
Okay yes please send me some but I just don't understand why it's not a reffered condition if my left leg is? And what's a commanders impact statement? I have not heard or briefed about that before.
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What Provis is referring to may also be called a Non-Medical Assessment (NMA). It's a form that, depending on your rank, you may or may not see. It's for your CO to fill out, sign, and then your command submits it for the MEDBOARD. If you are of a higher rank, you may end up filling it out yourself, as was the case for me. I'm Navy, and I received mine from my command's YNC / Admin. She had me fill it out, enter comments for the CO, then send it back.

The NMA will list all of your referred conditions, and there is a large space for your CO to put his/her remarks on how your condition impacts your job.

Did you do an intake appointment with an 'Intake PEBLO'? That was the first thing I did once I was submitted to the MEDBOARD, and the Intake PEBLO explained the NMA to me.

Shaun
 
I am SSG is the Army. And I did my initial counseling 2 days ago with my PEBLO but did not hear anything about that form. I have my IDES brief next Tuesday. My main concern is making sure that my referred conditions are correct. As long as I can see what my referred conditions are before they are sent up I will be fine but if the conditions are not correct I won't sign off on it. Is that how this works? Like do I need to sign off on anything before it goes up to the next step? I am new to this and don't really understand it too much .
 
RogerDayton said:
I am SSG is the Army. And I did my initial counseling 2 days ago with my PEBLO but did not hear anything about that form. I have my IDES brief next Tuesday. My main concern is making sure that my referred conditions are correct. As long as I can see what my referred conditions are before they are sent up I will be fine but if the conditions are not correct I won't sign off on it. Is that how this works? Like do I need to sign off on anything before it goes up to the next step? I am new to this and don't really understand it too much .
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I’m not entirely sure what would happen if you don’t sign your package in the event that it’s inaccurate, but others here could possibly chime in.

When I went through the IDES brief - which for me was literally just a few months ago - a handful of the presenters made it a point to ensure we understood the importance of accuracy…even to the point of involving a legal team to go over your paperwork before you sign anything.

So if yours is inaccurate due to missing your right-side radiculopathy, there is a way to get it added…unfortunately I just don’t recall what that process is, but I definitely remember them telling us you can do it.

I would reiterate that you should speak to your PCM ASAP and ask them if they can assist. Your PCM will be writing up your Narrative Summary, which is ultimately what you will sign in order for your package to be submitted, so that’s as good a place to start as any.

Also, ask that question at your IDES brief, especially when one of the attorneys is presenting. They should be able to give you the most accurate info.

Shaun
 
18Blade said:
I’m not entirely sure what would happen if you don’t sign your package in the event that it’s inaccurate, but others here could possibly chime in.

When I went through the IDES brief - which for me was literally just a few months ago - a handful of the presenters made it a point to ensure we understood the importance of accuracy…even to the point of involving a legal team to go over your paperwork before you sign anything.

So if yours is inaccurate due to missing your right-side radiculopathy, there is a way to get it added…unfortunately I just don’t recall what that process is, but I definitely remember them telling us you can do it.

I would reiterate that you should speak to your PCM ASAP and ask them if they can assist. Your PCM will be writing up your Narrative Summary, which is ultimately what you will sign in order for your package to be submitted, so that’s as good a place to start as any.

Also, ask that question at your IDES brief, especially when one of the attorneys is presenting. They should be able to give you the most accurate info.

Shaun
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In the Army you don't sign off on the packet. Also, your PCM doesn't write up the NARSUM. There are different doctors assigned to do that.

It starts with Fit for Duty exam or PCM issuing P3 profile. Then meet with PEBLO with a short briefing. Another briefing from legal. Then meet with MSC and fill out form to file for VA disabled conditions for which you include everything not just referred unfitting conditions. Next up are VA C&P exams which are typically done by contractors such as QTC. Then a long wait. Then PEBLO calls you up to say NARSUM finished. He sends it over for you to review. That is the first time you can appeal anything. The NARSUM is basically a summary of everything wrong with you medically. They will list each condition and whether its unfitting or fitting, combat related or not combat related etc. Since the informal PEB usually rubber stamps the NARSUM that will give you an idea of what conditions will be found by the iPEB as unfitting. For the NARSUM you can concur, submit a written rebuttal and or request an IMR (Independent Medical Review) and another doctor will review the medical evidence and include a 2nd opinion on the NARSUM of what they think.
 
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