ROM for PEB

R

rumrunner

PEB Forum Regular Member
Registered Member
How difficult is it for the formal PEB to take into account a new ROM for the lumbar.
 
The PEB does not use the ROM number, the VA does. The VA is who provides all the ratings. Call the 1-800 number and tell them you have new evidence regarding your case and they should allow you to send it depending on the source. Where did you get the new ROM numbers? If it was not generated by a C&P examiner, it probably is not going to be accepted.
 
Also the FPEB can only adjust your unfitting conditions as well as the VA. if you just want a VA reconsideration waive the formal and go straight to the VAR. if you want higher DOD, then go forward w FPEB. They can lower your stuff as well
 
I am going to the FPEB, I got the ROM done by the Physical Therapist at the WTU. How can I get a new C&P it has been six months since my first one.
 
rumrunner said:
I am going to the FPEB, I got the ROM done by the Physical Therapist at the WTU. How can I get a new C&P it has been six months since my first one.
Click to expand...

I believe there is a No Later Than sort of timeline regarding NARSUM and C&P being valid at PEB, but I could be totally wrong. Like, if the PEB determines your evaluations were done too long ago, they will order new ones. That's something worth looking into...maybe someone else will chime in.
 
Sorry to restart and old thread. How does one go about getting a New ROM if the VA refuses to accept anything that isn't from them? I'm not far enough out to get a new C&P exam even though I've asked for a new one several times.
 
WHOA, WHOA, WHOA!!!! The VA must consider all relevant evidence. They cannot out of hand reject competent evidence. This is an issue that comes up again and again in VA cases (and, I do understand how people might think that there has to be some kind of "official" exam...but all competent evidence must be addressed by the VA). Quite a separate issue is what happens in the IDES. The VA seems to believe that they don't have to follow all of their own rules when rating as case "in" the IDES. Based on peculiar jurisdictional issues, it seems to me that there is no remedy or jurisdiction of a court to address this; however, the good news is that once in Veteran status after separation/retirement, then all of the rules are applied (or, if they are not, there are avenues to appeal). All of this is very complicated. However, my point is that all evidence must be considered under VA rules and case law. (If you submit something from your Witch Doctor, without more, this may be rejected if the VA gives a reason for it...however, so long as the Witch Doctor has a basis for the observation, it must be considered; different question if Witch Doctors would be expert or lay witnesses...hope I made the point clearer rather than muddying it.
 
You must log in or register to reply here.
Top