2nd IDES, New C&P Exam Required?

J

jc27

PEB Forum Regular Member
Registered Member
I was Returned to Duty from the FPEB back in Oct 2019. I have just been referred to the IDES again, can my original C&P Exams be used in-lieu of new C&P Exam? If they do not just accept my original C&P Exams outright, can they at least be used as supporting documentation? I had very favorable rating on my original C&P Exams, and don't trust the VA to repeat their conclusions.

The only thing i could find that may or may not apply is in:

M21-1, Part X, Subpart i, Chapter 6, Section I - Integrated Disability Evaluation System (IDES) Processing Based on Service Department Outcomes​


X.i.6.I.2.d. When a Proposed Rating Decision Is Not Binding​

VA is not bound by the decisions set forth in an IDES participant’s proposed rating decision if
  • the participant’s service department returns him/her to duty (based on disenrollment or an MEB or PEB determination), and
  • the participant subsequently files a claim for VA benefits, to include a Benefits Delivery at Discharge (BDD) or other pre-discharge claim.

This makes it almost sound like that if I don't claim anything outside of my unfit for duty condition, then my previous claims would still be valid. The only thing is it sounds high risk to me.

Any help with my situation is greatly appreciated.
 
jc27 said:
I was Returned to Duty from the FPEB back in Oct 2019. I have just been referred to the IDES again, can my original C&P Exams be used in-lieu of new C&P Exam? If they do not just accept my original C&P Exams outright, can they at least be used as supporting documentation? I had very favorable rating on my original C&P Exams, and don't trust the VA to repeat their conclusions.

The only thing i could find that may or may not apply is in:

M21-1, Part X, Subpart i, Chapter 6, Section I - Integrated Disability Evaluation System (IDES) Processing Based on Service Department Outcomes​


X.i.6.I.2.d. When a Proposed Rating Decision Is Not Binding​

VA is not bound by the decisions set forth in an IDES participant’s proposed rating decision if
  • the participant’s service department returns him/her to duty (based on disenrollment or an MEB or PEB determination), and
  • the participant subsequently files a claim for VA benefits, to include a Benefits Delivery at Discharge (BDD) or other pre-discharge claim.

This makes it almost sound like that if I don't claim anything outside of my unfit for duty condition, then my previous claims would still be valid. The only thing is it sounds high risk to me.

Any help with my situation is greatly appreciated.
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They will do a new C&P all over again. If they send you to IDES a second time there is probably a better chance of being found unfit. I would consult with some attorneys for advice. If trying to be found fit it is risky. You won last time but if you don't get that same answer you are going to get a very low rating and possible not be able to be medically retired. You need more outside information from someone who can tell you the likely outcome so that you can strategized based on the likelihood. If likely unfit you need to make sure you aren't minimizing your symptoms. I would contact Jason Perry or John B Gately for advice. Look them up on Google. They specialize in the IDES process.
 
Provis said:
They will do a new C&P all over again. If they send you to IDES a second time there is probably a better chance of being found unfit. I would consult with some attorneys for advice. If trying to be found fit it is risky. You won last time but if you don't get that same answer you are going to get a very low rating and possible not be able to be medically retired. You need more outside information from someone who can tell you the likely outcome so that you can strategized based on the likelihood. If likely unfit you need to make sure you aren't minimizing your symptoms. I would contact Jason Perry or John B Gately for advice. Look them up on Google. They specialize in the IDES
Click to expand...
Thank you for the reply. I should have been more specific. I was returned to duty only because the condition I was PEBd for, the board was able to see I was misdiagnosed. I am now being PEBd for Fibromyalgia, which I received 40% for, and was 100% overall during my first IDES. I would very much like to see those same percentages on this second go-around.
 
jc27 said:
Thank you for the reply. I should have been more specific. I was returned to duty only because the condition I was PEBd for, the board was able to see I was misdiagnosed. I am now being PEBd for Fibromyalgia, which I received 40% for, and was 100% overall during my first IDES. I would very much like to see those same percentages on this second go-around.
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If you like the results bring in the original C&P exam and state nothing has changed since the last exam:)
 
jc27 said:
Thank you for the reply. I should have been more specific. I was returned to duty only because the condition I was PEBd for, the board was able to see I was misdiagnosed. I am now being PEBd for Fibromyalgia, which I received 40% for, and was 100% overall during my first IDES. I would very much like to see those same percentages on this second go-around.
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Any update?
 
Armybird08 said:
Any update?
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So I did end up having to re-accomplish my C&P exams. The first time I did it, I was 100% P&T, with plenty of percentage points left over. This last go around, I still made P&T, but barely. Even though I had more documentation to show severity of some of my claims has increased, I ended up be rated lower of many of my claims which is very frustrating. The only reason why I am not fighting it, is because I still made 100% P&T, so it will not make a difference.
 
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