I am going to be rated for Chronic Right knee Pain, S/P Arthroscopic Repair x2 and Lumbar back pain. How do they usually rate that? Any ideas?
Any idea of possible rating
- Thread starter Chem_SM
- Start date
Generally speaking, your rating for your knee and back will be based on flexion measurements (i.e. how far you can bend/move your knee/back before the onset of pain).
To echo the question of maparker, what of the IMA? Were you provided the opportunity to meet with one? If so, why are migraines not included on your 3947?
To echo the question of maparker, what of the IMA? Were you provided the opportunity to meet with one? If so, why are migraines not included on your 3947?
Hey there Mike,
I just sat down with my Impartial Med reviewer for 2 1/2 hours. He went through my med records and noted all my appointments that I had been on. I believe it was 9 or 10 this year just for my headaches/migraines. I have been on quarters at least 4 times but could be more like 5 or 6. Only one quarters slip was noted in my med records. Even the ones that I knew I went home on quarters for said released w/o limitations. My previous company doesnt have any of those quarters slips because I have all my files from them. I never saved any because I didn't understand the significance of them until now! I talked to the neurologist on the phone today at my Impartial review and he said unless I had frequent (2-3/week) incapacitating attacks, after he tried his own treatment would he consider finding my migraines medically unacceptable. The biggest thing that messes me up is that none of my quarter slips are noted. The reason I know this is because the last time I went on qtrs the doctor wrote released w/o limitations and I told the Impar. doc that I was put on qtrs for that and told him to turn the page. There was a copy of my qtrs slip. I almost feel that some of the other ones were done that way on purpose. I don't know what else to do. They are acknowledging that I do have these headaches they just aren't severe enough. Crazy, I'm looking at a 80+ % rating from the VA if all goes right and barely 20% from the Army.
I don't mean to go on and on but one thing that kinda just gets me is who determines what is frequent incapacitating attacks. Would it be different if I was at Ft Polk or Carson or somewhere? This neuro doc says 2-3 days a week. I definitely don't get that but I do get them at least once a month and that should be more properly documented (qtrs noted). Now I'm worried that I won't get properly rated by the VA because of this.
You Mike, have help me more than anyone thus far. I am obviously all ears when it comes to what you have to say about all that!! I am out of ideas.
Aside from this website and the awesome support of the people on it I have been mostly left to my own defenses. UGH...
I just sat down with my Impartial Med reviewer for 2 1/2 hours. He went through my med records and noted all my appointments that I had been on. I believe it was 9 or 10 this year just for my headaches/migraines. I have been on quarters at least 4 times but could be more like 5 or 6. Only one quarters slip was noted in my med records. Even the ones that I knew I went home on quarters for said released w/o limitations. My previous company doesnt have any of those quarters slips because I have all my files from them. I never saved any because I didn't understand the significance of them until now! I talked to the neurologist on the phone today at my Impartial review and he said unless I had frequent (2-3/week) incapacitating attacks, after he tried his own treatment would he consider finding my migraines medically unacceptable. The biggest thing that messes me up is that none of my quarter slips are noted. The reason I know this is because the last time I went on qtrs the doctor wrote released w/o limitations and I told the Impar. doc that I was put on qtrs for that and told him to turn the page. There was a copy of my qtrs slip. I almost feel that some of the other ones were done that way on purpose. I don't know what else to do. They are acknowledging that I do have these headaches they just aren't severe enough. Crazy, I'm looking at a 80+ % rating from the VA if all goes right and barely 20% from the Army.
I don't mean to go on and on but one thing that kinda just gets me is who determines what is frequent incapacitating attacks. Would it be different if I was at Ft Polk or Carson or somewhere? This neuro doc says 2-3 days a week. I definitely don't get that but I do get them at least once a month and that should be more properly documented (qtrs noted). Now I'm worried that I won't get properly rated by the VA because of this.
You Mike, have help me more than anyone thus far. I am obviously all ears when it comes to what you have to say about all that!! I am out of ideas.
Aside from this website and the awesome support of the people on it I have been mostly left to my own defenses. UGH...
Did they put the migraines on the 3947? Do you have any medical condition that was not included on the DA 3947. Again, per DoDI 1332.38, all medical conditions must be covered. Remember, just because it is on the DA 3947 does not mean it will be rated by the PEB. The PEB rate only conditions that they find unfitting. They can also find unfitting and rate conditions that contribute to unfitness even if it is not independently unfitting or even if the condition is medically acceptable. However, I have yet to see a case where the PEB did this. See Below:
DoDI 1332.38 - E3.P3.4.4. Overall Effect. A member may be determined unfit as a result of the overall effect of two or more impairments even though each of them, standing alone, would not cause the member to be referred into the DES or be found unfit because of physical disability.
Also, if the condition is at least listed on the DA 3947, but states it is medically acceptable or even EPTS, it will increase the odds of the PDBR having to review that condition during their review. We have already seen PDBR cases where the PDBR is refusing to review conditions that were not on the DA 3947 even though they were documented elsewhere in the MEB.
One of the key considerations you need to keep in mind is that the eligibility window for the PDBR closes on 31 December 2009. If your PEB is not finalized by that date, you cannot go the PDBR should they rate you below 30%.
You best course of action may be to non concur with your MEB, write an appeal that fills in the holes and documents all medical conditions, put it on an sworn official statement for extra bang, and get it moving to the PEB to get a PEB determination before the PDBR eligibility window expires.
By the way, my migraines were found medically unacceptable. I was never put on quarters and I only went to the ER years ago to try out new drugs like Imitrix injections. Because Imitrix can cause heart issues, they insisted the first shot be given to me at the ER in case it locked my heart up due to vascular constriction which the drug is designed to do. Once I took it without issue, I was allowed to self administered the drug at home which I do to this day.
Make a posting on this site and VBN to query fellow SM’s who whose migraines were deemed to be medically unacceptable to the circumstance of their migraine condition. This may flush out the inconsistencies on in the definition of the frequent incapacitating attacks standard that leads to medical unsuitability for migraines.
Mike
DoDI 1332.38 - E3.P3.4.4. Overall Effect. A member may be determined unfit as a result of the overall effect of two or more impairments even though each of them, standing alone, would not cause the member to be referred into the DES or be found unfit because of physical disability.
Also, if the condition is at least listed on the DA 3947, but states it is medically acceptable or even EPTS, it will increase the odds of the PDBR having to review that condition during their review. We have already seen PDBR cases where the PDBR is refusing to review conditions that were not on the DA 3947 even though they were documented elsewhere in the MEB.
One of the key considerations you need to keep in mind is that the eligibility window for the PDBR closes on 31 December 2009. If your PEB is not finalized by that date, you cannot go the PDBR should they rate you below 30%.
You best course of action may be to non concur with your MEB, write an appeal that fills in the holes and documents all medical conditions, put it on an sworn official statement for extra bang, and get it moving to the PEB to get a PEB determination before the PDBR eligibility window expires.
By the way, my migraines were found medically unacceptable. I was never put on quarters and I only went to the ER years ago to try out new drugs like Imitrix injections. Because Imitrix can cause heart issues, they insisted the first shot be given to me at the ER in case it locked my heart up due to vascular constriction which the drug is designed to do. Once I took it without issue, I was allowed to self administered the drug at home which I do to this day.
Make a posting on this site and VBN to query fellow SM’s who whose migraines were deemed to be medically unacceptable to the circumstance of their migraine condition. This may flush out the inconsistencies on in the definition of the frequent incapacitating attacks standard that leads to medical unsuitability for migraines.
Mike
The 3947 does have it listed. They have a pretty good listing of my medical issue this time around and they did find my back medically unacceptable which was formerly acceptable! My migraines are on there as acceptable. They have them listed as headaches. Does that make a difference? I think that is a really good idea about the sworn statement. I will write that this weekend. What exactly should I include on it?
One thing that just really bugs me is how up to being seen in the MEB clinic my records don't really have any discrepancies that I have noticed but since going to the MEB clinic there are quite a few that I have seen, ie the QTRs thing. They seem to go out of their way to make statements that make me look bad or like I'm malingering.
I have been taking imitrex for years now. Not the injections just the pills. My questions about the reg AR 40-501, 3-30g...it states that migraines with frequent incapacitating attacks... well it has now been explained to me by neurology here that frequent is 2-3 /week and in the DoDi1332.38 E4.12.1 incapacitating means those that Soldier must stop the activity and seek medical treatment...does this mean stop and get the imitrex or stop and go to the doctor?
Anyways, I will make a post for the migraine sufferers in a little bit.
Thanks again and keep the uplifting info coming!
The way I am looking at is if they want to disect the regs to benefit them then why should we not do the same to benefit us?
The outreach guy says to me, " you don't want to get into a pissing match with these people" and the Impartial doc says, "you don't want to force the neurologist to see you because if you force him into it he's not going to do anything more than have the appt and say yep I saw her and her headaches are fine and shut me down".
I have yet to ask for any special treatment. I have only asked to be treated fairly and by regulation.
If I had 2-3 migraines a week that I was put on qtrs for would probably make me want to a priest not a doctor!! LOL
One thing that just really bugs me is how up to being seen in the MEB clinic my records don't really have any discrepancies that I have noticed but since going to the MEB clinic there are quite a few that I have seen, ie the QTRs thing. They seem to go out of their way to make statements that make me look bad or like I'm malingering.
I have been taking imitrex for years now. Not the injections just the pills. My questions about the reg AR 40-501, 3-30g...it states that migraines with frequent incapacitating attacks... well it has now been explained to me by neurology here that frequent is 2-3 /week and in the DoDi1332.38 E4.12.1 incapacitating means those that Soldier must stop the activity and seek medical treatment...does this mean stop and get the imitrex or stop and go to the doctor?
Anyways, I will make a post for the migraine sufferers in a little bit.
Thanks again and keep the uplifting info coming!
The way I am looking at is if they want to disect the regs to benefit them then why should we not do the same to benefit us?
The outreach guy says to me, " you don't want to get into a pissing match with these people" and the Impartial doc says, "you don't want to force the neurologist to see you because if you force him into it he's not going to do anything more than have the appt and say yep I saw her and her headaches are fine and shut me down".
I have yet to ask for any special treatment. I have only asked to be treated fairly and by regulation.
If I had 2-3 migraines a week that I was put on qtrs for would probably make me want to a priest not a doctor!! LOL
The point is that frequent incapacitating attacks must be uniformly defined and applied. Else one is denied benefits because their neurologist states frequent is 2/3 a week and the other get benefits because his neurologist says 2/3 a month and yet a third a third says 2/3 a year.
DoDD 1332.18 mandates uniformity in the standards:
3.7. The standards for determining unfitness because of physical disability or
medical disqualification and the compensability of unfitting disabilities shall be uniform among the Services and between components within an individual Service. (See DoD Instruction 1332.38 (reference (e)).)
Ask them who defined frequent as 2/3 a week and if that definition is being uniformly applied in both the Army and DoD. If not, they are in violation of DODD 1332.18.
See the USAPDA website. Look at the objectives and the prime directive. While the USAPDA is not responsible for your MEB, they are responsible for the MEB being correct and complete before PEB adjudication of your conditions. That is why they sent back the first one, after a little prodding.
https://www.hrc.army.mil/site/Active/TAGD/Pda/policy_refs_Updated_062207.htm#PolicyMemos
I think you have already seen from past experience that they will screw you even when you don’t squawk about problems. I recommend pointing out and documenting errors in their ways early and often. They may still screw you but you help set yourself up for success in appeals, Congressional assistance, the press and the federal courts.
Mike
DoDD 1332.18 mandates uniformity in the standards:
3.7. The standards for determining unfitness because of physical disability or
medical disqualification and the compensability of unfitting disabilities shall be uniform among the Services and between components within an individual Service. (See DoD Instruction 1332.38 (reference (e)).)
Ask them who defined frequent as 2/3 a week and if that definition is being uniformly applied in both the Army and DoD. If not, they are in violation of DODD 1332.18.
See the USAPDA website. Look at the objectives and the prime directive. While the USAPDA is not responsible for your MEB, they are responsible for the MEB being correct and complete before PEB adjudication of your conditions. That is why they sent back the first one, after a little prodding.
https://www.hrc.army.mil/site/Active/TAGD/Pda/policy_refs_Updated_062207.htm#PolicyMemos
I think you have already seen from past experience that they will screw you even when you don’t squawk about problems. I recommend pointing out and documenting errors in their ways early and often. They may still screw you but you help set yourself up for success in appeals, Congressional assistance, the press and the federal courts.
Mike