Clarification

D

Deric

PEB Forum Regular Member
Registered Member
I was placed on the PEB for the following conditions:
Degenerative Disc Disease
Lumbar Radiculopathy
S/P Lumbar Laminectomy

I just got word that the PEB found me UNFIT and was given the following ratings:
Back 20%
Leg 20% as a category 3 code.

What does the category 3 code mean?
 
It sounds like a priority (of care) category.
 
Deric said:
I was placed on the PEB for the following conditions:
Degenerative Disc Disease
Lumbar Radiculopathy
S/P Lumbar Laminectomy

I just got word that the PEB found me UNFIT and was given the following ratings:
Back 20%
Leg 20% as a category 3 code.

What does the category 3 code mean?
Click to expand...

Welcome to the PEB Forum! :)

Hmm, what's your current status in the U.S. military (e.g., active, reserve, guard) at this point? :confused:

From your feedback above, it seems that that your "Degenerative Disc Disease S/P Lumbar Laminectomy" was potentially evaluated by the DoVA D-RAS via the Range of Motion (ROM) criteria within 38 CFR VASRD, is that a correct assumption at this point? If so, then you should carefully read the section within the DoVA rating decision documentation which states why a higher rating is not warranted and immediately review your medical evidence/medical documentation for any compliance.

Moreover, as based upon your feedback, it seems that your "Lumbar Radiculopathy" wasn't evaluated by the DoVA D-RAS, is that a correct assumption at this point? If so, then it may be in your best interest to request a FPEB hearing and/or a VARR request to rectify the administrative oversight!

Unfortunately, I can't yield a sound insightful response to your "What does the category 3 code mean" at this point albeit I am sure that other PEB Forum members shall provide their feedback hopefully soon! ;)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Warrior,

I'm currently on active duty. As for the results, I have not seen an official letter from the PEB. My MSC gave me the aforementioned information when I called him to see if there was an answer from the PEB if I was found "Fit" or "Unfit". I was found unfit and he told me the ratings that were assigned to my boarded conditions.
 
Deric said:
Warrior,

I'm currently on active duty. As for the results, I have not seen an official letter from the PEB. My MSC gave me the aforementioned information when I called him to see if there was an answer from the PEB if I was found "Fit" or "Unfit". I was found unfit and he told me the ratings that were assigned to my boarded conditions.
Click to expand...

Indeed, thanks! As such, what's your specific branch of service (e.g., USA, USAF, USN, USMC)? :confused:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
See SECNAVINST 1850.4e. Also see DoDI 1332.18. A cat 3 condition is not compensable. With only a 20% rating, you will be medically separated vice medically retired. Did you have other conditions that were rated by the VA. You can request a formal board to argue other conditions were unfitting as well. You can request a VA reconsideration if you disagree with the ratings the VA assigned to your unfitting condition.

Mike
 
maparker,

The VA gave me a 90% disability rating for my other conditions.
 
Can you make the argument that these other conditions contribute to your unfitness?

Mike
 
I believe I can. I had two reconstructive ankle surgeries in 04 and 06 and have developed Planters Fasciitis, both of which the VA gave a 10% rating on each claimed item.
 
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