FPEB question

[russtans]

Hello all,

I am sending my 199 back today requesting a FPEB. My goal for this is to add my radiculopathy to my DDD as an unfitting condition. The DOD gave me 10% for my back, while the VA added 10% for each leg for the radiculopathy.

I am curious if anyone out there has had success in doing this, and if so what was the strategy/documentation you went with?

On the military disability made easy site they mention that a secondary condition like this can be rated, if it contributes to the unfitting condition even if it is not unfitting by itself. However they didn't provide any links to the reg that states that, any ideas where I can find this?

Army btw, thanks for your help.....

 

[Camp P Marine]

If the FPEB declares your leg condition as unfitting you can then ask the VA for a Rating Reconsideration.

Hello all,

I am sending my 199 back today requesting a FPEB. My goal for this is to add my radiculopathy to my DDD as an unfitting condition. The DOD gave me 10% for my back, while the VA added 10% for each leg for the radiculopathy.

I am curious if anyone out there has had success in doing this, and if so what was the strategy/documentation you went with?

On the military disability made easy site they mention that a secondary condition like this can be rated, if it contributes to the unfitting condition even if it is not unfitting by itself. However they didn't provide any links to the reg that states that, any ideas where I can find this?

Army btw, thanks for your help.....

I believe you are referring to a Category II condition. Cat I = Unfitting; Cat II = Not Unfitting by itself, but related to an unfitting condition; Cat III = Not unfitting, not contributing to an unfitting condition.

In the VARR, the JAG asked the VA to reconsider the Cat II condition, I have no idea what the outcome will be. I also realize the VA might refuse to entertain that portion of the reconsideration request.