NARSUM and Adding Referred Conditions

[notacos4u]

So i am in an MEB. 18 years active, 19 years total including Mday time. I was referred for my left shoulder and limitations post surgery. I inquired during the initial meeting with my MRC and Peblo about being able to add other conditions for referred conditions and was told during the course of examinations, they would add them. I have completed all of my DBQ's and C&P exams. I just received my NARSUM, and it is stating just the 3 things for my left shoulder as being NFD, Left shoulder impingement, Left shoulder degenerative arthritis, and Residuals s/p left shoulder bicep tear repair vs. Residuals s/p left shoulder arthroscopy with rotator cuff repair and subacromial decompression Diagnosis.

All other conditions they said were FFD. My question is, the things I was looking to add for referred conditions revolved around my right shoulder, my neck, as well as my back. From the DBQ's, ROM test and X-rays, all 3 are as bad as, if not worse than my left shoulder, yet they say those meet retention standards and are FFD. I'm confused on how to get them added as referred conditions. I have a meeting with the base JAG to discuss these discrepancies as well as my deployments being wrong as well. I was wondering if anyone has any ideas on how to broach this and address it with the JAG October 29, and what courses of actions I have available to me to get these added. Thanks and appreciate anyone's assistance.

Also, what part of the ROM exercises due they utilize for compensation of the condition? I know there is the initial, 3 reps, repeated use, and then flare up. Which range do they use to determine your rating %? For example;
initial 40*
3 reps 40*
repeated use 35*
flare up 30*

and then they have 4 different ways they evaluated my shoulder. Flexion, Abduction endpoint, internal rotation endpoint, and external rotation endpoint. Which one of those 4 are they going to use and which one of the 4 above?

What % could I expect to see with the above listed limitations? Thanks

 

[Provis]

So i am in an MEB. 18 years active, 19 years total including Mday time. I was referred for my left shoulder and limitations post surgery. I inquired during the initial meeting with my MRC and Peblo about being able to add other conditions for referred conditions and was told during the course of examinations, they would add them. I have completed all of my DBQ's and C&P exams. I just received my NARSUM, and it is stating just the 3 things for my left shoulder as being NFD, Left shoulder impingement, Left shoulder degenerative arthritis, and Residuals s/p left shoulder bicep tear repair vs. Residuals s/p left shoulder arthroscopy with rotator cuff repair and subacromial decompression Diagnosis.

All other conditions they said were FFD. My question is, the things I was looking to add for referred conditions revolved around my right shoulder, my neck, as well as my back. From the DBQ's, ROM test and X-rays, all 3 are as bad as, if not worse than my left shoulder, yet they say those meet retention standards and are FFD. I'm confused on how to get them added as referred conditions. I have a meeting with the base JAG to discuss these discrepancies as well as my deployments being wrong as well. I was wondering if anyone has any ideas on how to broach this and address it with the JAG October 29, and what courses of actions I have available to me to get these added. Thanks and appreciate anyone's assistance.

Also, what part of the ROM exercises due they utilize for compensation of the condition? I know there is the initial, 3 reps, repeated use, and then flare up. Which range do they use to determine your rating %? For example;
initial 40*
3 reps 40*
repeated use 35*
flare up 30*

and then they have 4 different ways they evaluated my shoulder. Flexion, Abduction endpoint, internal rotation endpoint, and external rotation endpoint. Which one of those 4 are they going to use and which one of the 4 above?

What % could I expect to see with the above listed limitations? Thanks

Make sure to at least submit a rebuttal stating what additional conditions are unfitting and why. This is your first chance to argue for adding conditions. This is crucial to help build your case for the FPEB. You typically only have 5 days to make a selection so if you can't see JAG until after that period make sure to get a continuation approved to give you the time or select rebuttal and ask for additional time to submit it since JAG isn't available in a timely manner. That is why I always recommend hiring a private attorney instead of relying the free JAG services for IDES. The outcome will have a lifetime of financial repercussions and so its not worth risking it by getting a small slice of time from JAG who have way too many cases to be able to give each Soldier the time needed to properly help them in their case.

Also, its a joke that the PEBLO said other things will be added at the NARSUM stage. Typically if a condition isn't referred it won't be found unfit by the NARSUM docs. I hate when they state crap like that because they make it sound like its gonna happen for you. It does happen but its super rare. Meaning you need to plan for any condition not referred to be found fit so that during that time while you are waiting you can start gathering medical evidence to strengthen your case for adding that condition as unfitting.

 

[notacos4u]

Make sure to at least submit a rebuttal stating what additional conditions are unfitting and why. This is your first chance to argue for adding conditions. This is crucial to help build your case for the FPEB. You typically only have 5 days to make a selection so if you can't see JAG until after that period make sure to get a continuation approved to give you the time or select rebuttal and ask for additional time to submit it since JAG isn't available in a timely manner. That is why I always recommend hiring a private attorney instead of relying the free JAG services for IDES. The outcome will have a lifetime of financial repercussions and so its not worth risking it by getting a small slice of time from JAG who have way too many cases to be able to give each Soldier the time needed to properly help them in their case.

Also, its a joke that the PEBLO said other things will be added at the NARSUM stage. Typically if a condition isn't referred it won't be found unfit by the NARSUM docs. I hate when they state crap like that because they make it sound like its gonna happen for you. It does happen but its super rare. Meaning you need to plan for any condition not referred to be found fit so that during that time while you are waiting you can start gathering medical evidence to strengthen your case for adding that condition as unfitting.

My PEBLO did state they were granting me an extension due to not being able to consult with JAG in a timely manner. She was also requesting I meet with her immediately afterwards to sign the NARSUM documents. I am assuming by your comments, there is a good chance my rebuttal would not be completed in time by just meeting with the JAG. Do you have an example format for writing a rebuttal? What other options do I have when it comes time to meet with the PEBLO to sign the Narsum? Do you have a list of private attorneys you recommend? There are so many out there, and I've heard some are better than others at getting the desired outcome. Thanks in advance

 

[Provis]

My PEBLO did state they were granting me an extension due to not being able to consult with JAG in a timely manner. She was also requesting I meet with her immediately afterwards to sign the NARSUM documents. I am assuming by your comments, there is a good chance my rebuttal would not be completed in time by just meeting with the JAG. Do you have an example format for writing a rebuttal? What other options do I have when it comes time to meet with the PEBLO to sign the Narsum? Do you have a list of private attorneys you recommend? There are so many out there, and I've heard some are better than others at getting the desired outcome. Thanks in advance

I will send you the once I have vetted. As for IDES attorneys there are only like 7 out there worth their salt. IDES is very specialized so its only worth it to hire one if you get one that dedicates their practice in that area.