PEB findings in

[kad4233]

11 years USAF
11 years Air National Guard

VA
60%

DOD
20% shoulder unfit


Not satisfied with the 20% rating. My C&P examiner did not use a Goniometer to measure ROM. I ask for a impartial review because I didn't agree with the 90 degree ROM. The impartial review Doctor stated that he felt the ROM measurement was accurate quote "you moved it to about 90 degrees".? Again no measuring device used.

This injury happened 27 months ago and have been in physical therapy the better part of it. My ROM has been measured with Goniometer through out and not once have I had 90 degrees ROM. Last ROM measured the day the results from my C&P were received 60 degrees abduction ends 45 degrees painful motion begins.

How effective would the one-time reconsideration of disability rating be if I provided the PT records outlining my actual ROM throughout injury when measured with the Goniometer?
or
Would I be better going the Formal PEB route?

Thanks for any and all info

 

[scoutCC]

Formal PEB is not an option for your goal. They could add new conditions as unfit, but cannot assign their own rating if you are IDES. IDES requires the VA to rate, so VARR it is.

Should the VARR fail to correct the issue, you can file a Notice Of Disagreement with the VA and start an appeal once you are seperated, then go back to the BCMR to correct your rating.

 

[kad4233]

Thanks very much.

I have a call in to speak to USAF legal counsel. Hopefully he will guide me through that process.

 

[maparker]

Do you agree the other conditions don't contribute to unfitness? If not, that is an issue for the formal board.

Mike

 

[kad4233]

Yes, I do agree with other findings and ratings on them but 20% for rotator cuff is the only unfit condition.