Va and then MEB forgot to rate condition on profile

So I got my ratings back (after 4months) and the VA did an exam (or their version of one) and then never rated the issue which was one of the issues on my P3. Has anyone else had this issue? I am looking to have them look at the exam and EMG to add the issue. I am currently sitting as seen below for my ratings:
DoD 20%
VA100%

TBi with PTSD 70%
Sleep Apnea with Pulmonary Nodules 50%
Temporomandibular Joint Disorder with Arthritis 40%
Right Foot Fracture 30%
Hypertension 20%
Nephrolithiasis 20%
Right Knee Tendonitis 10%
Right Shoulder Tendonitis 10%
Left Shoulder Tendonitis 10%
Left Wrist Tendonitis 10%
Right Wrist Tendonitis 10%
Cervical Spine (DDD) 10%
Lumbar Spine (DDD) 10%
Right Hip Strain 10%
Left Hip Strain 10%
Left Ankle Strain 10%
Tinnitus 10%
GERD 10%
and eight 0%

I was not looked at by DoD for the PTSD/TBi has anyone had this added after the fact? Thanks

 

[scoutCC]

Was the PTSD/TBI not listed on the 199 at all?

The DOD looked at every condition listed on the 199 to determine fit/unfit. A P3 is not a guarantee of an unfit finding. A P3 says you do not meet medical retention criteria. The PEB's job is to determine if that should be waived and you found fit or if it does truly interfere with the performance of your duties and you are unfit.

I would submit evidence to the PEB along with a memo saying why you believe the condition is preventing you from performing your duties. A MEB lawyer should draft this for you. Sometimes they just screw up and its an easy fix. Other times you really just don't have the evidence that you can't perform due to the condition or some of the evidence is contradictory, so they don't correct the error and you have to go to the FPEB. You may need to gather more or better evidence.

No real evidence of it, but its strongly suspected they just send out a lowball rating on purpose, just to see if you won't fight it. At a 70% rating with a P3, my guess is it was either extreme oversight or a lowball offer but correctable. Talk to the Soldier's Counsel lawyers for help.

 

[Warrior644]

So I got my ratings back (after 4months) and the VA did an exam (or their version of one) and then never rated the issue which was one of the issues on my P3. Has anyone else had this issue? I am looking to have them look at the exam and EMG to add the issue. I am currently sitting as seen below for my ratings:
DoD 20%
VA100%

TBi with PTSD 70%
Sleep Apnea with Pulmonary Nodules 50%
Temporomandibular Joint Disorder with Arthritis 40%
Right Foot Fracture 30%
Hypertension 20%
Nephrolithiasis 20%
Right Knee Tendonitis 10%
Right Shoulder Tendonitis 10%
Left Shoulder Tendonitis 10%
Left Wrist Tendonitis 10%
Right Wrist Tendonitis 10%
Cervical Spine (DDD) 10%
Lumbar Spine (DDD) 10%
Right Hip Strain 10%
Left Hip Strain 10%
Left Ankle Strain 10%
Tinnitus 10%
GERD 10%
and eight 0%

I was not looked at by DoD for the PTSD/TBi has anyone had this added after the fact? Thanks

Congratulations on the recent receipt of your IPEB findings inclusive of DoD and DoVA proposed ratings!

At this point in the DoD IDES process, you will need to request a FPEB hearing to present all available medical evidence and/or medical documentation to potentially receive an "unfit for duty" finding on your "PTSD/TBi" condition to include any other medical condition(s) in which you believe is(are) unfit for duty for continued military service.

In reference to your other P3 medical condition, was it determined to be "medically acceptable" or "medically unacceptable" by the MEB? As such if found "medically unacceptable" by the MEB, was it determined to be "unfit for duty" by the PEB?

To that extent if yes, then you could submit a VARR request to have the aforementioned unidentified "unfit for duty" medical condition properly evaluated by the DoVA D-RAS while still an active member of the U.S. military.

Otherwise, for all not unfit for duty medical conditions, you would need to wait until your official military status changes to a military veteran for any potential DoVA D-RAS rating change opportunity.

With that all said, please take care and continue to enjoy life!

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

Best Wishes!

 

[medic75]

Was the PTSD/TBI not listed on the 199 at all?

The DOD looked at every condition listed on the 199 to determine fit/unfit. A P3 is not a guarantee of an unfit finding. A P3 says you do not meet medical retention criteria. The PEB's job is to determine if that should be waived and you found fit or if it does truly interfere with the performance of your duties and you are unfit.

I would submit evidence to the PEB along with a memo saying why you believe the condition is preventing you from performing your duties. A MEB lawyer should draft this for you. Sometimes they just screw up and its an easy fix. Other times you really just don't have the evidence that you can't perform due to the condition or some of the evidence is contradictory, so they don't correct the error and you have to go to the FPEB. You may need to gather more or better evidence.

No real evidence of it, but its strongly suspected they just send out a lowball rating on purpose, just to see if you won't fight it. At a 70% rating with a P3, my guess is it was either extreme oversight or a lowball offer but correctable. Talk to the Soldier's Counsel lawyers for help.

Yes I understand how the P3 works it was that the VA did an exam on it and it was the only condition not listed anywhere on the VA % sheet or the 199. They just completely forgot it, and it was one of the unfit conditions. I am trying t do a VARR as Warrior644 stated to hopefully correct it. I was just surprised to see them completely forget a major condition, one that I was being boarded for. I am trying to not to FPEB but it is taking 4-6 weeks here now.

 

[makeinu]

I'm fighting a similar problem. One of my residuals was not rated by the VA at all, and I'm going to FPEB with corroborating evidence to add an unfitting condition. Unfortunately, due to lack of cooperation from the disability attorney at NMCSD and my neurologist, I am having to seek outside medical advice on the matter. Should be well worth the expense, in the end, however.

Don't stop fighting while still in uniform. Once out, you're just another schlub in civvies with his hand out at the VA. Right now, you're priority.

 

[Warrior644]

I'm fighting a similar problem. One of my residuals was not rated by the VA at all, and I'm going to FPEB with corroborating evidence to add an unfitting condition. Unfortunately, due to lack of cooperation from the disability attorney at NMCSD and my neurologist, I am having to seek outside medical advice on the matter. Should be well worth the expense, in the end, however.

Don't stop fighting while still in uniform. Once out, you're just another schlub in civvies with his hand out at the VA. Right now, you're priority.

Welcome to the PEB Forum!

Indeed, that's the "fighting spirit" in my opinion for sure!

Hmm, a lack of cooperation by legal & medical so-called professionals; no surprise as evident from my glorious 618 calendar days within the DoD IDES process!

Nonetheless, never default acceptance to any injustices; fight then continue to fight some more until receipt of your desired expectations supportable via available medical evidence and/or medical documentation! Take care!

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

Best Wishes!

 

[scoutCC]

VARR only asks the VA to change a rating, they have no ability to change the what gets made into a DoD %.

If the condition isn't listed on the VA % sheet, why do you list TBI with PTSD as the first condition at 70%? Where did you get the 70%?

 

[Warrior644]

VARR only asks the VA to change a rating, they have no ability to change the what gets made into a DoD %.

If the condition isn't listed on the VA % sheet, why do you list TBI with PTSD as the first condition at 70%? Where did you get the 70%?

Hmm, from my experiences within the DoD IDES MEB/PEB process with several granted FPEB hearings...

While on Active Duty in the DoD IDES process, submission of a VARR request could potentially yield only favorable results to the "unfit for duty" medical conditions whether the "unfitness" was originally adjudicated by the PEB or adjudicated afterwards by a FPEB hearing via the DoD IDES appeals process!

To that extent, within the DoD IDES process, it is a mandatory requirement that the DoD must adopt the DoVA proposed ratings for all "unfit for duty" medical conditions. If applicable, the DoD shall combine all adopted DoVA proposed ratings to obtain an overall DoD proposed rating for the "unfit for duty" medical conditions!

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

Best Wishes!