Hello all,
Hope this finds everyone well. I wanted to update my case status and ask several questions to the folks on here concerning my way ahead with what I currently know. My case moved to Pending Decision Approval on 1 April. I spoke with my PEBLO today and he provided me with my preliminary ratings of 20% DOD and 90% VA. He stated that my official ratings should be forwarded to me via his office in 2-3 weeks.
With this said, I had 3 unfitting conditions: Lumbago (DDD, IVDS), bilateral radiculopathy (sciatica), and right ring and little finger paresthesis. I am still not aware of what conditions were found unfit by the board but, I am guessing the lumbago and radiculopathy were found unfit. As for the 20% DOD rating, here is where I find an issue. I believe that the VA rater likely lumped in the lumbago and radiculopathy and rated it as one condition instead of 2 separate conditions. If rated separately, I definitely would have achieved the 30% DOD rating that I am looking for and objectively rate based on my conditions, medical history and evidence in my medical file. So I am definitely going to contest the 20% rating but, here is where I need advice.
I have read at least 4 other similar cases to mine on this forum and all but 1 were initially rated incorrectly like mine likely has, and those individuals requested a FPEB and successfully had the situation rectified. Since my package mailed in January, I have accumulated 12 additional medical documents from various visits to include physical therapy sessions, pain management procedures, and follow ups with my PCM that all further support my unfit conditions that I was sent up for. I will also have a DBQ filled out this Friday for my thoracolumbar conditions by a Navy Ortho friend of mine in order to accurately denote my ROM since my VA C & P examiner was a joke and didn't properly measure my ROM with the proper device during my exam and simply briefly glanced over as I was going through the flex ion/extension portion. He also inaccurately checked boxes having to do with incapaciting episodes, etc. I have definitely been proactive and have continued to work my case accordingly even after mailing of my package. So my questions are as follows:
1) should I request reconsideration of ratings first for my erroneous ROM based on the new exam data I have, or go straight to requesting a FPEB to address the ROM inaccuracies and the lumbar / radiculopathy being lumped in together?
2) anyone on here have similar unfitting conditions and had to deal with the same issue of both conditions being rated as one? If so, what actions did you take to have it corrected and were you successful?
Based on my VA rating of 90%, if I achieve the 30% DOD the monthly pay check will be very similar so, it's not a money issue directly but, more a health insurance issue. My wife is currently dealing with chronic ailments that have come on rather abruptly in the past 4 months. Continuity of care for her is my main concern and tricare through retirement would provide this without breaking the bank while I go through medical school starting next fall. Just like all of us on here, I have definitely served my time and done it with honor, passion, and commitment. After 11 years of active duty service as an infantry, reconnaissance, and special operations officer, multiple deployments to Iraq, Afghanistan, Pakistan, Georgia, and other posts through out the years, I am just looking for the government to take care of me and my family now a little bit, especially because I legitimately rate it based on my case and documentation when analyzed against the rating guidelines. Any and all advice is greatly appreciated regarding my matter and I appreciate all of your service and sacrifices.
