Can I add a new medical condition during the MEB/PEB process?

2015-07-13T09:24:14-04:00

So I am dead in the middle of my MEB/PEB and have noticed that since I am 3 hrs away from JBLM. I have done all of my appts via the phone minus the actual doctor appts with QTC
Now here is the question:
I had received my NARSUM and reveiwed it with the attorney and my peblo and everything seemed normal I ever spoke with my VA SVC officer and all was well now comes the fun part
I had been told to get a sleep study lo and behold I was diagnosed with severe sleep apnea; the VA at first was very concerned it wasn't on the form to document all the claims ( because I had never had a sleep study or diagnosis before ) now that I have the machine they say they are going to add it to my claim ( hopefully by the end of the process) is it normal for them to be so hesitant to add stuff before the case even goes to the rating stage ?

Now here is the fun part after my case was revewied and looked at my the IMR and the attorney my packet with everything was sent to the PEB and as soon as that happened BAM three more appts for my referred condition. Everyone has told me that this is not very common but it does happen.
The estimated reticent date was December not it states unknown

Does any of this make sense to anyone or is there anything that I need to clarify?

Response by CPL David Salazar made Jul 13 at 2015 9:59 AM

2015-07-13T09:59:37-04:00

If you add a condition that warrants examination, you're gonna get one. Even if you have a diagnosis, the rating is based off answers to specifically a disability benefits questionnaire. If you claimed sleep apnea, and have a diagnosis, you're gonna get an exam scheduled. That's standard practice.

Response by SFC Daniel Faires made Jul 13 at 2015 10:12 AM

2015-07-13T10:12:53-04:00

I just saw realized I have made some horrible spelling errors

Forgive me as I am on my phone !

Response by COL Lowell Yarbrough made Jul 13 at 2015 10:38 AM

2015-07-13T10:38:14-04:00

Agree with David, the addition of the sleep apnea would cause the process to extend to allow for its evaluation. Also, by adding it now, the VA provides you a more complete response to your disability compensation claim. The alternate would have been allowing the current claim to be adjudicated and settled, then applying for a new claim (sleep apnea) with the VA, causing a longer response time for your claim settlement.

Response by CAPT Hiram Patterson made Jul 14 at 2015 2:03 PM

2015-07-14T14:03:34-04:00

I know the process has changed since I managed the program at LARMC from Jun 10-11, so I would talk to your PEBLO about specific questions you might have. At most, I expect the sleep study would just extend a final decision by the board. Best of luck with your board and that you get the rating you are entitled to.

Response by SPC Darin Taylor made Jul 14 at 2015 2:06 PM

2015-07-14T14:06:00-04:00

I would recommend that you attend a Disabled American Veterans (DAV) meeting near you and speak with their Chapter Service Officer an get the DAV on board as your representative. There have been a few changes to the VA Disability Compensation forms and the DAV can assist you in navigating through them. The important thing to remember is to make sure you get a written medical diagnosis from your doctor that states your sleep apnea is connected and caused by your service connected disability. If you would like assistance in locating a DAV Chapter near you, then go to my website at http://www.disabledvetassistance.org and fill out the VSO Locator form.

Disabled Vet Assistance - Home

Disabled Vet Assistance is dedicated to assisting fellow Disabled Veterans with their VA claims issues

Response by MSgt Christopher Schoen made Jul 14 at 2015 3:02 PM

2015-07-14T15:02:21-04:00

I went through a full MEB Board process before I retired at 20 1/2 years. If you are over 20 years TIS and going through a MEB...it will work out in your favor to have the process extended...don't think you will have much choice in the matter anyways. Just ride it out and try to be a fly on the wall...talk with the DAV and document and copy every piece of paper. Retirement was hard at first...but, we all have to hang it up at some point. You did your time. Medical retirement vs normal retirement is STILL retirement...you deserve everything coming your way...and everything will be fine SFC!!

Response by SGT Robert Andrews made Jul 14 at 2015 3:05 PM

2015-07-14T15:05:32-04:00

Male sure everything you want entered is documented once its signed into contract and completed its hard to change after the fact.

Response by PVT Sean McKnight made Jul 14 at 2015 4:50 PM

2015-07-14T16:50:14-04:00

DoD Rating= IDES
vs
VA Rating= IDES

Fit or Un-Fit for Duty, that is the question DoD uses to rate a Warrior. IDES (Individual Disability Evaluation System VA)=Rates your total service connected challenges.
(DoD Individual Disability Evaluation System)= Rates you Fit or Un-Fit for Duty.

Step 1- Speak with your PEBLO and clarify that your Sleep Apnea is not on your NARSUM.

Step: 1.2- Scan and send your Sleep Apnea medical Diagnosis, Evidence and the document the defines your condition as "Severe" to your PEBLO.

Step 2- WOSTE CAUSE - Depending on the time and the Clock counting down (NARSUM has 10 day count down) Submit your DA-199 and NON-CONCUM.

Step 2.1- Submit your "VA Medical Evidence" and or Civilian Medical Evidence regarding your Sleep Apnea.

Step 2.2- Request that your VA Doctor who prescribed and diagnosed your Sleep Apnea as Severe to write you a letter, directed and MEB/PEB/PEBLO/MEDCOM. Topic: You have "Service Connected Severe Sleep Apnea".

Step 2.2- Take a Photo of your CPAP Machine with our ID clearly visible in photo. Stupid I know, but some times you need to draw pictures with colored crayons and stick figures with some of these people who are rating your case!

Step 3- Your Non-Concur will buy you time to submit your medical evidence and press the issue.

McKnight
Warriors Guarding Warriors
Military/Veteran Service Officer - M/VSO

Response by Col Talbot Vivian made Jul 14 at 2015 5:02 PM

2015-07-14T17:02:49-04:00

Get everything added to your claim as soon as possible. The VA will slow roll any additions if they can. I would get the DAV services folks to look at your application and make sure it is complete. Additional appoints are a good thing. Adds more detail to your claim. Don't forget to include things like hearing loss, torn shoulder rotator cuffs, injured knees anything that happened while on active duty. It does help a lot after retirement. Hearing aids can cost $4K on the outside. VA provides for free.

Response by SFC Nyla Newville made Jul 14 at 2015 5:09 PM

2015-07-14T17:09:14-04:00

The best time to get things added is now, anything I know when I was overseas I didn't like to take time to go to the medic because they didn't really treat you gave you a band aid and sent you on your way after standing in the hot sun waiting and when you finely got in the tent there was no place to sit. So needless I didn't go unless I had to. I had a guy at De-mob tell me to put down everything that hurt or didn't feel right good thing I did because I am in worst shape after everything.

Response by SGT Allan Budde made Jul 14 at 2015 5:54 PM

2015-07-14T17:54:20-04:00

With new conditions you have to receive optimal care, then decide if indeed it corrected, causing little to no percentage, or higher percentage. Talk to a VA oef/oif counselor, that should get you going in the right direction.

Response by MSG Gregg Clement made Jul 14 at 2015 6:24 PM

2015-07-14T18:24:56-04:00

#1. I was at the WTB in Ft Riley and my NARSM had incorrect info on it. It was blatantly WRONG. I was not able to get it changed.
#2. And I had not gotten my sleep study results back at that time either. I wanted out of the WTB so bad, I let it go and am working on it with the VA now.

Response by SMSgt Tim Shuey made Jul 14 at 2015 6:51 PM

2015-07-14T18:51:36-04:00

In my case I was over 20 TIS when they decided to MEB me, I retired an filed claims through the VA rather than subject myself to the appointments at JBLC and Travis. Whatever you do, keep good notes and document everything. Having a good VSO on your side makes a big difference but never trust they have all the bases covered, trust but verify.

Response by SSG Jeff Hane made Jul 14 at 2015 8:50 PM

2015-07-14T20:50:20-04:00

Document & claim EVERYTHING!!!... If you had a hang nail, in Basic Training, claim it... They will go through, & show you what is service related, & what isn't, but go ahead & claim it...

Response by SSG Jeff Hane made Jul 14 at 2015 8:55 PM

2015-07-14T20:55:09-04:00

p.s. Being on a CPAP machine I considered the same as a prosthetic... just sayin...

Response by SGT Raymond Kauffman made Jul 14 at 2015 9:09 PM

2015-07-14T21:09:27-04:00

Get it all listed on the MEB then when the VA looks at it make sure it's all on there for service connected. Attempting to get those ailments at a later date would take an act of GOD and he would have to submit it in triplicate.

Response by SSgt James Connolly made Jul 14 at 2015 9:47 PM

2015-07-14T21:47:59-04:00

Yes it does make sense After you are released from active duty you have I think 12 mos. to get your physical done at the VAMC closest to where you live.Adding some thing now only makes a difference if all they are giving you is less than 30% if they do not give you 100% at least for 5yrs. than they will try to give you severance pay. If you can do not take severance because if the VA finds other probl3ems they will call it aggravated by time in service. Once you are found more than the Ar5my found and they increase you , you won't be able to draw anything untill all the money you rx. is all paid back ,
Figure it like this they may offer you severance =2mos. pay for every year or part of lets say your base is 1000 x2=2000 x 10 years= 20'00o.oo it would take you forever to pay that money back mos. bi mos.You do not have to accept sev.pay if you have more than 10yrs.
Once you do get out find a good veterans service officer and not a VA service officer remember they are the same ones your claim goes to from a NSO VFW>-MOPH-DAV-AL-AMVETS Etc. or to your County Veteran Ser4vice officer.Everything I am sharing with you is my own progress through the system.I was an accredited NSO( National Service Officer) for both the VFW and the Purple Heart.They have to prove you do not have what you say you have not the other way around.

Response by CPT Elizabeth Foster made Jul 14 at 2015 10:30 PM

2015-07-14T22:30:26-04:00

It actually is very reasonable, normal, and responsible that they would want you to see more doctors regarding your newly identified condition, and I would say it is in your best interest to have the appointments before your board is finalized.

Once you are retired, your Army rating would remain the same, regardless of the VA's findings. If you are not able to complete the newly added appointments before they finalize your board and give you a rating, you should make an appeal of the rating they give you before accepting it, on the grounds that pertinent information had not been included.

I'm not sure why people are telling you this is unusual, as they normally would not move forward with giving you a rating without having every necessary medical assessment completed in order to give aaccurate and complete picture of your health!

Personally, I was originally offered a medical out at 20% disability, but being a Nurse, I knew that my condition was not curable and would only get worse, so my JAG officer and I decided to submit an appeal. I was then given a 30% rating which qualified me for a medical RETIREMENT with full benefits. The VA used the same information and rated me at 60%. A few years later my condition worstened and I was no longer able to work as a Registered Nurse. I applied for an increased rating from the VA and I was rated 160%! Additionally, I have been able to attend graduate school to earn a dual MBA/Healthcare Management degree utilizing the vocational rehabilitation program.

I know it's a long and frustrating process, but trust me, it's well worth doing thoroughly!

All the best to you!

Response by SGT Jason Weisbrich made Jul 15 at 2015 12:01 AM

2015-07-15T00:01:41-04:00

It does make sense. The sleep apnea needs to be put into the NARSUM. That may or may not push back the date you are to be out of the military. Just make sure it all gets documented, as it carries a 50% rating. Also be sure that any burn pit or explosives exposure is also documented in your record. It was mysteriously absent from my VA records in spite of me including it in my claim. While it may not seem important now, it may be in the future. Also, you should be aware of signs that may indicate delayed onset of PTSD.

Response by SGT Cesar Hernandez made Jul 15 at 2015 12:35 AM

2015-07-15T00:35:16-04:00

Yes u can any condition you have u could add it make sure to add sleep apnea you could still add anything whiled ur still in the army sleep apnea is 50% but do add it it will take longer to get it but do it whiled ur still in

Response by CPT Jason Perry made Jul 15 at 2015 1:18 AM

2015-07-15T01:18:42-04:00

As to your original question "Can I add a new medical condition during the MEB/PEB process?," it depends on what you mean. If you have a "new" condition that you are thinking is not unfitting (therefore, only applicable for VA compensation purposes), then no- you will have to wait until you are separated to make a new claim. However, if the PEB finds a "new" condition unfitting, then the VA would have to rate it (and therefore, address it on the VA side).
(For references, look up DoDI 1332.18, and DoD Manual 1332.18 v2).

"I had received my NARSUM and reveiwed it with the attorney and my peblo and everything seemed normal I ever spoke with my VA SVC officer and all was well now comes the fun part
I had been told to get a sleep study lo and behold I was diagnosed with severe sleep apnea; the VA at first was very concerned it wasn't on the form to document all the claims ( because I had never had a sleep study or diagnosis before ) now that I have the machine they say they are going to add it to my claim ( hopefully by the end of the process) is it normal for them to be so hesitant to add stuff before the case even goes to the rating stage ? "
Yes, because, absent unfitting conditions, they- meaning the VA- should not be able to add any such new condition that is not unfitting. If this condition is unfitting, or you think it may be, perhaps you should argue it at the FPEB (I assume that the IPEB, not having any information about this condition will not address it; if it is unfitting- i.e., significantly impacts duty performance, you will want to see if you can get evidence of this; if your commander knows about this condition or notes that it is impacting duty performance, an updated statement/DA Form 7652 would be very helpful).

"Now here is the fun part after my case was revewied and looked at my the IMR and the attorney my packet with everything was sent to the PEB and as soon as that happened BAM three more appts for my referred condition. Everyone has told me that this is not very common but it does happen."
Don't get this...if for your referred condition, this is not a "new" condition- it is for the condition that the MEB found to fail retention standards under AR 40-501, Chapter 3.

Response by SrA Rex Brown made Jul 15 at 2015 6:15 AM

2015-07-15T06:15:36-04:00

I have never been through this exact process but I have helped someone else on getting disability. If it is a new condition that came to light after the process began it does seem to be legit that they question the validity. Unfortunately there are a lot of people that are trying to make things up in the hopes that they get more from the Government. So just be patient and do what is expected and asked but keep meticulous records. Get copies of everything for your own records. If your attorney is any good they should have already advised you of this. Document everything.

Response by SPC Scott Pickard made Jul 15 at 2015 9:13 AM

2015-07-15T09:13:29-04:00

It's very hard to prove sleep apnea is service related. I also have sleep apnea, the VA is treating me for it, but denied me a rating for the condition because I couldn't prove it was service related.

Response by SGT Stanley Bass made Jul 15 at 2015 9:46 AM

2015-07-15T09:46:47-04:00

Here is the not so funny part about a VA claim. If you file a claim and then while that claim is still going through, then you file anew claim (or add soemthing to it); your original claim starts over to be even with the new one you have filed. At least that is the process after you get out. I would imagine since you are still active duty, the VA concern is stopping the original claim and expediting the sleep apnia portion until it catches up to the original claim. That would be my guess, as when I got out I was told to file all of the other stuff after I get out, so that it would now slow down the process of me getting on on a medical. It only took 2 1/2 years for my oringal claim to be processed by the army.

Response by CPT Pedro Meza made Jul 15 at 2015 5:46 PM

2015-07-15T17:46:04-04:00

SFC Daniel Faires, I have been in your boots and the more that you have documents of and medical reports the better. If things are delayed it works out for you since you are still going through discovery which means treatment for you.

Response by SSG Lupe Burge made Jul 15 at 2015 5:59 PM

2015-07-15T17:59:15-04:00

Same thing happened to me but with my eyes, for some reason im going blind and i also had a sleep study which came back positive. Long story short they still finished my MEB and i appealed it and they still pushed me out to the the VA so i had file new claims but after a year or so it was added just takes time.

Response by SPC Leisel Luman made Jul 15 at 2015 9:56 PM

2015-07-15T21:56:17-04:00

SFC Daniel Faires you could and should have all health conditions checked out during the MEB/PEB Evaluations. It will help the VA when processing your claim for service connected / Line of Duty Investigations. The military and the VA rates issues differently. Getting it checkedout, diagnosed and noted in your MEB/PEB packet while on AD will help streamline your process through the VA. MEB/PEB Line of Duty investigation will already be done. The VA is overwhelmed make it easier on them and yourself with a fully developed claim. The MEB/PEB packed turned in complete will help. I heard things have been improved since I went through the process. Don't forget to get everythi in triplicate.

Response by CPL Aloysius Grimaudo made Jul 16 at 2015 6:40 AM

2015-07-16T06:40:02-04:00

U could always tell them to hold off on it...u can still receive treatment but it doesn't have to be on your narsum...when u final out and done. File that claim..I'm sure u know u have a year to file after u are out...I did similar and now because I waited..it helped me get a 100percent...it's a long process but in my case waiting to file new claim made it lot easier..

Response by SFC Daniel Faires made Jul 16 at 2015 4:18 PM

2015-07-16T16:18:16-04:00

Hello everyone
As of today all 24 conditions have been reviewed and my final for sleep apnea is Thursday !!!! I have yet to receive my ratings so from my PEBLO to my VAMSC rep they have all been very helpful

I have found being a bulldog in this has been beneficial
Looks like retirement is around November to December time frame

Thanks for all the great advice

I'll keep posting on the thread as it goes to share my experiences !!

Response by SGT Eric Wrigley made Jul 16 at 2015 5:50 PM

2015-07-16T17:50:52-04:00

First thing's first. Make sure that ALL of your conditions are documented in your NARSUM. It will add some time to your MEB, but I promise you it's worth it. Once you are out, you will have a VERY hard time getting anything added. Paperwork in the non-enlisted VA system is extremely backed up (took just over a year to add my daughter to my benefits). Next, your PEBLO is there for you. They will try to tell you to do this or that to get you out of their system sooner. Don't let them. Sleep apnea will only go onto your VA disability benefits (unless it's more severe than your MEB condition since the army only rates you on your service-restricting condition) so make sure you get that fully documented BEFORE you get out. While you are still in the service, they can expedite your paperwork and get back to you sooner.

I agree with SPC Taylor here. Get in contact with your local DAV. They will be of great help. Also, if you have a local WWP rep, they can help. If you were in the south I would offer to help you through the process.

Good luck Sergeant.

Response by SSG Private RallyPoint Member made Jul 17 at 2015 5:41 PM

2015-07-17T17:41:14-04:00

If it is not added during your MEB/PEB process you have up to a year to make additional LOD claims assuming you have the proper documentation. If you are unsure about anything talk with your DAV liaison or PEBLO and they should be able to answer any questions you have

Response by SSG Jeffrey Landry made Aug 4 at 2015 12:44 AM

2015-08-04T00:44:56-04:00

if you add something while you are in the middle of this you will go back to square one and start the process all over. I would say it is better to wait until they completed all of this procees

Response by SFC Daniel Faires made Aug 23 at 2015 8:25 AM

2015-08-23T08:25:19-04:00

Well for anyone that responded my patience has paid off
I will be retired this year and have gotten everything complete
I want to thank everyone who gave me advice

Note: additional appts do not restart your claim, just slows it down. Getting everything in before the ratings were published got all of my conditions rated.

2. Don't be scared to ask questions. Trust but verify.

3. Be in contact with your PEBLO and your VA MSC at all times. If you work with them they will work with you

Response by CPT Aaron Kletzing made Aug 27 at 2015 2:14 PM

2015-08-27T14:14:30-04:00

If you have additions to make, make them ASAP. Get engaged with a VSO claims rep of you have major roadblocks as they can be really helpful here.

Response by MSG Kevin Sharp made Dec 26 at 2016 10:21 PM

2016-12-26T22:21:17-05:00

Need advice please. MEB doctor called me to go over results. He says return to duty since all of my civilian records for my issues are missing. I turned them in and now he says he HAS to complete report with the above finding. What are my recourses? I had hip replacement and two surgeries on knee, with civilian doctor saying one more, but started MEB following hip surgery. I am AD but not near AD post.

Response by Capt Daniel Goodman made Mar 29 at 2019 2:42 PM

2019-03-29T14:42:36-04:00

http://www.vetadvocates.org

Try this group, NOVA, I've sent them in many times, as have others, we transferred my whole total perm disability thing to them from a vet group, though the vet group really tried, my whole thing was just way too involved and time-consuming, trust me, they're the top of the VA-disability food chain, in addition to county vet reps, vet groups, and also law school vet-law clinics, I assure you, if they can't help you, they might well know someone more suited, they're hooked into a lot of stuff, sometimes, they don't know, however, it'd be certainly well worth your time to at least ask their guys, either near you through finding someone on their search engine, or by calling their main office directly, honest, if you wanna yak more, just lemme know, no rush, whenever, OK?

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