Posted on Jul 13, 2015
Can I add a new medical condition during the MEB/PEB process?
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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?
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?
Medical Board
Warrior in Transition
AGR
Department of Veterans Affairs (VA)
Posted >1 y ago
Responses: 36
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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.
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SGT Eric Wrigley
It was my understanding that if you didn't have SA before you came in, and military service could have possibly exacerbated the problem, they would rate you for it. Remember, it's not just if the service gave it to you, it's also if the service made it worse.
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SGT Cesar Hernandez
Keep trying when i was in the service i put in for sleep apnea it was 50% but they gave me 30 % for it dont give up keep pushing them that u have sleep apnea
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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.
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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.
(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.
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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
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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.
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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.
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.
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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.
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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.
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