How to Win Range of Motion Issues in VA One-time Recon Requests
If your VA C&P examining physician inaccurately recorded your range of motion in a joint or spinal segment, you should obtain two new range of motion exams as soon as possible that will back up your contention- preferably from separate providers. Then you will note these findings in a rebuttal to your MEB Narrative Summary so that the discrepancies in the C&P exam are identified prior to the package being shipped off to the IPEB and the VA D-RAS Rating Activity (if you are found Unfit). While the initial combined rating decision is pending, you should obtain one more range of motion assessment to make it plain that the VA examiner used the wrong fulcrum point or made some other measurement error in the rush to complete a rather lengthy disability exam. This will allow your attorney to prepare a very thorough VA One-time Recon Request (“VARR”) to increase your disability rating. Favorable action by a VA Decision Review Officer increasing your IDES-referred disability ratings will then increase your DOD rating. Take corrective action early on- before your rating decision comes back, so that it will not look as though you went shopping for a “Dr. Feelgood” to provide the results that you wanted after receiving a bad decision. He who hesitates is lost- don’t be that guy.