Misrating by the VA based upon the DBQ

[Rekmor]

I'm having to submit an IPEB Reconsideration for my DoD%, and trying to get a handle on the process prior to talking with my Lawyer. I want to be well armed with info just to make sure I'm protecting myself.

At any rate, it appears that the DBQ guidance wasn't strictly followed for a Meniere's diagnosis and they rated it at 0%, but the vertigo portion at 30% even though I have all the traits needed for 100% marked on the DBQ for the Meniere's Diagnosis. Will this go back to the VA under a VARR first, or go to the IPEB Reconsideration strictly?

 

[Rekmor]

I've attached the DBQ submitted, only edited to remove names.

 

[Provis]

I'm having to submit an IPEB Reconsideration for my DoD%, and trying to get a handle on the process prior to talking with my Lawyer. I want to be well armed with info just to make sure I'm protecting myself.

At any rate, it appears that the DBQ guidance wasn't strictly followed for a Meniere's diagnosis and they rated it at 0%, but the vertigo portion at 30% even though I have all the traits needed for 100% marked on the DBQ for the Meniere's Diagnosis. Will this go back to the VA under a VARR first, or go to the IPEB Reconsideration strictly?

If you are only contesting your DOD% the solution is a VARR. An IPEB reconsideration would not help you if its strictly an argument on a condition that was already found unfit by the IPEB. A reconsideration and or a FPEB is to add a condition as unfitting or trying to get a condition that is found unfit to be labeled as combat related.

 

[Rekmor]

If you are only contesting your DOD% the solution is a VARR. An IPEB reconsideration would not help you if its strictly an argument on a condition that was already found unfit by the IPEB. A reconsideration and or a FPEB is to add a condition as unfitting or trying to get a condition that is found unfit to be labeled as combat related.

Gotcha, then that gets forwarded back to the PEB and they fix the paperwork?

 

[Provis]

Gotcha, then that gets forwarded back to the PEB and they fix the paperwork?

Yep. If an increase is awarded by the VA then your DOD% is updated and signed off by the IPEB or FPEB is you did a VARR in addition to a FPEB.

 

[Rekmor]

Yep. If an increase is awarded by the VA then your DOD% is updated and signed off by the IPEB or FPEB is you did a VARR in addition to a FPEB.

I appreciate the info. If I hear something else weird tomorrow, I'll bring back the updated info.

 

[Rekmor]

UPDATE: So long story short, there's 3 ways my case could have gone.

Direction 1: I am 0% DoD/100% VA as it currently stands. I am 3 weeks short of 20 years as my findings came in, and it recommended a severance. If I signed today, I would be entitled to severance (O-3E with 19 years 11 months), then as I passed over 20 before final orders, I would be eligible for CRDP. All this without recoupment. The lawyer said I would be tied up in legal battles between me and the government for a long time. While it would be funny to get a nearly 400k severance, the multiple years of promised legal battles sounds like a total headache, all while being retained in active duty limbo unable to do anything else.

Direction 2: I appeal on a FPEB immediately and it's a simple clerical error. Gets corrected on a IPEB Reconsideration request and it gets fixed quickly as I pass over 20. Most likely scenario

Direction 3: I wait, file a FPEB appeal and a VARR at the same time, which would delay but not give me any chance to figure things out and accept if they fix it informally. Less beneficial.

So at any rate, I elected for Decision 2. I'll keep this thread updated. Since there's no benefit to having any DoD% since I'm 100% P&T VA, Not CRSC, or anything else once I'm in the CRDP window.

 

[Provis]

UPDATE: So long story short, there's 3 ways my case could have gone.

Direction 1: I am 0% DoD/100% VA as it currently stands. I am 3 weeks short of 20 years as my findings came in, and it recommended a severance. If I signed today, I would be entitled to severance (O-3E with 19 years 11 months), then as I passed over 20 before final orders, I would be eligible for CRDP. All this without recoupment. The lawyer said I would be tied up in legal battles between me and the government for a long time. While it would be funny to get a nearly 400k severance, the multiple years of promised legal battles sounds like a total headache, all while being retained in active duty limbo unable to do anything else.

Direction 2: I appeal on a FPEB immediately and it's a simple clerical error. Gets corrected on a IPEB Reconsideration request and it gets fixed quickly as I pass over 20. Most likely scenario

Direction 3: I wait, file a FPEB appeal and a VARR at the same time, which would delay but not give me any chance to figure things out and accept if they fix it informally. Less beneficial.

So at any rate, I elected for Decision 2. I'll keep this thread updated. Since there's no benefit to having any DoD% since I'm 100% P&T VA, Not CRSC, or anything else once I'm in the CRDP window.

Yep. Hitting 20 years and you are golden and the results of IDES are inconsequential.

 

[Rekmor]

Yep. Hitting 20 years and you are golden and the results of IDES are inconsequential.

So, food for thought. I hit 100% with a 0% on my unfitting condition. Per the CFR as compared to the DBQ, the unfitting condition (in my opinion) is 100%. So, should I stick it out to see if they do SMC along with it?

 

[Provis]

So, food for thought. I hit 100% with a 0% on my unfitting condition. Per the CFR as compared to the DBQ, the unfitting condition (in my opinion) is 100%. So, should I stick it out to see if they do SMC along with it?

If there is any conditions found unfitting that the rating is not correct submit a VARR. The VA does the SMC's. For everything else you would submit an appeal through the VA after you receive your award letter from the VA. So in your case if the 0% should be higher then submit a VARR. It won't hurt you and its always better to get the correct rating if possible. Though if P&T 100% it may not be needed.

 

[Rekmor]

If there is any conditions found unfitting that the rating is not correct submit a VARR. The VA does the SMC's. For everything else you would submit an appeal through the VA after you receive your award letter from the VA. So in your case if the 0% should be higher then submit a VARR. It won't hurt you and its always better to get the correct rating if possible. Though if P&T 100% it may not be needed.

Hmm, ok. I'm trying to complete everything as part of this PEB process then never touch it again. VARR can be part of the FPEB appeal as well. Is it possible for IPEB reconsideration process to send it back to the VA for clarification?

 

[d001]

If you're already 100% PT, I'd recommend submitting a VARR for the condition that you believe should be 100% by its self. If granted, you'd be receiving SMC-S (which is roughly an additional ~$400 per month. If you don't get the VARR correction, then no harm no foul. You still have 100%.
Try now while you're still in. Then once you're out, leave it alone.
Just my recommendation.

 

[Rekmor]

If you're already 100% PT, I'd recommend submitting a VARR for the condition that you believe should be 100% by its self. If granted, you'd be receiving SMC-S (which is roughly an additional ~$400 per month. If you don't get the VARR correction, then no harm no foul. You still have 100%.
Try now while you're still in. Then once you're out, leave it alone.
Just my recommendation.

Solid, I'll work through the lawyer to dual path it.

 

[FatherTime39]

When did you notice the DBQ issue? After the findings or back after the exam was completed. I am waiting on the findings but the reason I ask is because my C&P DBQs for both referred condition ironically were the only two DBQs that were screwed, one of them was for Meniere's. Riddled with errors and contradictions. Did you submit anything prior to it going to the VA to address the disparities? I submitted a 21-4138 with logs, medical evidence and everything. I am hoping the raters looked it over the DBQ. My DBQ stated my diagnosis was Meniere's disease and wrote comments to the symptoms. Then in the section where it asks if I have symptoms related to Meniere's disease, she marked no.

 

[Rekmor]

When did you notice the DBQ issue? After the findings or back after the exam was completed. I am waiting on the findings but the reason I ask is because my C&P DBQs for both referred condition ironically were the only two DBQs that were screwed, one of them was for Meniere's. Riddled with errors and contradictions. Did you submit anything prior to it going to the VA to address the disparities? I submitted a 21-4138 with logs, medical evidence and everything. I am hoping the raters looked it over the DBQ. My DBQ stated my diagnosis was Meniere's disease and wrote comments to the symptoms. Then in the section where it asks if I have symptoms related to Meniere's disease, she marked no.

After findings, the DBQ went up with no issues as my PEBLO and Lawyer agreed. They just rated it oddly for the unfitting condition. It's like they didn't follow the CFR guidance.

 

[FatherTime39]

After findings, the DBQ went up with no issues as my PEBLO and Lawyer agreed. They just rated it oddly for the unfitting condition. It's like they didn't follow the CFR guidance.

Looking at the DBQ and what they rated you, that’s very strange. There was a person I ran across on another forum that had a similar issue to yours rated for vertigo but should have been Meniere's at 100%. I think he did a VARR and drafted up a detailed statement along with proof from STRs and logs showing his actual symptoms and VA found in his favor. Good look my friend!

 

[Rekmor]

Looking at the DBQ and what they rated you, that’s very strange. There was a person I ran across on another forum that had a similar issue to yours rated for vertigo but should have been Meniere's at 100%. I think he did a VARR and drafted up a detailed statement along with proof from STRs and logs showing his actual symptoms and VA found in his favor. Good look my friend!

Thank you! The treatment records i have are extensive to include a 6 month log with hearing tests. I can only provide so much documentation haha

 

[Provis]

Thank you! The treatment records i have are extensive to include a 6 month log with hearing tests. I can only provide so much documentation haha

VARR is the path like I said. You are going to argue that the VA should have rated you for a different CFR if that's the problem. If the condition is correct but the % is not then you are going to argue that the symptoms align more with the higher rating.

 

[Rekmor]

VARR is the path like I said. You are going to argue that the VA should have rated you for a different CFR if that's the problem. If the condition is correct but the % is not then you are going to argue that the symptoms align more with the higher rating.

I'll get a new lawyer in a few days, hopefully, and using all the info I'm armed with here, will update the board with the results. Thanks everyone!

 

[Rekmor]

UPDATE: Received my FPEB Letter today stating my board is scheduled for March 6, 2025. The scheduling lady asked me some intake questions and what my goal of the board is. In my case, I mentioned I thought it was a VA mis-rating and a VARR was, in my opinion, what was needed. She stated that I should expect my lawyer to reach out (once assigned) the week of February 17th to talk strategy. If a stipulation comes back, it would be that following week (24 February) prior to the board.

Finalization of the FPEB docket would happen on March 3 (Monday) if I go to the formal board with the actual board being on March 6 (Thursday). This happens in uniform, via Teams and you are given a roundabout time but realistically, a 15 minute warning to be on Teams for video appearance.

Apparently FPEBs only happen on Tuesday through Thursday of a given week with Friday being an admin clean up day. This was all information I asked the scheduling lady to make sure I understood the flow of stuff. She said that during the FPEB, it could come back where they have "further deliberations" based upon the findings with a final offer to come 6-8 weeks after the FPEB itself, but could come sooner.

I hope this information helps someone out there trying to understand what's next if you elect to go the FPEB route.