Clarification Need for PEB Election of Options (EOO)

So I got my PEB findings (unfit) but they messed up my rating big time, and I'm trying to appeal for a rating change (DOD rating).

The wording in the Election of Options form is very confusing. If I were to accept the finding, I could " request a VA reconsideration of my disability rating percentage(s) for my unfitting condition(s). " And I was told that this option will only appeal the VA rating but the DOD rating will be the same and be no longer appealable

Not accepting the finding and requesting a formal board was the suggestion I heard because it will allow an appeal to the DOD rating.
But the wording on the EOO form states" For Integrated Disability Evaluation System (IDES) cases, the PEB will ONLY consider determinations for fitness to continue Naval service (Fit or Unfit), " and " VA rating reconsideration is appropriate if I want to contest the rating percentage(s) of my unfitting condition(s). "

The wording for both options is similar :
"request a VA reconsideration of my disability rating percentage(s) for my unfitting condition(s). "
VS.
"VA rating reconsideration is appropriate if I want to contest the rating percentage(s) of my unfitting condition(s). "

So, if my goal is to appeal the DOD rating and still be found unfit, wouldn't accepting the finding and requesting a VA reconsideration be my best bet? Or it is true that I have to go through a formal board to contest the DOD rating?

Thank you in advance.

 

[Provis]

So I got my PEB findings (unfit) but they messed up my rating big time, and I'm trying to appeal for a rating change (DOD rating).

The wording in the Election of Options form is very confusing. If I were to accept the finding, I could " request a VA reconsideration of my disability rating percentage(s) for my unfitting condition(s). " And I was told that this option will only appeal the VA rating but the DOD rating will be the same and be no longer appealable

Not accepting the finding and requesting a formal board was the suggestion I heard because it will allow an appeal to the DOD rating.
But the wording on the EOO form states" For Integrated Disability Evaluation System (IDES) cases, the PEB will ONLY consider determinations for fitness to continue Naval service (Fit or Unfit), " and " VA rating reconsideration is appropriate if I want to contest the rating percentage(s) of my unfitting condition(s). "

The wording for both options is similar :
"request a VA reconsideration of my disability rating percentage(s) for my unfitting condition(s). "
VS.
"VA rating reconsideration is appropriate if I want to contest the rating percentage(s) of my unfitting condition(s). "

So, if my goal is to appeal the DOD rating and still be found unfit, wouldn't accepting the finding and requesting a VA reconsideration be my best bet? Or it is true that I have to go through a formal board to contest the DOD rating?

Thank you in advance.

A VARR only means you agree to the findings except you want the % increased for that unfitting conditions (s). A FPEB is to appeal other things like the status of conditions being fitting or not. Same thing for combat related designation for each condition.

So to answer you questions a VARR is the best route. FPEB would not help you unless you wanted to try to add another condition as unfitting etc.

 

[a2421960839]

A VARR only means you agree to the findings except you want the % increased for that unfitting conditions (s). A FPEB is to appeal other things like the status of conditions being fitting or not. Same thing for combat related designation for each condition.

So to answer you questions a VARR is the best route. FPEB would not help you unless you wanted to try to add another condition as unfitting etc.

Just to make sure again, VARR is able to change both DOD and VA ratings right?
The reason why I'm confused is that my PEBLO and the attorney both stated that an FPEB is needed in order to appeal the DOD rating.

 

[Provis]

Just to make sure again, VARR is able to change both DOD and VA ratings right?
The reason why I'm confused is that my PEBLO and the attorney both stated that an FPEB is needed in order to appeal the DOD rating.

VARR can only be requested to a condition that the IPEB has been found to be unfitting. FPEB would need to be initiated if you are trying to get a condition added as unfitting. I am not sure about elections process though. I would go with what ever your IDES attorney suggests. I am not a fan of the free ones but if that's what you are using then you will have to utilize their expertise. My wife's experience is a bit different since she was challenging combat related designation and DOD ratings in her case so she needed a FPEB & VARR.