DA199 in; should I sign?

DOD 70%, VA 90%

50% PTSD V1V3 TDRL (6 month eval) unfitting
30% Narcolepsy stable condition unfitting
Various others at 20% 10% 0%. 0% for 2-3 migranes due to lack of history.


The narcolepsy rating came in as:

"Service connection for narcolepsy is proposed as directly related to military service. Your initial evaluation for this condition was identified during a sleep study. Based on all of the evidence available we have rated this condition using the sleep study criteria. This will provide you with the greater benefit.

An evaluation of 30 percent is assigned for persistent day-time hypersomnolence.

Additional symptom(s) include:
*Continuous medication is shown necessary for the control of epilepsy

A higher evaluation of 40 percent is not warranted for narcolepsy unless the evidence shows an average of at least five to eight minor seizures weekly, at least one major seizure in the last six months, or at least two major seizures in the last year."

My goal is to reach VA 100% due to it being my accurate due, and CA education benefits to my future dependents for totally disabled veterans.

My analysis: The PTSD finding is accurate. The narcolepsy is not accurate. They went off my sleep study, when I have recorded in my sleep specialists' notes that, with medication, I have 2-3 sleep and/or cataplexy attacks daily. This places me at 80% for narcolepsy. The rating criteria the VA used was "persistent day-time hypersomnolence" which is a rating criteria for sleep-apnea. The regs say to use epilepsy petit-mal, which go by percentage. I believe the reason they used this rating is found in the phrasing "This will provide you with the greater benefit;" they would have rated me 20% on the epilepsy rating (inaccurately) but threw me a bone.

My Soldier's council recommendation: Sign the DA199 now and lock in the 30% stable rating. He believes I will be placed on the PDRL after the 6 month reeval. Before the VA appeal deadline, I should appeal the narcolepsy and migraines. This is his risk adverse course of action.

He believes that an appeal now would probably guarantee the narcolepsy gets rated as TDRL and I risk it going lower.

My questions:
What percentage of soldiers are being placed on PDRL after one PTSD reeval?
What do you think of his council?
What's the deadline for an appeal?
What's the likelyhood of an appeal afterwards?
Why did they rate the narcolepsy lower even though my records indicate (I think, I haven't seen) that they are solid.
Wouldn't an appeal after the army risk the stable rating?
Will they require another sleep study?

I'll probably follow his council but I'm looking for multiple inputs.
 
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Should I upload a record from my sleep specialist stating the accurate number of narcolepsy attacks and the steady condition i have into ebenefits? Might that influence the final ratings while not risking it lowering it and losing the steady rating?
 
1) I don't know of any data about percentages, but I suspect it is low. PDRL basically represents that you're not likely to get better. MH providers are pretty generous about there always being a possibility of improvement.

3) 1 year after final determination.

4)I agree they used the criteria, and I suspect you'll be able to appeal the narcolepsy rating successfully.

5) Hard to say why they thought the occurrence rate was lower than it is.

6) The appeal is likely to have no effect on the condition being seen as stable or not. If the narcolepsy is seen as stable and at 80%, the unstableness of the PTSD won't matter, so I would judge it as being the opposite of making your rating unstable.

7) Not likely.

2) I think doing a VARR on the narcolepsy makes more sense than doing an appeal after separation. Lay evidence about the frequency should be plenty reliable to justify a higher rating. Doing a VARR won't risk your ability to do a full appeal after, and I think the chance of them lowing the rating is low, certainly not below the criteria for TDRL, so I think you're sufficiently protected to do it. I think the lawyer was mainly expressing that the 70% rating is pretty darn good, take it and run. Which is fine, but 6 months for a VARR compared to the years that an appeal can take, I'd do the VARR, especially since you'd like a PDRL finding. I think there is a decent chance that uploading evidence to ebenefits would fix your rating when they go to do the official VA rating, but that won't effect you getting PDRL until your first TDRL exam.
 
Thanks scoutCC. The attorney was concerned about locking in the stable condition rather than having it listed as unstable. I don't see much risk even if the rating is considered "unstable," so I think I'll try the VARR.
 
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