Im not sure whether to accept or appeal..

M

MMollen88

PEB Forum Regular Member
Registered Member
On Tuesday, after 5 and a half months I finally received my ratings. Lets say it was not what I was expecting. I was put on a PEB for cervical strain, trapezius strain, and left upper extremity cervical radiculopathy. All three conditions were sent as separate. When the findings came back they came as the following:

Cervical strain: 20%
Left upper extremity cervical radiculopathy and trapezius strain(non dominant): both were rated together at 20% as related to the cervical strain. However, here is the real loop hole. I am left side dominant and it is notated in the c & p exam.

The lawyer said I had clear justification for an appeal as well, I am starting to experience more shoulder problems and radiculopathy. Howevever, my total combined claim for VA is 90%. I am very much on the fence with this decision.
 
That is always a hard decision to make. I would say appeal though, especially if your lawyer says that you have clear justification. 30% (DOD) is the magic number that everyone wants to reach, as that allows you to medically retire as opposed to separate, and keep many of your benefits.

I am not too familiar with it, but I have seen other forum members talk about VARR. I believe it is basically a one time ratings reconsideration that you can request, but you would have to look more into that to be certain.

Whatever you do end up deciding, best of luck!
 
20% plus 20% is 36% rounded up to 40% which would get you medical retirement. 90% could be pretty close to 100% depending how your ratings are combined.

There are a few of ways of going about it.

You can request a VARR on the conditions that you feel are unfitting, and provide justification on why you should receive a higher rating, or you could request a Formal PEB and ask that additional conditions be found unfitting or rated higher based upon medical evidence.

If your lawyer is open to the appeal, get together with him and have the memo drafted and submit it.

You can also file a notice of disagreement with the VA after you separate, If you file it within a year, it will be back dated to the day your VA claim is finalized.
 
MMollen88 said:
On Tuesday, after 5 and a half months I finally received my ratings. Lets say it was not what I was expecting. I was put on a PEB for cervical strain, trapezius strain, and left upper extremity cervical radiculopathy. All three conditions were sent as separate. When the findings came back they came as the following:

Cervical strain: 20%
Left upper extremity cervical radiculopathy and trapezius strain(non dominant): both were rated together at 20% as related to the cervical strain. However, here is the real loop hole. I am left side dominant and it is notated in the c & p exam.

The lawyer said I had clear justification for an appeal as well, I am starting to experience more shoulder problems and radiculopathy. Howevever, my total combined claim for VA is 90%. I am very much on the fence with this decision.
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I would suggest appealing and trying an additional condition like I did. I was able to add two condition that were previously not considered unfit. Right now I'm waiting on my VARR.

I was in the same boat you were...low DOD % and really high VA %. I spoke with an Army appointed attorney who really helped convince me that I was get the short end of the stick if I just take what they give. She was fantastic and really listened.

Check out my timeline and PM me if you need other advice.
 
I will. I agree. The lawyer was suggesting adding my shoulder. I've been seeing the doctor and physical therapy since February. I have not had much progress. With my cervical issues, I had a RFA that burned the nerves on C3-C6 about 5 weeks ago. I haven't had much of any relief. I have much more sensitivity and have been having more radiating pain down my entire left arm. Lets just say, things are getting harder to do. With all my issues, I agree that I need to push for the appeal. I meet with the lawyer on Monday. I'll let you know how it goes.
 
After thinking it through, I decided to request a formal board. I requested it on Monday the 11th, and got my reply on Friday. I was surprised at how fast it was. Mine is scheduled for May 24th. Does anyone have experience about going to Naval Yard in DC?
 
Definitely do the VARR over the NOD after you are out. The VARR will be much faster. NODs are pretty backed up at this time.
 
My husband is scheduled for his FPEB in about 10 days in DC. The issue we have is a combined rating too. When we feel they should be separate.
 
MMollen88 said:
After thinking it through, I decided to request a formal board. I requested it on Monday the 11th, and got my reply on Friday. I was surprised at how fast it was. Mine is scheduled for May 24th. Does anyone have experience about going to Naval Yard in DC?
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I just went through it earlier this month.
 
If your VA rating is 70% or higher and your DoD rating is 20% or lower, you should always appeal in order to get your fair share of the deal.
 
I'm heading to DC on Monday. I've been running around getting documentation together. It's been such a long road. I'll keep it updated as I go.
 
MMollen88 said:
After thinking it through, I decided to request a formal board. I requested it on Monday the 11th, and got my reply on Friday. I was surprised at how fast it was. Mine is scheduled for May 24th. Does anyone have experience about going to Naval Yard in DC?
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Wow. That was a fast turn around. What branch of the service are you with. I just requested a Formal board because I believe the PEB could have used a better analogous disease for mine which is not listed in the schedule of ratings.
 
I'm in the Marine Corps. The turn around was quick. It took me by surprise, but I am ready to move forward with my life. I hope you get a date for your board soon. I can't believe it is happening next week.
 
Did they tell you how many days you will be in DC?
 
I'm there for 3 days. I head there the 23rd and return on the 26th. I'm flying as I cannot tolerate the drive.
 
Do they put you up in a hotel or on base barracks?
 
MMollen88 said:
I have my board on Wednesday. I'm ready to get it done.
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Good luck. I'd venture to say you meet the JAG tomorrow? Evidence, evidence, evidence!
 
Well, had my board today. It went really well. My lawyer is optimistic on me getting medical retirement now. It definitely made the difference by appearing in person. Sitting through the hearing was not easy. I had to take a break half way in between.
 
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