Hello, so I recently received my informal PEB. The issue I am having is the VA and DOD ratings are contrary to one another. So two conditions were identified the VA denied what DOD approved and vise versa. Denial justification pre existing. VA rating 70% w/increase, DOD 20%. If I appeal, what is likely to occur, should I appeal? I just don’t know how to tackle each without potentially impacting the other. Any insight you could provide would be great. Thank you!
Mismatch DOD/VA RATING PENDING ELECTION
- Thread starter Era23
- Start date
Talk to JAG. The DOD must use VA's rating for the condition. Whether a condition is service connected, or permanently aggravated or not doesn't have to match. They can't come to different determinations. Usually its the other way around. The VA is more lenient regarding service connection whereas the military is not. There are different rules and regulations that each organization must follow.
Maybe I am not understanding you correctly in your wording. If VA rating is 70% and DOD is 20% I think you mean that the PEB disagreed with the VA with service connection. As I said above that isn't uncommon. You really should talk to JAG and find out what to do. If the rating is wrong that would be a VARR. If the finding of service connected/unfit/combat related is wrong then its a FPEB.
Yes, for instance the PEB disagreed with the VA as it pertains to asthma, states preexisting but rated by the VA. The PEB rated knee injury with an LOD, VA denied stating pre existing. If appealed could the VA side with the PEB and decrease the rating or nix it all together. I’ve spoke with JAG, indication is nothing is concrete until the conclusion of the FPEB. At least that’s my take on it.
So 2 completely different things. So once you get IPEB you can appeal anything via FPEB and VARR. Only getting a rating increased via VARR is on the VA side. The rest on the DOD side and decided by the PEB. Anything else on the VA side can be appealed within 1 year of when you get out. You have to wait until you are a veteran and your proposed ratings have been finalized before you can appeal.
I hope that makes sense. So just focus on the PEB side for now unless its something rated too low.
I always recommend hiring private counsel. I will send you references in case you wish to hire dedicated private counsel who can give you more time on your case than JAG can. My wife hired private counsel and it was the best decision she ever made financially. She was AGR with 20 year letter and 17AFS. She was only 1 more PCS away from being able to retire via active duty regular retirement.
Hi! Do you still have references regarding private counsel?? I could really use some help.
Sure sending a list via direct message.
Could you also send me a list of attorney’s?
Sent info to you just now.