My proposed rating

Hello,
I have received my proposed rating I have 16 1/2 years AD, I was found unfit for Lupus and Fibro and received 60% TDRL from the Army and 90% from the VA. I am on the fence about accepting this because they they said some of my conditions are not service connected.:mad::mad::mad::mad:
 
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Just to clarify, was it the VA saying some conditions were not "service connected" or was it the Army saying they were not "in the line of duty"? This makes little sense to me because the Army would have to apply the Eight Year Rule to you and find everything in the line of duty (excepting if it were caused by misconduct or while you were AWOL). VA would normally follow the Army's administrative determinations (at least in regard to facts).
 
Jason,
It was the VA that said it was not service incurred. I also have where I told my MSO I had vertigo and ataxia-abasia, she told me they were the same and therefore only annotated vertigo I was given 10% for vertigo where I could have received 30% for vertigo with staggering. What shoud I do? They said I cant have it changed until receive my first disability pay check. Can I appeal this separate rating because of this?
 
As for the rating, the (thin) regulations state that you can request a one time rating reconsideration from VA while your case is still in IDES process. So, you might do that. I would include an argument about the "service connection" if you do (I am not sure how they would respond...one of the difficulties with the VA part of the IDES is that the Regional Offices who handle these may act differently on different questions...and there has been no case law developed to guide what should be a uniform practice). However, if you are generally satisfied with what the Army has done, you could accept and then appeal the VA decision after your retirement. Your VA compensation, if increased on appeal, would be retroactive to the day after your retirement.
 
jason short question somewhat related...all and all...if on tdrl for a condition and you file through the va..there is no reason the va would say your not service connected for that condition right? because on the peb paperwork sent in it specifically says incurred while entitled to basic pay. also..a va rep told me that i would not be rated much higher from the va that what the peb rated me (30%) ..but at my mental health exam i read a copy of it. and it supports a 70 % rating..since my condition has gotten a little worse i believe. if i do get a higher rating from the va for the same condition than what the peb gave me few months earlier ...what happens?
 
Jason,
I am overall satisfied my thing is if rated correctly I could have gotten a 100% the difference between 90% and 100% is about $1000. I dont know what to do. Jason I have an option DA Form 199 to concur with the PEB and request a reconsideration of my rationg by the DVA. If I do this can the VA lower my proposed rating, I dont want to lose my 90% but I want to get what I deserve. I am looking through my medical records and seeing diagnosis for conditions I never knew I had..sigh I thought the board process was stressful but that has proven to be an understatement.
 
italianguy4 said:
jason short question somewhat related...all and all...if on tdrl for a condition and you file through the va..there is no reason the va would say your not service connected for that condition right? because on the peb paperwork sent in it specifically says incurred while entitled to basic pay. also..a va rep told me that i would not be rated much higher from the va that what the peb rated me (30%) ..but at my mental health exam i read a copy of it. and it supports a 70 % rating..since my condition has gotten a little worse i believe. if i do get a higher rating from the va for the same condition than what the peb gave me few months earlier ...what happens?
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How do you know based off your MH exan that it supports a 70% rating?
 
i dont know it for a fact. i just read the symptoms that my examiner wrote down and documented. and how he worded the exam...it fit in the rating criteria for 70% plus that is the rating im praying for. it was just a guess based on putting it side by side with the VA rating schedule ..not saying it IS a 70 percent rating. just saying the way he documented everything..it seems to me he supports that rating. also why i was saying IF i got a higher rating ..what would happen...
 
NM. I meant you wrote twice that the Doctor and exam supports a 70% rating, not a 30%. I'm asking how does it. Not disagrreeing with you.
 
Jason,
It is normal practice for the PEB/VA to combine Lupus, Fibro and peripheral neuropathy and give a rating under 6350. I am under the understanding that these are all seperate conditions. Pls advise
 
I would not say that it is uncommon. However, with this issue, the PEBs are not a monolithic entity....different branches, PEBs, and individual PEB rating officers may have different takes on the rating issue. The VA is even worse, with each Regional Office having different adjudicators and likely different attitudes about these conditions. You have to be aware of pyramiding rules (both as a reason not to rate all of these AND as a reason why they might erroneously and improperly not rate some of these conditions).

That said, I think these are conditions, with overlapping affected body symptoms are probably prone to difficulty in accurately rating.
 
Jason,
I am relooking my DA 199 and they gave me 60% for all three of these horrible conditions combined. I have also notice that the VA did not rate my Dyspnea with decreased CO2 diffusion, plus the error with the vertigo rating and not being rated at vertigo with staggering. There were alot of errors made and I am seeing PEB counsel tomorrow, I will likely decide to concur with the PEB findings but request that the VA relook these two conditions. What is you expert opinion on this matter?
 
I can't really say, because I don't know what's in your case file (if you are asking about the propriety of the ratings). As far as the decision to accept PEB findings and request VA relook, I think this is a viable approach. It is hard to say more, except that there is nothing about this choice that makes me think that out of hand this is not an acceptable decision....that said, I would look at whether it makes any difference to get a higher Army rating or whether increased compensation will likely best be achieved by a higher VA rating. Much depends on your retired base pay.
 
Jason,
I will post an update from my PEB counsel meeting tomorrow. Thank you for your help.
 
ive got my unfit dated aug 25th 2011. i called the va they said that they have sent a proposed rating back. what comes after they send a propsed rating? im in the army and have been for almost 11 years now (i am A SSG.) any reply would be great thanks!
 
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