Need help on what to do next!

Heres my situation, I was injured in a training accident about a year and a half ago, which resulted in the onset of seizures. I was later referred to the MEB and was transferred to a WTU. In November I signed my NARSUM for my seizure disorder. My army attorney said I should get 100/100 since I have them monthly and according to the VASRD it should be an easy 100/100. I just talked to my PEBLO and was informed that my unofficial ratings should be 50/80 and I’m not sure what to do. According to my C&P exams, my condition fits the 100% rating but why I am being lowballed at 50/80? Does anyone have any advice? I remember watching EBENEFITS one day and it went from gathering evidence to Pending decision approval in no more than 3 hours. Does this mean they didn’t even look through my whole packet? Thanks for the help

 

[PsychOfficer]

First of all, let you attorney know. It is quite possible they missed something. When the ratings come back on the 199 - do not sign it, take it to your attorney and have him/her develop a request for VA reconsideration. Now this only applies to diagnoses found unfit - you can't have it done on the others. I did a VARR, and it turned out that yes, Mr. Obvious wasn't in the office the day they did my ratings. But seriously, give your attorney a heads up, and you get another free shot at rating the unfit conditions. best of luck...Bob

 

[kevin h]

Thanks for the advice, when you went to talk to your attorney did they need any more evidence or what kind of paperwork did they need? Im currently on leave far far away from the WTU so i just want to know what I should start trying to gather in order to submit a VARR. According to my C&P exams, I should already be at 100... in my VARR can i just cite the information in my C&P exam? Thanks again- Kevin

 

[Warrior644]

Thanks for the advice, when you went to talk to your attorney did they need any more evidence or what kind of paperwork did they need? Im currently on leave far far away from the WTU so i just want to know what I should start trying to gather in order to submit a VARR. According to my C&P exams, I should already be at 100... in my VARR can i just cite the information in my C&P exam? Thanks again- Kevin

From my experiences within the DoD IDES MEB/PEB process upon submission of a VARR request which I had to generate since I was assigned a PEB military attorney who eventually turned out to be an unprofessional, unreliablely deceptive commissioned officer with a very lackadaisical work ethic and a zero percent sense of urgency...hmm enough said about that at this point!

, now back to my specific feedback. To that extent, please ensure that your assigned SMEBC/SPEBC attorney has full access to your military medical records so that he/she can generate the best possible VARR to address the potential error(s) in DoVA proposed rating for the PEB referred unfitting condition.

Also, do you have any new additional medical evidence in support of your seizure disorder medical condition? If so, ensure that your assigned Army counsel receives it too?

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

 

[Dcmd124]

Just to chime in. When your PEBLO gives your IPEB package, it will include the VA Proprosed Ratings. It will tell you why the VA rated Diagnosis xx% and why it did not receive the higher rating%.

Don't get too frustrated until you have the actual Proposed Ratings. Since you are not near your PEBLO, have you asked them to send them to you digitally? It might help to see where the errors are and what reasoning the VA used.

Take care and good luck to you.