Need help

I received my informal PEB results today and I am shocked at how low my DOD % is. I spoke with my Jag and they said I could appeal this through a formal PEB and add my PTSD / Depression / anxiety to try and add it to my referred condition to hopefully be medically retired instead of being medically separated. Any advice would be greatly appreciated if anyone has gone through this process / has any tips for me. I am rated 50% for my PTSD / Anxiety / Depression. Thank you.

 

[Provis]

I received my informal PEB results today and I am shocked at how low my DOD % is. I spoke with my Jag and they said I could appeal this through a formal PEB and add my PTSD / Depression / anxiety to try and add it to my referred condition to hopefully be medically retired instead of being medically separated. Any advice would be greatly appreciated if anyone has gone through this process / has any tips for me. I am rated 50% for my PTSD / Anxiety / Depression. Thank you. View attachment 11074

First of all is the unfitting condition correct? Does the description match? Was there no range of motion issues? Are your symptoms match the VA% for that condition. If the rating is incorrect then a VARR is in order. If the VA did the wrong diagnostic code or missed some other conditions related to that condition that may require a FPEB. You can try to add mental health via a FPEB but if you haven't been arguing for it all along you will be at a disadvantage. You see if you would have done a rebuttal at the NARSUM stage etc. then it would be a stronger case for adding it at the end via a FPEB. Its not impossible but it is much harder to get a condition added at the end as a HailMary due to not getting the % you wanted on your referred unfitting condition.

For those who know me well on this forum I always recommend at the very least consulting private legal counsel and if possible hire one. Even if you are not sure at least you can get a 2nd opinion. Not every attorney will take your case as this point in the process but some will. I am saying this not to rub it in because most Soldiers aren't even told that this is an option. Most Soldiers cruise through the process on autopilot and then when they get to the end its a sad because if something isn't right it is much harder to win because they didn't have a strategy and dedicated legal counsel. JAG has way to many cases to put much time into each Soldier's situation. I will send you references for attornies in case you want to reach out and see if they can help you.

 

[PEBHELPPLZ]

Yes, the unfitting condition is correct, but the rating is not correct. The rating they have given me at 10% describes the condition as controllable, but it is uncontrollable. I have the evidence to prove this in my medical record, and I’ve been undergoing treatment for over two years with no resolution or mitigation of symptoms. I am rated at 10% for this condition but under the guidelines my condition falls under, it should be 30%.

I have looked at other ratings given to veterans by the VA and this one resembles my case the most: “The veteran's chronic pelvic pain has been rated by analogy
to 38 C.F.R. § 4.116, Diagnostic Code 7629. That diagnostic code pertains to the evaluation of endometriosis, and provides for a 10 percent evaluation when there is pelvic pain or heavy or irregular bleeding requiring continuous treatment for control. A 30 percent rating requires pelvic pain or heavy or irregular bleeding not controlled by treatment.”

I have the same diagnostic code of 7629 and symptoms of 30% but I am only rated at 10%.

 

[Provis]

Yes, the unfitting condition is correct, but the rating is not correct. The rating they have given me at 10% describes the condition as controllable, but it is uncontrollable. I have the evidence to prove this in my medical record, and I’ve been undergoing treatment for over two years with no resolution or mitigation of symptoms. I am rated at 10% for this condition but under the guidelines my condition falls under, it should be 30%.

I have looked at other ratings given to veterans by the VA and this one resembles my case the most: “The veteran's chronic pelvic pain has been rated by analogy
to 38 C.F.R. § 4.116, Diagnostic Code 7629. That diagnostic code pertains to the evaluation of endometriosis, and provides for a 10 percent evaluation when there is pelvic pain or heavy or irregular bleeding requiring continuous treatment for control. A 30 percent rating requires pelvic pain or heavy or irregular bleeding not controlled by treatment.”

I have the same diagnostic code of 7629 and symptoms of 30% but I am only rated at 10%.

So then its a VARR that you need. I assume you have already selected that option because its a 5 day period you have from the time of presentation to you of the results. I always recommend hiring a private attorney but in your case it might be too late in the game for anyone to want to take on your case. I would consult with your assigned IDES JAG for help in drafting the VARR to try to increase the % from 10% to 30%

 

[FatherTime39]

Yes, the unfitting condition is correct, but the rating is not correct. The rating they have given me at 10% describes the condition as controllable, but it is uncontrollable. I have the evidence to prove this in my medical record, and I’ve been undergoing treatment for over two years with no resolution or mitigation of symptoms. I am rated at 10% for this condition but under the guidelines my condition falls under, it should be 30%.

I have looked at other ratings given to veterans by the VA and this one resembles my case the most: “The veteran's chronic pelvic pain has been rated by analogy
to 38 C.F.R. § 4.116, Diagnostic Code 7629. That diagnostic code pertains to the evaluation of endometriosis, and provides for a 10 percent evaluation when there is pelvic pain or heavy or irregular bleeding requiring continuous treatment for control. A 30 percent rating requires pelvic pain or heavy or irregular bleeding not controlled by treatment.”

I have the same diagnostic code of 7629 and symptoms of 30% but I am only rated at 10%.

For the VARR, include specific evidence in your treatment record. State the diagnostic code and what you think you should be rated it. Explain the criteria for the percentage you think you should be rated at. Lastly, tie all of your evidence to the rating criteria. While it may seem simple to explain all of the details, don't leave anything up for interpretation. Your lawyer is a good person to help write it in legaleze.

 

[NeonVortex]

Consider appealing the PEB through a formal board to add your PTSD, depression, and anxiety to your case. With a 50% VA rating for these conditions, it could potentially increase your DoD percentage. Seek advice from a Veterans Service Officer (VSO) for guidance through the process and consult your JAG for insights on gathering any additional supporting documentation. Good luck!