Post-VARR denial, last chance effort

V

Van-van

PEB Forum Regular Member
Registered Member
DOD: 50 PTSD 30 Narcolepsy with Cataplexy
VA: 50 PTSD 30 NwC 20 Shoulders 10 10 10 10 10 0 0 0 0

I submitted a VARR on Narcolepsy since they rated it under daytime hypersomulence rather than petit mal. They came back that since the record doesn't show I have rhythmic blinking and nodding it doesn't count as petit mal, just daytime hypersomulence. I had a sworn statement from a CPT saying I had just that in front of a COL in a meeting along with a sleep log.

I'm currently clearing with terminal leave June 13 final out July 13. Prior to my final ratings from the VA I am considering submitting letters from my parents, brother, and another CPT I worked with clearly stating the frequency and head bob and rhthmic blinking to ebenefits. I was also thinking of submitting a simple letter saying "Consider the past evidence showing rhythmic blinking as well as this new evidence." and just waiting.


Can someone enlighten me to the pros and cons as well as any guidelines I should follow?
 
have you tried a USAPDA appeal? that as far as I know is the last ditch effort availavle before leaving active duty.
 
It was sent to them, they'll review it regardless. I think the last is the final review.
 
Its not truly a last chance effort, the VARR is not a real appeal. Its just your last chance prior to discharge. Once you get your official ratings you can begin a real appeal with the VA (within one year of decision). If that appeal is successful they will change the ratings effective to the date of discharge. It should not be a problem to then take that to a BCMR to get your discharge percentages fixed. One of the advantages of them being forced to use the VA ratings assigned at discharge is it gives you a true opportunity to appeal, slow as the VA appeal process is, it strikes me as a much more real appeal process than the FPEB was when it comes to rating decisions.

I am not aware of any non-obvious cons to the USAPDA, as noted, they have to review anyway, but if something is messed up in your favor you probably don't want to draw attention to it. Not sure of any non-obvious pros, its a simple last look over things to make sure nothing is FUBAR.

I know of no guidelines, they rarely change things, but you seem to be on the right track to addressing how the rater was wrong. A certain level of formal language is generally helpful when speaking to Echelons Above Reality, however I will say I found when communicating with HRC, throwing in a sentence or two that is less robotic seems to get good results. I believe putting in a sentence that makes you laugh a little will draw attention to the fact they're dealing with a real person's life.

Me, I'd write this: "My condition exceeds simple hypersomulence. As noted in the attached memo, I feel asleep in front of a COL as witnessed by my CPT. I either need a higher mental health rating for suicidal behavior or a different consideration of my narcolepsy. The associated head bobbing (if you ever fall asleep in front of a COL, agree with everything he says) and eye movement leaves me convinced the symptoms are more closely associated with a seizure and I believe it should be rated as such."

But I'm not sure anyone but the person reading the letter can tell you what will really work.
 
ScoutCC, awesome feedback, once again. I meant this is the last ditch prior to separation; the thought of going through all of this again puts me in a pitch black mood. If i can do ANYTHING to influence prior to having to go through the appeal, I'm going to attempt it.

I have a certain amount of annoyance at my JAG office, who've been incommunicado lately, and am hesitant to jump in without counsel, but this forum settles my worries a bit.

I love that one-liner.
 
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