Requesting P&T from 100% non-perm rating?

AF_Dad

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Good morning,

How does one go about requesting their conditions be rated as permanent? I recently was medically retired (30% DoD PRDL and 100% VA non-permanent) but am interested in the protected status and benefits that come with P&T (for my family mostly). Where do I find what conditions the VA will be re-examining? The VA MSC that dealt with me during my IDES/PEB process recommended I wait until I receive my first check from the VA before filing a Notice of Disagreement (NoD). Would you also recommend I wait? From what I remember him telling me, I believe I'll be re-examined for PTSD/maj depress/TBI residuals (50%, and I've been on the same meds/dosages for over a year), migraines (30%), and my back condition (20%, but which the AF combined with radiculopathy to permanently medically retire me at 30%).

So how do I request permanent ratings, do you also recommend I wait until I receive my first VA check, and what documentation will I need to support my claims? And do you have any idea of how long that will take? Will my prior medical history be enough? I am still on my meds/get refills, but haven't had appts since retiring, other than my enrollment into the VA health system.

In hindsight I should've appealed/or requested a reconsideration during my PEB process, but I ignorantly accepted the first thing my PEBLO slid across the table.

Thank you all for your time and consideration.
 

chaplaincharlie

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File a Notice of Disagreement with the VA. You can file online, via E-Benefits. Spends some time in their rules and the CFR and provide a concise and compelling reason for P&T.
 

Warrior644

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Good morning,

How does one go about requesting their conditions be rated as permanent? I recently was medically retired (30% DoD PRDL and 100% VA non-permanent) but am interested in the protected status and benefits that come with P&T (for my family mostly). Where do I find what conditions the VA will be re-examining? The VA MSC that dealt with me during my IDES/PEB process recommended I wait until I receive my first check from the VA before filing a Notice of Disagreement (NoD). Would you also recommend I wait? From what I remember him telling me, I believe I'll be re-examined for PTSD/maj depress/TBI residuals (50%, and I've been on the same meds/dosages for over a year), migraines (30%), and my back condition (20%, but which the AF combined with radiculopathy to permanently medically retire me at 30%).

So how do I request permanent ratings, do you also recommend I wait until I receive my first VA check, and what documentation will I need to support my claims? And do you have any idea of how long that will take? Will my prior medical history be enough? I am still on my meds/get refills, but haven't had appts since retiring, other than my enrollment into the VA health system.

In hindsight I should've appealed/or requested a reconsideration during my PEB process, but I ignorantly accepted the first thing my PEBLO slid across the table.

Thank you all for your time and consideration.
Welcome to the PEB Forum! :)

Indeed, if you don't agree with any of the DoVA official ratings from the DoVA D-RAS upon receipt of their adjudicating documentation then it's in your best interest to submit a DoVA NOD within the one year deadline to file from the date on the DoVA official ratings letter. Otherwise, nonetheless, you can always submit a new DoVA disability claim (via eBenefits for faster processing) requesting for an increased DoVA "P&T" rating at any point in time.

As such, full implementation of the Veterans Appeals Improvement and Modernization Act of 2017 that takes effect on February 19, 2019. The DoVA will now offer Veterans a greater choice in how the DoVA reviews their disability claim by a commitment to ensuring that these disability claims are processed accurately, timely and fairly. That said, Veterans who appeal a DoVA decision will have three decision review choices: Higher-Level Review, Supplemental Claim, and appeal to the Board of Veterans’ Appeals.

Moreover, the DoVA’s goal is to complete Supplemental Claims and Higher-Level Reviews in an average of 125 days via a VBA decision while selecting option 3 of appealing to the Board of Veterans' Appeals will have a 365-day average direct docket goal with 120 days follow-on to the Court of Appeals for Veterans Claims (CAVC). Reference the attached webpage hyperlink of the Board of Veterans' Appeals for additional detailed information. Take care!

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

Best Wishes!
 

oddpedestrian

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You can file a NOD but since you are already 100% non-P&T there is a good chance that there was evidence that you will get better at a later date so they probably will deny until after your first or second review.
 

AF_Dad

Member
Registered Member
Update: From their preliminary 100% non-permanent rating, they changed me to P&T when things were just finalized.

I still have questions though: Is there any benefit to filing a NOD in relation to conditions like hearing loss? They rated my left ear @ 0%, but my right ear as non-service connected. I worked 6 years in aircraft maintenance and my family and I believe I have hearing loss/difficulty hearing, but the tests don't reflect as so. Sound-proof room = much easier to hear.

Thanks again for your time and responses.
 

Warrior644

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Update: From their preliminary 100% non-permanent rating, they changed me to P&T when things were just finalized.

I still have questions though: Is there any benefit to filing a NOD in relation to conditions like hearing loss? They rated my left ear @ 0%, but my right ear as non-service connected. I worked 6 years in aircraft maintenance and my family and I believe I have hearing loss/difficulty hearing, but the tests don't reflect as so. Sound-proof room = much easier to hear.

Thanks again for your time and responses.
Indeed, congratulations on the receipt of a DoVA P&T rating upon reviewing your DoVA official ratings.

In reference to your above inquiry more specifically to hearing loss, it would depend upon all available medical evidence and/or medical documentation at the time of final adjudication by the DoVA D-RAS or DoVA Rating Agency. If you believe an error was made in the VA rating adjudication process then submitting a DoVA NOD under full implementation of the Veterans Appeals Improvement and Modernization Act of 2017 is warranted for any potential resolution.

As such, the DoVA D-RAS or DoVA Rating Agency needs evidence to validate that you currently have a hearing loss for VA purposes. It seems that hearing loss was awarded for your left ear at a non-compensable 0% rate while your right ear didn't meet the criteria for hearing loss for VA purposes. Albeit, hearing loss while in-service may also be considered military service connected by the DoVA Rating Agency if the evidence of record shows acoustic trauma or military noise exposure.

Hmm, were you military service connected for Tinnitus (VA code 6260) also? If regular or recurrent tinnitus is present, it is rated 10%. Additionally, only one rating is allowed for tinnitus whether or not the ringing is in one, both ears, or in the head. Any hearing loss that accompanies tinnitus can be separately rated under VA code 6100.

Nonetheless, I would suggest that you review the 38 CFR VASRD §4.85 Evaluation of hearing impairment criteria for detailed information to include reviewing your DoVA C&P examination for hearing performed by a licensed audiologist, and the DoVA EAR CONDITIONS (INCLUDING VESTIBULAR AND INFECTIOUS CONDITIONS) DBQ used for ear conditions. At any extent, to get a proper DoVA rating assigned by the DoVA Rating Agency, both ears need to be tested. If one ear has not been tested, then it is assumed that the not tested ear is perfectly normal. Take care!

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

Best Wishes!
 
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