Should my husband appeal?

MrsSwank

New Member
Registered Member
My husband just received his ratings as 50 / 70. Based on his NARSUM and the way it was written, we were expecting the DOD portion to be at least 70%, as it read verbatim with the 70. His referring condition was PTSD, but he also had approximately 20 other issues listed on the VA side. He also still has a pending referral to Neurology for a possible TBI and his migraines (which the Army keeps writing up as occasional headaches that do not cause work related impairment - SO wrong). I am wondering if it would behoove him to appeal and try to get his numbers to reflect the NARSUM, or if by doing it we would risk them lowering the numbers even more. He truly is affected in most all areas of functioning, we can't go out as a family without him being constantly alert/ panicky, he has night terrors, depression, anxiety, and a whole gamut of other issues. I just hate to see him going through all of this. Thank you for your help!
 

Chrisa4532

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
My husband just received his ratings as 50 / 70. Based on his NARSUM and the way it was written, we were expecting the DOD portion to be at least 70%, as it read verbatim with the 70. His referring condition was PTSD, but he also had approximately 20 other issues listed on the VA side. He also still has a pending referral to Neurology for a possible TBI and his migraines (which the Army keeps writing up as occasional headaches that do not cause work related impairment - SO wrong). I am wondering if it would behoove him to appeal and try to get his numbers to reflect the NARSUM, or if by doing it we would risk them lowering the numbers even more. He truly is affected in most all areas of functioning, we can't go out as a family without him being constantly alert/ panicky, he has night terrors, depression, anxiety, and a whole gamut of other issues. I just hate to see him going through all of this. Thank you for your help!
The way you need to look at it is that with 50% DOD he will be retired. Is it Temp of Permanent retirement? It depends how long he has in but most likely the VA money would be more than he would receive from the DOD. VA is not taxable and DOD money would be based off of BASE PAY only and taxed. The question you guys need to ask yourselves is are you satisfied with 70% VA. I'm not the holder of all answers regarding PEB's but its just my two sense.
 

Warrior644

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
My husband just received his ratings as 50 / 70. Based on his NARSUM and the way it was written, we were expecting the DOD portion to be at least 70%, as it read verbatim with the 70. His referring condition was PTSD, but he also had approximately 20 other issues listed on the VA side. He also still has a pending referral to Neurology for a possible TBI and his migraines (which the Army keeps writing up as occasional headaches that do not cause work related impairment - SO wrong). I am wondering if it would behoove him to appeal and try to get his numbers to reflect the NARSUM, or if by doing it we would risk them lowering the numbers even more. He truly is affected in most all areas of functioning, we can't go out as a family without him being constantly alert/ panicky, he has night terrors, depression, anxiety, and a whole gamut of other issues. I just hate to see him going through all of this. Thank you for your help!
Welcome to the PEB Forum! :)

In my opinion, requesting a Formal PEB (FPEB) hearing always has a level of unforeseen "risk" in that the original IPEB recommendation becomes null and void then the FPEB shall adjudicate their own outcome as based upon all available medical evidence, medical documentation, service member's testimony (if provided) and witness(es) testimony (if applicable).

To that extent, if your husband isn't seeking any additional medical impairments/conditions for a PEB-referred "unfit for duty" determination then the FPEB probably won't provide any added benefits. As such, the request to submit a VARR to the DoVA D-RAS on the PEB-referred "unfit for duty" medical condition (e.g., PTSD) is probably the safest beneficial avenue of approach to potentially receive an increased DoVA proposed rating at this point.

In retrospect, if your husband receives placement onto the DoD military TDRL for his PTSD medical condition and the DoVA D-RAS evaluated the mental disorder via 38 CFR VASRD §4.129 Mental disorders due to traumatic stress criteria then...

"When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted. (Authority: 38 U.S.C. 1155) [61 FR 52700, Oct. 8, 1996]"

Hence, if applicable, the aforementioned requirement is another opportunity for your husband to potentially receive an increased DoVA official rating for the PTSD medical condition if his current symptomology remains the same or continues to deteriorate while placed onto the DoD military TDRL.

My case-in-point via the submission of a VARR request while in the PEB phase of the DoD IDES process, the DoVA D-RAS DRO didn't award an increased evaluation for my PTSD medical condition (e.g., I was seeking a DoD 70% rating as based upon all symptomology at that point in time). Instead, I was awarded a DoD 50% official rating for PTSD upon placement onto the DoD military TDRL. Within seven months after placement onto the DoD military TDRL, I had my PTSD re-examination via QTC Medical Services (subcontracted by the DoVA VBA) and received a surprising DoVA 100% official rating for PTSD; I thought a DoVA 70% official rating was sufficient but my symptomology was much worse as based upon the totality of my DoVA medical records. Currently, I have an official DoVA 100% P&T rating with entitlement to SMC-P as based on Aid and Attendance and still on the DoD military TDRL albeit I have a DoD TDRL re-evaluation for PTSD in June 2016. At that point, I should be placed officially onto the DoD military PDRL with a DoD 100% official rating; if not, I shall definitely request a DoD LDES FPEB hearing (...yet again with three FPEBs in total to date)!

As such, the moral of my aforementioned historical endeavor is that please never default acceptance to any injustices; fight then fight some more until receipt of desired expectations supportable via all available medical evidence and/or medical documentation. Proper documentation is a crucial factor in any potential favorable determination(s) by the DoVA Rating Agency at least as based upon my experiences to date.

With that all said, please take care and I hope for a favorable outcome upon the official conclusion of your husband's DoD IDES process.

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

Best Wishes!
 

ReinaCat

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
My husbands ratings just came back today. 50 DOD (PTSD) 100 VA. We will be appealing since we feel my husbands condition is pretty severe since he has not been able to work for the past 18 months. We also have the TBI which is diagnosed but not unfitting and some serious ortho issues we are going to ask to be looked at as unfitting.
 

Camp P Marine

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
If you look at the VA portion (letter) it gives you reasons why he's not at the next (70%) level of impairment. I would use those words to argue for a higher rating via VARR. Worst case the rating stands at 50%. You have nothing to lose by asking for a rating reconsideration.

TDRL?
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
Please don't hijack threads. If you have an issue or a question that pertains to your own case, please open your own thread. It complicates answers and discussions when someone posts their own issues in someone else's thread. Thanks for your cooperation.
 

ReinaCat

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Please don't hijack threads. If you have an issue or a question that pertains to your own case, please open your own thread. It complicates answers and discussions when someone posts their own issues in someone else's thread. Thanks for your cooperation.
Very sorry about that Jason Perry. Long emotional day. I re read the thread it seems very clear I should not have posted on this thread. Things get very confusing that way. I tried to delete earlier but I cannot because it has been too long. Perhaps you can delete for me. Thanks for all your help.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top