To do a VARR or not

So good news, after submitting more evidence on a deferred condition I am now sitting at 100% P&T with the VA. I am still waiting on the PEB piece to finish out and that will hopefully be soon. My question now is two parts. Originally my shoulder was denied and listed as not service connected even though it was one of the reasons for my MEB in the first place. I was looking at doing a VARR in order to get it rated as it should be. I am going to be fine without the VARR now as my back and PTSD will still put me around 80% if it is rating for rating on the VA to PEB. If I do a VARR and somehow the shoulder gets a 10% rating it won't have an affect on the overall percentage and probably a waste of time and slowing the process down more than it already has been. I don't want to complicate things anymore than needed. Curious as to what would be the logical decision here?

The second part is when it comes to CRSC. It is my understanding that you must have a VA rating for a condition that you are filing for CRSC for, with that being said even though I am now 100% it would be in my best interest to do the supplemental claims to shore up the issues that were denied the first time that would be qualified for CRSC such as sinusitis and other issues that are combat related and this won't affect the current rating or will it?

 

[Provis]

So you can't request a VARR for a condition that isn't service connected and unfitting. You would need to request a FPEB to challenge that first. Then if added as unfitting service connected then you would request a VARR. As far as doing a VARR if possible I always so go for it. My wife had her DOD% maxed out but still requested a VARR on a 3rd unfitting condition because she needed it raised for her to reach 100% on the VA side even if she was maxed out on the Chapter 61 compensation side. So if the rating is too low definitely take another bite at the apple to try to get it raised via VARR. However, in your situation you would need to request a FPEB to add it. That may not be worth it in your scenario as everything is on the table with a FPEB. Most don't want to risk that. Though my wife did just to argue combat related for one condition. Her attorney said its super rare for the FPEB to address and change anything other than the challenges being presented.

I am confused on the crsc part. You stated supplemental claims that were denied. Are you talking about VA claims? You can't apply for CRSC until you are retired so if you applied before then of course everything would be denied. Not sure what supplemental things you are talking about since during IDES you claim all conditions so everything should have already been claimed on the VA side.

Are you Reserve or Guard or something? The IDES process is super clean and as long as you claim every condition you are all set up to apply for CRSC after you get out. So during IDES you are getting all of your VA conditions rated and any condition that is found unfit that VA% will create a DOD% for the purpose of your chapter 61 compensation.

 

[Almostthere86]

I wouldn’t need a FPEB as it’s already on the PEB as an unfitting condition and the Army has stated that it was incurred while receiving base pay. What happened is the VA straight denied my condition as service connected. So I am getting nothing from them as far as a percentage. I know the CRSC part is after but with now being P&T anything I file or claim after that was denied or given a 0% rating won’t affect my original rating? I am asking this for once I am finally done and have the ability to file the supplemental claims to help get those issues finally rated.

 

[Provis]

I wouldn’t need a FPEB as it’s already on the PEB as an unfitting condition and the Army has stated that it was incurred while receiving base pay. What happened is the VA straight denied my condition as service connected. So I am getting nothing from them as far as a percentage. I know the CRSC part is after but with now being P&T anything I file or claim after that was denied or given a 0% rating won’t affect my original rating? I am asking this for once I am finally done and have the ability to file the supplemental claims to help get those issues finally rated.

Then yes its a VARR because you disagree with the rating for that condition. Talk to JAG to help you write one or hire an private attorney that specializes in IDES.