VA Rating Reconsideration (VARR) Process

Hello all,

The VA completed the proposed ratings and were sent back to the IPEB on June 16. I was able to find the proposed ratings thanks to the DAV. One of the referred conditions was rated at 0% and I'm looking to request a VARR once I get the AF Form 356. It appears I was found unfit to all of the referred conditions.

1) Is there a specific format to request a VARR.
2) Will the medical separation/retirement will be on hold while the VARR is completed or do they move forward if no formal PEB is requested.
3) Does the VARR is done just to the appeal condition or everything is revised.
4) What is the typical timeline for a VARR in Providence.

My combined DoD rating is 70% (unofficial)

Thanks
 
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I can help with some of your questions:

) 1)Is there a specific format to request a VARR.
2) Will the medical separation/retirement will be on hold while the VARR is completed or do they move forward if no formal PEB is requested.
3) Does the VARR is done just to the appeal condition or everything is revised.
4) What is the typical timeline for a VARR in Providence.
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1) It is a memo to the PEB requesting a VARR. I had legal draft mine, and included the reason for the VARR request, a summary of what we thought the rating should be, and the evidence that supported that. I would not draft one by yourself - get legal assistance. My attorney connected all the dots, drew all the lines, and numbered the squares - they just had to color it in.

2) Yes. Everything stops until the VARR is done. You can request a VARR without requesting a formal PEB.

3) Only the UNFIT condition(s) you request a VARR on are reevaluated. They MAY look at the others, but are only required to redo the UNFIT ratings that are specifically requested.

4) Sorry....

best of luck...Bob
 
I can add something.

The VARR will only address unfitting conditions (i.e. those that meet retention standards). They only will look at the actual percentage during the VARR, make sure to provide any medical documentation to support a higher percentage.

However, any other concerns would be noted (such as service connection) and a determination will be made when the VA finalizes your rating.
 
I knew, upon receiving my first DA199, that I would be asking for a VARR as well. I met with the local PEB counsel and went over my rational for the FPEB and the VARR. I already had my rebuttal documents done and gave my 0.02 cents (based on my documents) on why the higher rating was justified.

The local counsel and I came to agreement on a gameplan and he handed me off to the FPEB counsel. Upon completion of the FPEB (and signing the revised DA199) I went back to the local PEB counsel. He drafted a memorandum that outlined, again based on evidence, why the higher rating via VARR was justified.

The VA completed the VARR and sent it back to the PEB who forwarded it straight to the PDA. No revised DA199 was created because the percentages changed but not the disposition (PDRS/TDRL/Separation). The first indication that my VARR was back was transitions calling me to come in and see them.
 
From Psychofficer: "1) It is a memo to the PEB requesting a VARR. I had legal draft mine, and included the reason for the VARR request, a summary of what we thought the rating should be, and the evidence that supported that. I would not draft one by yourself - get legal assistance. My attorney connected all the dots, drew all the lines, and numbered the squares - they just had to color it in."

Psychofficer has it right: From what I saw, a good VARR is put together so that, based on the evidence and the VA's rules & regulations, it is obvious that a higher rating is warranted. I know I felt pretty optimistic when I read the attorney's final product. I had an awesome MEB/PEB counsel on post.
 
If you request a VARR, it is true that you run in the risk of the D-RAS lowering your ratings. Also, how does VA round up to the nearest 10 %: i.e. does 44 % is rounded to 45 % or 40 % ?
 
Also, how does VA round up to the nearest 10 %: i.e. does 44 % is rounded to 45 % or 40 % ?
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44% gets rounded down to 40% 45% gets rounded up to 50%

VA only pays in 10% increments - 10-20-30 etc.

Bob
 
rico_pr said:
If you request a VARR, it is true that you run in the risk of the D-RAS lowering your ratings. Also, how does VA round up to the nearest 10 %: i.e. does 44 % is rounded to 45 % or 40 % ?
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From my experiences within the DoD IDES MEB/PEB process, in order to potentially have a favorable VARR request returned from the DoVA D-RAS, ensure that all medical evidence and/or other documentation supports your argument in detail.

In addition to @gsfowler comments above, the DoVA D-RAS Decision Review Officer (DRO) shall review your request for a DES reconsideration on the PEB-referred unfitting conditions only albeit any other non-rating increase requests (i.e., a total disability enhanced rating, etc ) shall be adjudicated during the DoVA D-RAS process to finalize your DoVA ratings.

Unfortunately, I didn't have a useful FPEB military counsel to prepare my VARR request so I had to complete it myself then sent it back to that useless FPEB military counsel for forwarding to the DoVA D-RAS. That said, obtaining a favorable combined rating increase from DoD 60% to DoD 70% resulted albeit the DoD combined rating should have been much higher in my opinion as based upon the medical evidence within my DoD IDES case file.

No worries, my DoD combined rating shall be properly adjudicated upon the completion of my forthcoming military TDRL re-evaluation in the near future via the available military appeal process for sure if warranted! ;)

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

Best Wishes!
 
I have my FPEB this Friday 1 August. Immediately following, my PEB attorney will be submitting a VARR to request an in increased percentage as per the VASRD code 5243 based upon a secondary Range of Motion (ROM) test I had conducted. What is the typical turnaround of getting an answer back from the VA on whether or not the new rating was accepted (i.e. 2 weeks, 3 months, longer?) Thanks for the assistance.
 
cjsk49er said:
I have my FPEB this Friday 1 August. Immediately following, my PEB attorney will be submitting a VARR to request an in increased percentage as per the VASRD code 5243 based upon a secondary Range of Motion (ROM) test I had conducted. What is the typical turnaround of getting an answer back from the VA on whether or not the new rating was accepted (i.e. 2 weeks, 3 months, longer?) Thanks for the assistance.
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Welcome to the PEB Forum! :)

From my experiences within the DoD IDES process, the "waiting period" time for the return of the VARR and processing by the IPEB was approximately 84 calendars days in my particular situation.

Hopefully, at this point in time, the DoVA D-RAS to include the IPEB are generating the PEB Reconsideration documentation in a more swifter manner. Otherwise, other PEB Forum members may be able to provide approximate current "waiting period" times.

That all said, take care and I pray that you are highly successful at your forthcoming FPEB hearing while never default acceptance to potential injustice!

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

Best Wishes!
 
My VARR was submitted 06/12/14 so its been about 48 days so far. Just need to correct one unfitting condition.
 
In almost all cases- especially if you are going to contend for/ask for additional unfitting conditions from the FPEB, it is best to wait until your FPEB results before submitting a VARR. Otherwise (and completely illogically from a process point of view), you will not be able to request a rating reconsideration for any conditions that the FPEB finds unfitting. (Though, should this happen, I think it still makes sense to ask for one anyways and cite the fact that there is a "new" unfitting condition; much of this is "undeveloped" process/law and the worst they can do is deny the request on procedural grounds. However, having at least submitted it, I think raises issues that the VA must address once you are retired/separated).

I say again, best practice is to hold back until the FPEB gives its findings as to your unfitting conditions.
 
Jason Perry said:
In almost all cases- especially if you are going to contend for/ask for additional unfitting conditions from the FPEB, it is best to wait until your FPEB results before submitting a VARR. Otherwise (and completely illogically from a process point of view), you will not be able to request a rating reconsideration for any conditions that the FPEB finds unfitting. (Though, should this happen, I think it still makes sense to ask for one anyways and cite the fact that there is a "new" unfitting condition; much of this is "undeveloped" process/law and the worst they can do is deny the request on procedural grounds. However, having at least submitted it, I think raises issues that the VA must address once you are retired/separated).

I say again, best practice is to hold back until the FPEB gives its findings as to your unfitting conditions.
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My bilateral hip fractures triggered my Medboard and got rated “unfit”. My behavioral health came back “fit”, but the C&P exam was 5 minutes long and felt improper. I’ve been seeing a civilian therapist to get a proper diagnosis. At this stage and with evidence, can my mental health condition be considered a new “unfit” for the FPEB?
 
Thermopylae said:
My bilateral hip fractures triggered my Medboard and got rated “unfit”. My behavioral health came back “fit”, but the C&P exam was 5 minutes long and felt improper. I’ve been seeing a civilian therapist to get a proper diagnosis. At this stage and with evidence, can my mental health condition be considered a new “unfit” for the FPEB?
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FYI. This post is 8 years old. Jason Perry is still active on this board though. Also, the answer is yes. You can get it added at the FPEB phase. A revised commander's impact statement that includes how your mental health prevents you from doing your job would help immensely if your commander is willing to do that for you. Your IDES attorney can submit informal evidence with the request for a FPEB and if the documents are convincing they may add it without you needing to do the FPEB.
 
Provis said:
FYI. This post is 8 years old. Jason Perry is still active on this board though. Also, the answer is yes. You can get it added at the FPEB phase. A revised commander's impact statement that includes how your mental health prevents you from doing your job would help immensely if your commander is willing to do that for you. Your IDES attorney can submit informal evidence with the request for a FPEB and if the documents are convincing they may add it without you needing to do the FPEB.
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Does the PEBLO prepare a statement to submit for my CO to sign? I can’t remember how it went for my previous statement.

I’m confident my commander will help me with a statement. However, my formal hearing is on June 10th. I have an appointment with my PCM on May 20th to talk about medications and to have behavioral health added to my profile.
Due to the time schedule, would I still have time to not do the FPEB?


Thank you so much.
 
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