VA Ratings Reconsideration

rczjhedrick

PEB Forum Regular Member
Registered Member
Has anyone heard of a case where the VA ratings reconsideration led to the VA lowering the initial rating instead of increasing or keeping it the same? I am getting ready to submit a VA recon and was kind of worried about it but my AF lawyer isn't concerned. Thanks.

AF 40%/ VA 80%
 
I have heard of it happening before. But I don't know anyone personally, so I wonder if it is just a scare tactic.
 
Has anyone heard of a case where the VA ratings reconsideration led to the VA lowering the initial rating instead of increasing or keeping it the same? I am getting ready to submit a VA recon and was kind of worried about it but my AF lawyer isn't concerned. Thanks.

AF 40%/ VA 80%
Why are you doing a VARR. You have the 40% so it will be medically retirement. You can't fight the rest on the outside to increase VA.
 
Why are you doing a VARR. You have the 40% so it will be medically retirement. You can't fight the rest on the outside to increase VA.

Do not do that, get was rightfully yours while you are in, once out you'll have the time of your life w/o the inside support and base you now have as AD SM.
 
Has anyone heard of a case where the VA ratings reconsideration led to the VA lowering the initial rating instead of increasing or keeping it the same? I am getting ready to submit a VA recon and was kind of worried about it but my AF lawyer isn't concerned. Thanks.

AF 40%/ VA 80%

It would be virtually impossible for the VA to lower the rating, you were rated based upon all of the evidence that has been put in front of them at the time of ratings.

Typically, when you do a VARR, it is because you disagree with the ratings decision and you are able to present evidence to the DRAS that you meet the criteria for a higher rating.

Hopefully this will buy you the five months that you need to reach 20
 
Because I've have 19 years and 7 months of service and I need to buy all the time I can to make it to 20 years so I can collect dual retirement and disability pay.
Can't you ask to stay until 20. I know I heard about that option in my D taps class
 
Can't you ask to stay until 20. I know I heard about that option in my D taps class

There are circumstances in which you can request to continue on active duty to reach retirement. Each branch has different rules and there are no real guarantees.

The Air Force calls it Limited Assignment Status:

Limited Assignment Status (LAS). If the member has 15 or more years service and is motivated to remain on active duty, even though found unfit by the PEB, he/she may apply for consideration under the LAS program. DoD and Air Force directives provide for the retention of certain members who, although found physically unfit by a PEB, are willing and able to effectively continue on active duty with appropriate assignment limitations.

Such members may be retained on active duty in LAS. This program is intended for members having between 15 and 20 years service, and allows the Air Force to salvage needed experience and skills. Eligible members may be retained if they meet all of the following requirements:

a. Have applied for LAS.
b. Have a stable unfitting condition or one that is deteriorating at a slow rate.
c. Can be maintained in the military environment without adversely affecting themselves or their co-workers.
d. Will not require inordinate medical care.
e. Have expertise in a specialty that the Air Force needs.

Retention in LAS is directly dependent on the nature and degree of physical limitation, the years of service completed, and the needs of the Air Force. The primary objective of LAS is to conserve manpower by salvaging needed experience and skills. Members are not retained in LAS solely to increase their benefits or to complete a period of service. To apply for LAS, you must first be found unfit by a PEB and then, if you meet the eligibility criteria, you must submit a formal request for this status. Those retained in LAS must undergo an annual physical examination with continued retention contingent upon the results of the examination and the continued need for your grade and specialty. Members retained in LAS will normally not be retained on active duty past 20 years of active service. Individuals with over 20 years of service may apply for LAS but, if approved, they will normally be retained for a one-year period only. Individuals retained in LAS do not have to overcome the presumption of fitness when they approach their normal separation or retirement dates.
 
I am currently waiting my FPEB court date, then I will ask for a VAAR. The last resort is to apply for LAS if I still need time. A very stressful situation for sure. Thanks for the insight.

There are circumstances in which you can request to continue on active duty to reach retirement. Each branch has different rules and there are no real guarantees.

The Air Force calls it Limited Assignment Status:

Limited Assignment Status (LAS). If the member has 15 or more years service and is motivated to remain on active duty, even though found unfit by the PEB, he/she may apply for consideration under the LAS program. DoD and Air Force directives provide for the retention of certain members who, although found physically unfit by a PEB, are willing and able to effectively continue on active duty with appropriate assignment limitations.

Such members may be retained on active duty in LAS. This program is intended for members having between 15 and 20 years service, and allows the Air Force to salvage needed experience and skills. Eligible members may be retained if they meet all of the following requirements:

a. Have applied for LAS.
b. Have a stable unfitting condition or one that is deteriorating at a slow rate.
c. Can be maintained in the military environment without adversely affecting themselves or their co-workers.
d. Will not require inordinate medical care.
e. Have expertise in a specialty that the Air Force needs.

Retention in LAS is directly dependent on the nature and degree of physical limitation, the years of service completed, and the needs of the Air Force. The primary objective of LAS is to conserve manpower by salvaging needed experience and skills. Members are not retained in LAS solely to increase their benefits or to complete a period of service. To apply for LAS, you must first be found unfit by a PEB and then, if you meet the eligibility criteria, you must submit a formal request for this status. Those retained in LAS must undergo an annual physical examination with continued retention contingent upon the results of the examination and the continued need for your grade and specialty. Members retained in LAS will normally not be retained on active duty past 20 years of active service. Individuals with over 20 years of service may apply for LAS but, if approved, they will normally be retained for a one-year period only. Individuals retained in LAS do not have to overcome the presumption of fitness when they approach their normal separation or retirement dates.
 
How much terminal leave do you have? That can be a significant helpful factor if you have a lot.
 
Have you submitted a SAFPC appeal/rebuttal?

Seems to me, it is of highest importance to get to 20 years of AFS service. Many ways to get to that result based on what you have written.

Not enough information provided in your thread to offer more than general thoughts.
 
The last resort is to apply for LAS if I still need time.

By the way, using LAS as a "time delaying" tactic is a horrible idea, in my opinion
 
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