VARR came back denied

V

Van-van

PEB Forum Regular Member
Registered Member
I initiated a VARR on my Narcolepsy with Cataplexy. It came back today, but I haven't had a chance to see it. Even with a clear and concise statement from my pulmonary sleep specialist stating the number of attacks I have (it's rated under epilepsy petite mal), the VARR came back as "no change" (I haven't laid eyes on the justification yet) rating it under sleep apnea extreme daytime sleepiness.

My counsel tells me there's only an appeal post retirement.

Does anyone have any idea why the VARR would come back with this ruling? Any further ideas prior to separation?

Thanks.
 
The VA counted my cataplexy attacks but not my narcolepsy attacks. I believe this to be incorrect. Time to appeal through the DAV, but before that, does anyone know of a way to raise the issue with the USADPA when it gets to them?
 
The VA can be frustrating is the easiest answer.

The RO gets to decide which evidence decides the question. If you look over VA appeals the majority of them are won by remanding the case back for the RO because he failed to explain why exactly that evidence he choose was what he liked and why the other evidence he didn't. Sometimes just submitting new evidence isn't as good as submitting evidence that account for the bad info and directly counters it.

If your appeal is successful they will backdate it to the date of discharge and then a correction board should have no problem changing things. That doesn't help a great deal in the meantime though.

https://www.hrc.army.mil/TAGD/US%20Army%20Physical%20Disability%20Agency for USAPDA contact info. I'm not sure that will be a successful route, but not sure I see a downside to trying.
 
Thanks for that; very insightful. Does the USAPDA have any influence over the final rating? Counsel says there's a way to make sure they take a hard look but they have no influence over VA ratings.
 
USAPDA cannot direct the VA to rate something differently. They will provide a reasons and basis for their decision, which may be evidence the VA may find hard to refute. I'm not convinced the USAPDA can give your military disability something besides what the VA rated it, but I'm not convinced they can't either. There are certain situations where they definitely can, and ultimately they are exercising secretary level authority, so unless there is a law preventing it, its hard to say they can't, but the DoDI definitely seems to say they shouldn't.
 
scoutCC said:
USAPDA cannot direct the VA to rate something differently. They will provide a reasons and basis for their decision, which may be evidence the VA may find hard to refute. I'm not convinced the USAPDA can give your military disability something besides what the VA rated it, but I'm not convinced they can't either. There are certain situations where they definitely can, and ultimately they are exercising secretary level authority, so unless there is a law preventing it, its hard to say they can't, but the DoDI definitely seems to say they shouldn't.
Click to expand...

The VARR came back as "Although the new medical evidence shows more than 10 "attacks" (either cataplexy or sleep attacks) the sleep attacks do not meet the full criteria of a minor seizure. We concede these attacks consists of a brief interruption in consciousness, however, there is no associated staring or rhythmic blinking of the eyes or nodding of the head ("pure" petit mal), or sudden jerking movements of the arms, trunk, or head (myoclonic type) or sudden loss of postural control (akinetic type). As such, the prior 30 percent evaluation is confirmed and continued for persistent day-time hyper-somnolence."

I had submitted a sleep log noting time, date, sleep or cataplexy. I had submitted a sworn statement from a CPT stating that I had rhythmic blinking and nodding of the head in a meeting with COLs. I will submit letters from my parents and my brother and partners and friends attesting to the rhythmic blinking prior to my final ratings.

Is there any other evidence I can/should submit?
 
You must log in or register to reply here.
Top