VARR help

dposey717

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So I recently received my IPEB results and va rating. it was 90 va and 80 DoD. I received 0 percent for meniere's with 30 percent for secondary vestibular. I am asking for a VARR to rate my menieres at 100, and using buddy statements, medical records, and my vertigo journal as evidence. they refuse to accept staggered walking, running into walls and door frames as cerebellar gait. I found a citation from 2016 where the va board states that lay statements of staggering left and right is cerebellar gait. am I allowed to use other citations in my VARR if they show how something was rated by the board?
 

chaplaincharlie

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You should consult free legal counsel to help you write your VARR. I am not a lawyer, but I would certainly cite case law.
 

oddpedestrian

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You can only use citations from the Court of Appeals for Veteran Appeals, not the BVA. Nevertheless, 0 to 100 is a massive jump there must be a miscommunication from what you are stating and what the examiner recorded.

I would review your medical records is it reflected there about your self-reports? Does your journal match what your doctors write about your gait?

I really think it's dishonest for examiners to ask a self-report question only to check something completely different on the DBQ. I had this happen during my headache exam it ask how many episodes I had a week I responded and the examiner put down something different. I appealed and showed two years worth of medical notes where my providers clearly annotated how many attacks I had a week that coincided with my journal. The VA never conceded but the BVA did I agree that you need legal counsel to get through this.
 

chaplaincharlie

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I might add, citing case law requires a careful analysis to endure you are talking apples and apples. This is why I recommend legal counsel.
 

Guardguy11

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I will be the third to state that you are at a point where retaining a lawyer is your best course of action. Citing case law as evidence is a nuanced process and is taught during their schooling. The owner of this website is a PEB lawyer and can assist. The sooner the better as your clock is already ticking on having to response. www.peblawyer.com
 

dposey717

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Currently the OADC has taken the case and had me put together a packet for the VARR. I got buddy statements, and a new statement from my PCM explaining that i have been suffering from vertigo, hearing loss during an attack, and staggering gait once a week or more along with severe migraines. I have a ton of evidence, including my journal and doctors notes to back that i have been complaining of these issues for nearly a year. I am hoping that all of this adds up and works in my favor. The lawyer is putting my package in this week. I made sure that the citations i found were incredibly similar, such as one even starting the QTC evaluator checked all of the boxes and wrote down that i have these issues, but failed further along in the paperwork. I am crossing my fingers. The 0 to 100 jump is an insane one, but the VA ignoring all of the evidence I provided, along with doctors notes seems impossible as well, yet here i am! I appreciate all of the responses.
 
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