VARR Rejected, what are my options?

jkmcmrn

PEB Forum Regular Member
Registered Member
I was initially rated 70% for my referring condition. The proposed rating stated:


We have assigned a 70 percent evaluation for your major depressive disorder based on:
...

A higher evaluation of 100 percent is not warranted for a mental disorder unless the evidence shows total occupational and social impairment, due to such symptoms as:
• Gross impairment in thought processes or communication
• Persistent delusions or hallucinations
• Grossly inappropriate behavior
• Persistent danger of hurting self or others
• Intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene)
• Disorientation to time or place
• Memory loss for names of close relatives, own occupation, or own name.

I submitted a VARR for an increase on the grounds of "Persistent danger of hurting self", "Intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene)", and "Grossly inappropriate behavior". I was told today by my PEBLO that the VARR was rejected without an increase but I was not given an decision letter or told how my evidence was considered by the raters.

Evidence:

I've been hospitalized for MDD twice, the first time was voluntary (suicidal ideation) and the second time was involuntary, I was committed to the act and mentioned it online which tipped OSI off who then told my command to have me admitted. The second time I was in the hospital I was then transferred out of state afterwards to a second hospital on a more long-term basis. Both the initial hospital (that I'd been to twice) and the second hospital state explicitly in their report's that I was a persistent danger to myself and they were positively worried that I would harm myself if given the opportunity, and the second hospital stated that “The patient frankly revealed that he had decided to kill himself. He was therefore, not interested in further treatment or help. The patient expressed determination to kill himself upon discharge and was therefore, considered a candidate for Lithium, since he was not responding adequately to other therapies.”

I submitted the logs from on-base showing that I was involuntarily admitted by OSI and my command, and the record from both the hospitals I was in that state explicitly that I was a persistent danger to myself.

Regarding "Intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene)", this perfectly describes my situation, I've had difficulty showering regularly or even bushing my teeth daily. I provided my dental records from on base showing that every time I've gone in for my annual inspection they've found cavities on several of my teeth, which has required me to undergo dental surgery to fiix them multiple times. Just this past month before I submitted the VARR I had new cavities discovered. I do not mean to brag by saying that I do not brush my teeth, but I just don't understand how you can argue that I do not have exactly the symptom being described here.

On the subject of "grossly inappropriate behavior", each psychiatric hospital I've been in has documented in my medical record that I have serious social issues, it is explicitly logged in each record that I d not have any friends or family and do not maintain contact with a single individual in any meaningful capacity. The first hospital I was in diagnosed me as having sociopathic personality disorder and then changed it to borderline personality disorder. Then the second hospital I was in diagnosed me with schizoid personality disorder.

My expectations with the VARR were minimal and I fully expected them to reject it, but even when they did I am still surprised. I just don't understand how you can look at the evidence I submitted and conclude that I don't have precisely those symptoms. And they don't even give me a decision letter or statement explaining why my VARR was rejected or why the evidence I submitted didn't matter.

My PEBLO is now requesting I fill and return a pre-separation worksheet that lists what address I can be reached at after I separate. I do not have an address to be reached at, I'm about to become homeless. I don't understand what part of "I do not have family contacts" people don't understand or refuse to understand.
 
I just feel mocked, why even tell me in the original decision letter "a higher rating is warranted if you meet these conditions" and I absolutely meet those conditions, but then when I provide evidence that I do I'm just told "no" without any further elaboration
 
You will receive a decision letter regarding the VARR from the DVA- the PEBLO was undoubtedly just giving you a heads-up as to the results. There should also be an updated PEB decision reflecting "no change."
 
You will receive a decision letter regarding the VARR from the DVA- the PEBLO was undoubtedly just giving you a heads-up as to the results. There should also be an updated PEB decision reflecting "no change."
I received my updated decision letter. All that changed was that under evidence they added "Your Written Statement, dated February 25, 2025" and "Service treatment record dated February 1, 2024, received March 7, 2025". My written statement is what I submitted along with my VARR to explain the additional evidence. The additional evidence I submitted was my dental records, 2 records of treatment in one mental hospital and the record of treatment in the second hospital, and the record from when my command admitted me into the hospital on base. Seemingly of all these documents that I submitted the only ones actually attached to my case were my written statement and the record from the hospital on base. I don't know why they just decided not to include my dental record and the records from the 2 mental hospitals I was put in.

Also they state "The evidence improvement on your current treatment regimen since your February 2024 hospitalization." This is such bullshit. I haven't improved at all. All they're saying is "you haven't killed yourself yet so you must be fine, if you weren't fine then you'd have already killed yourself"
 
I told my PEBLO that I don't have an address to submit to them and they replied to me doubting thats true and insist I must have a friend or family member that can take my mail. I don't know why everyone wants to dictate to me that I'm better than I actually am when its firmly established in my medical record that I don't have those things
 
Even if you can hand wave away multiple psychiatric professionals saying that I am a persistent danger of harming myself with "yea well he hasn't killed himself yet", I had 6 cavities filled in the past year and this January at my annual inspection they found 5 more. My two upper front teeth have visible rotting in them and the dentist told me to seek treatment for them after I get out, and yet somehow they decided I didn't fulfill "Intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene)"
 
how do they just decide that they're going to simply ignore a whole list of evidence? They didn't even deny that my evidence was enough proof, they just decided it wouldn't be added to my case


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By the way, what was the point of legal being involved with the VARR process? All they did was make me gather my own evidence and then give it to them to submit so that it could be rejected and then me to never hear from them again. Surely I can submit evidence to be rejected without the middle man
 
I reached out to legal asking if the would know why the evidence I submitted did not get included into my case and just today I finally heard back from them and they told me that they used their own judgment and decided that my case was better off without that evidence and so they did not submit it. Just so that anyone who comes across this thread is tracking, I was in two separate mental health facilities for over a month each and the actual information about my mental health that they compiled was not filled alongside my case even though I had been medboarded for MDD. And when I independently requested my medical records from those hospitals and delivered the records to my legal representative afforded to me by the Air Force for the purpose of my MEB, they decided that rather than submitting my medical records for the VARR as I requested they'd just decide of their own judgement to withhold them and not inform me of this until after the fact.
 
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