Good morning, everyone. I just received my Final permanent VA rating of 90% and DoD 80%. I am disagree with my current rating. should I hire a VA disability attorney or should I just apply for a representative for a higher rating? I live in Nashville tn area.
90% VA disability rating
- Thread starter sgttoyrd001
- Start date
sgtoyrd001 Congrats, because you are among those of us, of which the military saw fit to medically retire. However, I am at an impass, as I understand you are in a disagreement with your current rating, but the details of this disagreement, or reasoning is missing. So, on that note, it is difficult to know how to answer the second part of this quote.
With the above said, I would stake a bet that many of us have been able to successfully navigate through the VA without hiring an attorney. So, IMHO, with a bit of research on your part, you should be able to do the same, without having to give up 20% of your back pay to some schmuck, who, in reality did nothing more than a bit of word-smithing, and research before filing your paperwork to the VA.
I was rushed out. never got a chance.
and my PEBLO kind of warned me with a little of threatening that if I fight for my rating before I get out my rating will decrease even more.
I am sorry to hear that your were treated this way. However, you are now among many Veterans and SMs that have already been through this process, or are currently undergoing the process. So, there is a fairly large knowledge base, and great potential for you to receive some additional perspectives. So, make use of all the tools you have at your disposal.
Not knowing which service you are in, but I find it hard to understand how you were rushed out. Every step through the MEB has a timeline to keep but there are appeals that can be processed as well. Did you accept the informal board's offer, the formal board's offer or your service's Secretary's offer?
i was threaten by my PEOBLO that if i do anything other than put my signature on my packet my rating will be lower at that point i told my PEBLO that i did not agree with my VA rating but he told me there is nothing i can do to my VA rating until my separation from the military is complete. i was on so much medication at that point didnt know what i was doing so i believed him and signed my packet. and i also did not have anybody else provide any more helpful info since MEB is case by case. just because i had the same issue with the guy next to me that is also doing MEB. dosent mean i will get the same result as that person. But it is what it is. right now i am just trying to find a good attorney so i can start my appeal.
Your DoD rating was 80%, which represents the most you can get from the PEB. Likely you did not want to file a VARR to argue ratings associated with those conditions. Even if you did, you probably didn't want to delay separation or risk lowering your rating to do so. While your PEBLO was probably correct, I don't think there is an excuse for not letting you review everything with a lawyer first.
Your scenario is probably best dealt with after separation with the VA. Your fitting conditions, those not part of the DoD %, can't be argued about until after separation. The VA rating isn't official until after ETS, it takes about 2 months. You can submit evidence to them now to justify a rating change, the easiest way is through ebenefits. After the official ratings are decided the VA will send an official letter than should provide slightly more information about how they came to their rating %s. At that point you can file a NOD with the VA and begin the appeal process.
You are not required to have an attorney, but it may the best route. I personally recommend seeing a VSO first, as they will be free of charge. They don't have the same level of knowledge or the same requirements to look out for your interests, but they tend to get decent results in many cases.
Your scenario is probably best dealt with after separation with the VA. Your fitting conditions, those not part of the DoD %, can't be argued about until after separation. The VA rating isn't official until after ETS, it takes about 2 months. You can submit evidence to them now to justify a rating change, the easiest way is through ebenefits. After the official ratings are decided the VA will send an official letter than should provide slightly more information about how they came to their rating %s. At that point you can file a NOD with the VA and begin the appeal process.
You are not required to have an attorney, but it may the best route. I personally recommend seeing a VSO first, as they will be free of charge. They don't have the same level of knowledge or the same requirements to look out for your interests, but they tend to get decent results in many cases.