40% PDRL, 80% VA, Help - I think I got lowballed...

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FindingMyWay

PEB Forum Regular Member
I just received my ratings back and I was PDRL at 40 % for Migraines at 30%, Seizures at 10%, and 10% for a knee issue. I was informed that I could appeal for the issues in which I was being boarded for while still on active duty only, which are the issues that I mentioned. In the decisions letter provided from the VA, it states that I was given the 30% percent rating for migraines as "there are characteristic prostrating attacks occurring on an average of once a month over the last several months." and I have had weekly headaches that are prostrating in nature and when they occur, they last for hours. In the very next line it states that a "higher evaluation of 50% is not warranted unless there are very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability". When I read this, I was quite confused, as this fit the exact picture of me. How can the VA state that they know that I have weekly migraines and that last for hours but in the same breathe state that it not economically disabling? How do I prove this, with letters from my commander, supervisors, and family?

In addition, I was given 10% for my seizures, when I am having seizures weekly? I have a note from the doctor that wasn't considered that states that I am having weekly seizures, but it doesn't state how many. I have had seizures at that job, but when I have seizure I have multiple seizures back to back and its not the full picture. Most of my seizures are at home, where my family are witnesses... Are letters from family members held credible in appeals? I hope that you understood all of this my daughter helps me write a lot of my posts. TY!
 
First, I would like to congratulate you on obtaing a rating, however, sorry to hear that an accurate reflection was not represent. I am unable to answer your question but have read many MEB/PEB forums and read that many times they lowball ratings on the first go around. I'm confused on how you got 80% from va... Did you have more conditions that were rated? Finally, maybe you can answer questions for me. The VA has just completed my rating on the 7th and they said they will mail the results. Did they mail the results to you or to your PEBLO? Were you able to obtain your results on ebenefits? I can't seem to get answers...thanks for your help.
 
FindingMyWay said:
I just received my ratings back and I was PDRL at 40 % for Migraines at 30%, Seizures at 10%, and 10% for a knee issue. I was informed that I could appeal for the issues in which I was being boarded for while still on active duty only, which are the issues that I mentioned. In the decisions letter provided from the VA, it states that I was given the 30% percent rating for migraines as "there are characteristic prostrating attacks occurring on an average of once a month over the last several months." and I have had weekly headaches that are prostrating in nature and when they occur, they last for hours. In the very next line it states that a "higher evaluation of 50% is not warranted unless there are very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability". When I read this, I was quite confused, as this fit the exact picture of me. How can the VA state that they know that I have weekly migraines and that last for hours but in the same breathe state that it not economically disabling? How do I prove this, with letters from my commander, supervisors, and family?

In addition, I was given 10% for my seizures, when I am having seizures weekly? I have a note from the doctor that wasn't considered that states that I am having weekly seizures, but it doesn't state how many. I have had seizures at that job, but when I have seizure I have multiple seizures back to back and its not the full picture. Most of my seizures are at home, where my family are witnesses... Are letters from family members held credible in appeals? I hope that you understood all of this my daughter helps me write a lot of my posts. TY!
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I do understand the part about the VA and the migraines, I have the same issue. I have them daily lasting several hours. All I can tell you is that "my attorney" at the formal board said to never request a re board on the VA side if the rating is over 70% The rating can actually decrease. If you fight the VA after getting out the % can only increase. I have not seen anyone fight a PDRL. You need Jason's advise. My family wrote letter but have not received the results back to tell you if it helps.
 
USAF said:
First, I would like to congratulate you on obtaing a rating, however, sorry to hear that an accurate reflection was not represent. I am unable to answer your question but have read many MEB/PEB forums and read that many times they lowball ratings on the first go around. I'm confused on how you got 80% from va... Did you have more conditions that were rated? Finally, maybe you can answer questions for me. The VA has just completed my rating on the 7th and they said they will mail the results. Did they mail the results to you or to your PEBLO? Were you able to obtain your results on ebenefits? I can't seem to get answers...thanks for your help.
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In my case the PEBLO got the results but told me that the Navy side of the results are not final. It still goes thru the QA process back to the Navy then the final results come to PEBLO. I made the mistake of taking it as a final answer. My navy side said 30% but after the Navy it was reduced to 10%. The PEBLO will get them in email with the weekly updates. Just be careful.
 
Yes, I had other conditions in which were rated by the VA that the Army found me fit. If you are going through the IDES/being Medically Chapter'd it will go back to the PEB and through to your PEBLO... and can some of the trackings through ebenefits, it will state "Awaiting Final Decision" or something like that. Good Luck! You can only appeal the conditions for which you were found unfit.
 
40 & 80 dod and va. that's a good difference. but what do you have to gain? is your dod pay at 75% going to be higher than the 80% or possibly more from the VA's pay scale? you got the retirement, i personally would not stress yourself even more as you seem you are having a hard time as it is trying to find comfort and relief. take care and i never said stop fighting i simply said wars cannot be won without a battle and somewhere between that there's a struggle.

godspeed
 
I believe that my VA scale will go up to a 90% and I am praying for a miracle of a 100% after the reconsideration. 90% is more income which is definitely which I would need in order to stay afloat as these seizures and migraines are constant. In addition, I need to have something in writing to prove that I did everything to apply for SSD and IU correct?
 
Sounds like you will have at least one condition rated at 40% or more. Look into Individual Unemployability (IU).
IU benefits are available only to those veterans who are rated at least 60% for a single disability or have a combined rating of 70% with at least one disability being at least 40%. You end up being compensated at the 100% level. The IU application can be found on the VA website. Also, don't wait to file for Social Security, do it now while still active duty. Your file will move faster and it can take months to years so don't delay. It can be done online through the SS website. VA is not bound by SSA decision. SSA is not bound by VA decision. However, they can help each other and be used.
 
Thank you sooo much! I am applying for both. I just re-looked into my medical notes and found a where the neurologist wrote where I was having "weekly seizures at 8 to 10 episodes". She only wrote it once.. and it was left out of the original decision.. I wonder if it will help me in both cases.
 
Look at the VASRD before your appointments. It explains the criteria they look for and allows you to work with the Doc to make sure the wording is correct in your records.
 
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