DoD appeals

[Thermopylae]

Hello,

DoD: 20% (Bilateral hip injuries) VA: 30%

I just received my VA Ratings Letter and DA Form 199. If I were to make an appeal to the FPEB, I’d only be allowed to appeal the disabilities rated unfit by the DoD, correct? If I wanted to increase a VA disability rating, do I need to wait til I’m out of the military even though during the Medboard and IPEB process new evidence supports my Adjustment Disorder with Anxiety (30%) can be upgraded to 50%?

Thank you for your help.

 

[Provis]

Hello,

DoD: 20% (Bilateral hip injuries) VA: 30%

I just received my VA Ratings Letter and DA Form 199. If I were to make an appeal to the FPEB, I’d only be allowed to appeal the disabilities rated unfit by the DoD, correct? If I wanted to increase a VA disability rating, do I need to wait til I’m out of the military even though during the Medboard and IPEB process new evidence supports my Adjustment Disorder with Anxiety (30%) can be upgraded to 50%?

Thank you for your help.

So you can increase your percentages via a one time VARR which is basically asking the VA to look at your rating again. This can only be done for unfitting conditions. This can be done at the same time as the appeal for a FPEB. Another option to increase your DOD% is to appeal to the FPEB that another condition is unfitting. The magic number is 30% for DOD to get a medical retirement that will provide you with Tricare insurance for life.

 

[chaplaincharlie]

DoD MUST use the rating the VA sets. So

1. You do a VARR, as @Provis stated above.
2. Or you argue to the FPEB that another condition should have been found unfitting.
3. Or both

 

[Thermopylae]

So you can increase your percentages via a one time VARR which is basically asking the VA to look at your rating again. This can only be done for unfitting conditions. This can be done at the same time as the appeal for a FPEB. Another option to increase your DOD% is to appeal to the FPEB that another condition is unfitting. The magic number is 30% for DOD to get a medical retirement that will provide you with Tricare insurance for life.

If the current mental disability rating goes from 30% to 50% or 70%, would I be subject to periodic examinations after the military? Adjustment Disorder with Anxiety to Depression.

Thank you.

 

[Provis]

If the current mental disability rating goes from 30% to 50% or 70%, would I be subject to periodic examinations after the military? Adjustment Disorder with Anxiety to Depression.

Thank you.

The increase or decrease doesn't affect that part of it. If your TDRL then you're going to have those exams until your condition is stable. If PDRL which is less likely for mental health conditions, then it won't change. They do have to make your rating permanent within 3 years so hopefully 6 months to 12 months after being put on TDRL for that condition they will consider a stable and change it to PDRL. During that time you don't want to make a lot of changes including medicines because you want to show that it's stable so you can get it changed to permanent soon as possible.

 

[JAMP7380]

Question, what’s the VARR process once it’s submitted? My VARR shows “CLOSED” as of today but the PEBLO or attorney has no insight. Does it go back to the PEB?

 

[Provis]

Question, what’s the VARR process once it’s submitted? My VARR shows “CLOSED” as of today but the PEBLO or attorney has no insight. Does it go back to the PEB?

Yep the VARR goes back to the PEB and then they update the DA199 and send it back to you to sign. (assuming your are Army. Not sure of the form name for other branches).