Well I just got the call that my DA 199 is in!!! Thats the good news…. The bad news is that because my med board started before I was in the WTU I will have to submit a VARR because they are missing a few of my diagnoses.
Does anyone know if it is ok to do that through your PEBLO??? Or should I try to see the MEB lawyer?
From my experiences within the DoD IDES process, if the IPEB finds you "unfit for duty" then you may do the following via the election of options on the DA Form 199:
- Concur with the decision.
- Concur with the decision but request a one-time VA reconsideration request (VARR) of your VA disability ratings for the conditions determined unfitting.
- Nonconcur with the decision and submit a written rebuttal and/or demand a Formal PEB.
- Nonconcur with the PEB decision and also request a one-time VARR of your VA ratings for your unfitting conditions.
Albeit, please note that a military service member doesn't give up their legal rights to a Formal PEB by submitting a written rebuttal.
Moreover, in reference to the submittal of a VARR to the DoVA D-RAS for the conditions the PEB determined to be unfitting, the military service member has legal rights to an attorney "to represent me with my request for VA Reconsideration."
As such, the aforementioned quote is annotated on the DA Form 199, Section IX - Soldier's Election under the "Additional election for Soldiers determined unfit under the IDES upon the Soldier's review of the VA disability rating for the conditions determined to be unfitting" section.
With that all said, your PEBLO should inform you of your legal options during the explanations of PEB findings, and whether it's the SMEBC or SPEBC who shall actually assist with the generation of the applicable VARR request if you decide
not to demand a Formal PEB hearing.
Of course naturally, if the PEBLO doesn't provide the above information, please ensure to make that inquiry to the PEBLO
prior to the completion of Section IX on the DA Form 199.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!