Can you appeal an VARR?
- Thread starter Joe Shmoe
- Start date
Simple answer, no. The normal course of action would be to file for a raitng increase shortly after leaving active duty and then, depending on your branch of service, petition the BCMR or BCNR to seek a retroactive increase in your DoD disability rating. That being said, there have been three times in the past 17 years of representing members in IDES cases when I have successfully had VARRs reopened. However, in each of those cases, it was clear from the listing of the evidence in the VARR decision that the DRO had not received one or more of the exhibits that we had used in support of the VARR. And even though these omissions clearly constituted material errors, it took considerable effort to have the VA Rating Activity reopen the VARR. When they did, we won 2 out of 3 cases. So, it really depends upon the significance of the material error. The short version- you can try, but I would not count on being able to reopen a VARR decision.
Thank you. The VA DRO issued a VARR decision on a chronic condition I never contested, instead of another condition I specifically asked them to look at and repeatedly identified as the subject of my reconsideration request. I think the VARR should review wat you asked for.
I agree, and what you are describing seems very strange, as VA DROs focus on the issue for which you are seeking reconsideration. If you would care to message me offline, I would like to learn more about what happened in your case.