adding conditions VA recommends

MilitaryBlake

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199 received and proposed VA ratings. On the proposed VA ratings, there were several conditions found on C&P exams, which have no ratings because I did not claim them. They way Soldier Counsel interpreted this back to me was that they have ratings for me but I have to claim it in order to receive the rating. Counsel's recommendation was to claim the condition(s).

However, my MSC had a little different take. B/c my proposed ratings are 100%, he says leave good enough alone. According to him, he says you do not want a review of your case b/c they could also lower ratings.
I brought this to Counsel's attention and the response I got was:

True. VA can always lower ratings. However, we are not asking for a review of your case, not to mention they JUST came up with proposed ratings. We are only asking for the conditions they likely already rated, we just need to claim them. He says they will not go back through and re-rated everything.

Question for the group is What do folks think of the above? Listen to MSC or Counsel? Both have been very instrumental and helpful. Both, as far as I can tell, seem very knowledgeable. Counsel's opinion does seem to make more sense though. I get that if years down the road one can request a re-look over conditions...and that things can actually turn out worse for the Vet., but that is not what is being done here. Not at all.

Other question is how often, if ever, are the final VA ratings different from the proposed ratings? I sign 199 soon, and as far as I can tell once that it signed VA will begin to prepare my final ratings so they are ready for my final NLT date.
 

chaplaincharlie

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If you are not CRDP eligible, then I agree with the MSC. If you are CRDP eligible AND your DoD rating is less than 80% AND your unrated conditions are likely to be found unfitting THEN I agree with your attorney.

BL: Talk to your attorney and MSC again to discover their rationale.
 

MilitaryBlake

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Thxs for the response. I did get their rationale. Again, attorney's rationale is don't worry about it. The distinction he articulates is the same I listed above. Ratings can change if they are asked to be reviewed, typically years down the road from the initial ratings. Again, operative phrase here is asking to be reviewed and time duration from initial or proposed ratings. However, he believes neither applies here. I am not asking for ratings to be reviewed. In my proposed ratings the VA reviewers state like I said above, there were several conditions not claimed and if I want to claim them then I would need to submit supplemental forms. Additionally, I JUST went through whole process; just barely even signed my 199. Attorney says they are not going to re-look at everything when they just did it like a month ago.

BTW.... I am NOT CRDP eligible. DoD rating is only 20%. Unrated conditions are NOT going to find me unfit. They are not even being claimed as unfitting in my initial referral to MEB. Again, such were found in C&P Exams and were not, have not, at least at this point in the game, even been claimed. Also, remember, I am already well ovewr 100% on the VA side of the house.... P&T.
 

chaplaincharlie

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Since there is no hope of being unfit and your are not CRDP eligible then I agree with MSC.
 

chaplaincharlie

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Had one more thought. Will the additional conditions get you to 100% plus 50? Then SMC is at stake.
 

MilitaryBlake

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Hey Mike -

for your first response, about agreeing with MSC (b/c i am not CRDP eligible) can you explain why you agree with MSC? I mean, I already have 100% on the VA. I don't want to mess with that. Why would they review the whole case? I only want to add the conditions they themselves recommended on proposed ratings. As I am already 100%, there is no chance of them going up. Very confused here. Might as well pull them. I only submitted their additions because attorney said to.

For the other response - SMC - Special Monthly Comp...? I am not very familiar with this. I am not aware of SMC for 100% VA and 50% or above on DoD. I guess it does not matter much. As mentioned, the conditions being added are NOT added on MEB/Fitness of Duty, DoD side. Only added to VA case. They will not contribute in any way, as I understand it, to DoD ratings....

As I stand, I am only at 20% DoD. So no, this will not apply to me.
 
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