Appealing VA Ratings Found "Fit" by DoD

[anspe91]

So I've been doing some reading, and so I understand that I'm allowed to file reviews/appeals for the Unfitting Ratings after I get the DA 199 back. This scenario is for a non MEB referral condition.

What I'm trying to figure out is this: If I have something that's found "Fit," but the VA gave me a 0% rating (that I feel is worth 10% for instance), do I request the FPEB process to reconsider the "Fit/Unfit" determination for that particular condition?
That would then allow me to appeal the VA Rating for that condition?

If that is the case, then has anyone here experienced how long that timeline might be?

 

[Naughim]

If you are not satisfied with the ratings that VA gave you on the conditions that was found FIT by the PEB and MEB, then you will have to file NOD with the VA after you get out. You will have 1 year from the date you receive your final ratings from the VA and it will come after your last day in service.
But if you feel that the condition that was found FIT should be UNFIT then you should file appeal with the PEB that it should be considered UNFIT. If the PEB does change that condition to UNFIT then you can file a one time VAAR with the VA to consider the increase in ratings. And that will be done before you sign your final ratings.

 

[Warrior644]

So I've been doing some reading, and so I understand that I'm allowed to file reviews/appeals for the Unfitting Ratings after I get the DA 199 back. This scenario is for a non MEB referral condition.

What I'm trying to figure out is this: If I have something that's found "Fit," but the VA gave me a 0% rating (that I feel is worth 10% for instance), do I request the FPEB process to reconsider the "Fit/Unfit" determination for that particular condition?
That would then allow me to appeal the VA Rating for that condition?

If that is the case, then has anyone here experienced how long that timeline might be?

Welcome to the PEB Forum!

While in the DoD IDES PEB phase, you can request a Formal PEB (FPEB) hearing for any medical condition affecting your ability to "reasonably perform duties of his or her office, grade, rank or rating."

As such, if the FPEB determines that the medical condition is "unfit for duty" and the DoVA D-RAS has already awarded a VA disability proposed rating, then the PEB shall adopt that VA rating as a new PEB-referred unfitting condition.

Moreover, if the medical condition doesn't have an associated DoVA proposed rating, then the PEB will forward your IDES case file to the DoVA D-RAS and request an evaluation for a VA proposed rating.

To that extent, if the medical condition was previously awarded a DoVA proposed rating as a VA claimed contention/condition and it has been determined to be an "unfit for duty" condition by the FPEB but you don't agree with such VA disability rating then a VARR submittal should be requested at that point in time. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

 

[anspe91]

Thanks for the information, is there anyone here that's dealt with the VA out in the Tucson area then? I'm likely to deal with the infamous Phoenix VA Hospital if there isn't anything in Tucson itself I imagine.

 

[Warrior644]

Thanks for the information, is there anyone here that's dealt with the VA out in the Tucson area then? I'm likely to deal with the infamous Phoenix VA Hospital if there isn't anything in Tucson itself I imagine.

Indeed, you are welcome!

Nonetheless, if so, at least the opportunities to receive better medical healthcare treatment is highly positive since the Phoenix VA Health Care System probably doesn't want any "negative" national attention again; in my opinion! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

 

[anspe91]

Indeed, you are welcome!

Nonetheless, if so, at least the opportunities to receive better medical healthcare treatment is highly positive since the Phoenix VA Health Care System probably doesn't want any "negative" national attention again; in my opinion! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

They have a chance but the VA also reinstated those two Minnesota based executives. Since the whole Department is unionized from the top down, I'm not holding my breath. A unionized department made to serve former service members who are by law prevented from becoming unionized, irony.

 

[Warrior644]

They have a chance but the VA also reinstated those two Minnesota based executives. Since the whole Department is unionized from the top down, I'm not holding my breath. A unionized department made to serve former service members who are by law prevented from becoming unionized, irony.

Indeed, from the negative experiences with a VAMC Outpatient Clinic while in the DoD IDES process, that doesn't surprise me at all; wow, there goes the neighborhood again!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!