Contesting your Rating

TheNemos

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Not sure if this is the right thread.

General question if your unfitting condition comes back at 10% that you do not agree with, can you contest it without having new evidence to try to get a higher rating? A friend just received this outcome but I think she deserves more considering she can't run on her ankle or do much of anything.
 

Ben M

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I am wondering the same thing....I will most likely receive a 10% rating because the doctor "helped" me do the Range of motion....I am at a loss to figure out what to do.
 

JMAC8026

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Ben did you request an ipr or appeal your meb?
 

Jason Perry

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Not sure if this is the right thread.

General question if your unfitting condition comes back at 10% that you do not agree with, can you contest it without having new evidence to try to get a higher rating? A friend just received this outcome but I think she deserves more considering she can't run on her ankle or do much of anything.
Yes.

Assuming this is an IDES case, the rating issue would be appealed to the VA with a "one time" (meaning once during the IDES process, later appeals can be had post separation) rating reconsideration request.

This is what the DTM 11-015 states:

"3. Within 15 days of receipt from the PEB of a Service member’s written request for a one-time reconsideration of a proposed disability evaluation assigned for unfitting conditions by VA, the VA decision review officer will consider any new documentation or information from the Service member and provide the PEB updated proposed ratings, if any. The VA decision review officer will only reconsider ratings if new medical evidence is received or the Service member is able to provide sufficient justification, such as error, to warrant the reconsideration. The D-RAS will determine if the request for D-RAS reconsideration is based upon appropriate grounds. This is a one-time “request for reconsideration” of the rating(s) from the D-RAS. Subsequent appeals of ratings to VA must occur when the Service member has separated, attained veteran status, and has been formally notified of the rating decision."

So, this makes clear that new evidence OR argument is sufficient for a rating change.
 

Ben M

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JMAC, Thanks for the reply, I am in the IDES process and recently received the VA ratings (part of that whole VA does the exam and PEB uses those results). The VA rating is 10%, I am working to get in contact (most likely tomorrow) with a VS Rep to get the VA rating fixed, and request a re-evaluation from a different VA doctor. But I fear the PEB will rubber stamp my current VA rating and attempt to separate me with severance. If they rubber stamp the PEB rating based on the VA rating, I will most certainly be appealing it.

I didnt mean to high jack TheNemos' thread while his question is still unresolved.
 

TheNemos

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No worries it sounds like your in the same boat if someones answer can kill two answers with one response I'm game :)

So would it be in her best interest to get an attorney and contest the rating? Thats what I was thinking but not sure.
 

SPC Leggett

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Not sure if this is the right thread.

General question if your unfitting condition comes back at 10% that you do not agree with, can you contest it without having new evidence to try to get a higher rating? A friend just received this outcome but I think she deserves more considering she can't run on her ankle or do much of anything.
If you appeal they will probably redo the exam but the ratings is most likely based off range of motion and/or pain that comes with it, but unless there's loss of use of the ankle it's more than likely less than 30%
 

Tomcat.USN

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Not sure if this is the right thread.

General question if your unfitting condition comes back at 10% that you do not agree with, can you contest it without having new evidence to try to get a higher rating? A friend just received this outcome but I think she deserves more considering she can't run on her ankle or do much of anything.
Keep in mind that amputations from the knee down are 40% for an individual leg. When you think about that it kind of puts it into perspective a little bit easier, on why they rated it how they did.
 

TheNemos

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I'm not discounting the rating system for it but with a prosthetic leg you can still run and lead an active lifestyle. I feel an amputation you should get far more than 40% as its not just physically taxing, its emotional to learn to live with that portion of you missing let alone a new life more accustomed to your loss.
 

Tomcat.USN

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I'm not discounting the rating system for it but with a prosthetic leg you can still run and lead an active lifestyle. I feel an amputation you should get far more than 40% as its not just physically taxing, its emotional to learn to live with that portion of you missing let alone a new life more accustomed to your loss.
It's very hard to get a rating for an ankle to be in a high percentage, just because someone without one gets cut off at 40%. (not impossiable though) I totally agree it should be higher. Another thing to condsider is someone with an amputation def gets PTSD dissability too. Thats just the rating for that 1 condition and its set in stone. With the PTSD added in they probably end up looking at 70-80%. (Thats not including all the other conditions they could have) I feel the same way about the system. It sucks having to look at it from that view but thats how it goes. For instance I had an eye surgery that blinded me in my left eye. The highest rating they give for losing an eye is 30%. You would think it would be more, but keep in mind later down the road if things persist and get worse you can always keep trying as often as you like to open the claim back up and apply for a higher rating.
 

SPC Leggett

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It's very hard to get a rating for an ankle to be in a high percentage, just because someone without one gets cut off at 40%. (not impossiable though) I totally agree it should be higher. Another thing to condsider is someone with an amputation def gets PTSD dissability too. Thats just the rating for that 1 condition and its set in stone. With the PTSD added in they probably end up looking at 70-80%. (Thats not including all the other conditions they could have) I feel the same way about the system. It sucks having to look at it from that view but thats how it goes. For instance I had an eye surgery that blinded me in my left eye. The highest rating they give for losing an eye is 30%. You would think it would be more, but keep in mind later down the road if things persist and get worse you can always keep trying as often as you like to open the claim back up and apply for a higher rating.
Just because you have an amputation doesn't mean you'll get PTSD and even if you did with the VA Math it wouldn't add up to 80%...but the good thing about the IDES system is that you can fight for a higher rating now and now wait long compared to fighting for a higher rating after you get out and wait years like most vets...and yea I think it should be higher than 40% but 40% is pretty good for one condition because amputation doesn't keep you out the work place specially with a prosthetic
 

pwnnator

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When I submitted my request for a one time reconsideration of ratings, I did not get re-evaluated. You basically find your evidence (new or otherwise) and write argumentative points as to why you should be rated differently. You have to show an error in the rating especially without new evidence for them to look over. I have yet to receive my ratings reconsideration back, but an IRIS inquiry informed me that it was sent back to the PEB in November.
 

SGT Bob

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I would encourage her to seek out the advice of the MEB counsel that is available on most bases. She should have been given information on that in her initial briefing.
 

TheNemos

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Thanks everyone for their input. I spoke with my friend and she is done with the fight she said she is going to take her 10% and take the severance along with her 30% anxiety and 30% throat from the VA. My husband and I have his MEB we now are going to tend to so we get to look forward to all of this in the near future. I can't thank everyone on here for all of their advise and knowledge. Its sad to see what many of you have had to endure but makes me comforted we all have each other to help each other out.
 
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