PEB Forum Regular Member
PEB Forum Veteran
I would appeal use the services of NVLSP and get in contact with your PEBLO and MEB attorney as quickly as possible the PEB deadlines are very tight. If you haven't received a copy of the TDRL examiners exam I would get that ASAP as well to see that it actually does support the 70% rating.
Sometimes the C&P exam DBQ from the VA is conflicting and the rater just assigns the higher rating when it falls in between two. So look at question 4 on the exam Social and Occupational Impairment and then the symptoms they should correspond but many times they don't and one or the other agency will choose the lower of the two ratings. If you could post just those two answers I could make a more solid guess.
But I'm understanding that on a TDRL re-evaluation, his re-eval won't even make it to the VA. It just goes to the PEB, who uses their own DOD Rating Authorities to make their determination, and then it just comes back down to the PEBLO. The VA doesn't even see it.
However, one would think the DOD's RA's would still be bound to the VASRD in their determinations. It's becoming increasingly apparent that this may not be the case.
I'm just trying to figure out why and how this can be happening.
I'm hoping some of the older forum veterans can put some much needed knowledge into this.