UPDATE: Talked to my MSC today and it's even weirder now. So, he read through all my conditions even though he couldn't send me the document, and everything was rated appropriately via the VA. This even more sounds like a clerical error. Somehow, between the VA and the PEBs findings, they changed the final document. I'm not entirely sure as to why, but this is even more making me lean towards signing the document as is since the VA is correct, I'm over 20 years, and this PEB findings stuff doesn't matter anymore. I'll keep this and my other thread updated.
Misrating by the VA based upon the DBQ
- Thread starter Rekmor
- Start date
I would just want to make sure I was 100% VA P&T. If you are there then in a lot of ways it doesn't matter.
It's 100% + SMC-S on the VA side, with none of that documentation on the PEB findings side. In fact, the 100% condition that got me to SMC-S was rated 0% in the PEB findings.
So it looks like an issue the the PEB side then. Since you still have 20 years you are fine but I would want the PEB rating to match the VA's rating. Sounds like it was referred as one thing by the PEB and the VA rated it a different thing and that is the hang up.
Does the proposed rating from the VA mention if you’re P&T? I’m 100% but didn’t see any mention of permanent.
The proposed ratings can state P&T. If yours does not that means there is 1 or more condition that the VA want to check out in the future. Usually its mental health.
Yeah that’s exactly what the VA evidence package stated. Weird because it was deemed stable for PDRL.
Weird update today from VTA: I'm going to transpose this word for word.
"A CUE was called on the Proposed Rating Decision. The correction increased the referred Meniere's syndrome to 100%. This also included eligibility for SMC for statutory housebound. This correction as approved by the assigned DRO and finalized on 1/31/2025."
My FPEB lawyer got the new changes sent over to the PEB for review and said I should expect updated paperwork shortly.
CUE is a "Clear and Unmistakable Error" with a DRO being Decision Review Officer
"A CUE was called on the Proposed Rating Decision. The correction increased the referred Meniere's syndrome to 100%. This also included eligibility for SMC for statutory housebound. This correction as approved by the assigned DRO and finalized on 1/31/2025."
My FPEB lawyer got the new changes sent over to the PEB for review and said I should expect updated paperwork shortly.
CUE is a "Clear and Unmistakable Error" with a DRO being Decision Review Officer
Jason Perry
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The most common way to see this is if the rating decision states that you are awarded Chapter 35 educational benefits for your dependents. The criteria for that is that you are P&T disabled.
Nice! Congrats man, glad you got it squared away.
Thank you! 2 years from injury to signing of findings.