Ok, I just received a copy of her paper work. From VA she received a rating for; Irritable bowel syndrome, Migraine headaches, depressed mood, claimed as insomnia, anxiety, depression and fatigued, which under the Med Board process should fall within the realms of Fibromyalgia, which are not listed on her med board finding. To me, this is grounds for an appeal, am I wrong?
From my experiences while in the DoD IDES process via an U.S. Army perspective with attendance at several Formal PEB (FPEB) hearings, it may seem to eventually be in your daughter's best interest to initially consider demanding a FPEB hearing in order to potentially obtain an "unfit for duty" determination on
each medical impairment (e.g., "Irritable bowel syndrome, Migraine headaches, depressed mood, claimed as insomnia, anxiety, depression and fatigued") since they already received an
individual DoVA rating at this point in time; is this a valid assumption?
In my opinion, via the aforementioned potential avenue of approach, your daughter may have a better opportunity to immediately achieve the DoD - Navy 30% rating or high evaluation for a military disability retirement if their exist medical evidence and/or medical documentation in support thereof.
To that extent, if unsuccessful at the FPEB hearing or you just don't want to be bothered with a FPEB hearing at this point, then request submittal of an one-time VA Rating Reconsideration (VARR) for the unfitting medical condition of "Fibromyalgia" as previously mentioned by
@gsfowler.
As such, the VARR will only reconsider the DoD rating(s) via the DoVA D-RAS for medical conditions that the military considers "unfit for duty" while still in the DoD IDES MEB/PEB process; hence the importance of the FPEB hearing initially (if any
newly added "unfit for duty" medical condition(s) require a VA re-evaluation for a potentially higher DoVA rating) prior to the one-time VARR submission if applicable.
With that all said, I would
strongly suggest to please have your daughter consult with the Navy's IDES legal office for their immediate recommendation(s) to her own specific DoD IDES case file. Take care and I hope for favorable results!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!