One time VA reconsideration request

skrockij89

PEB Forum Veteran
Registered Member
#1
Hello, first time posting and wish I found this site sooner than later. My question is I’m requesting a one time VA reconsideration on my case. I submitted new documentation showing I warrant a higher rating than I originally received, along with a letter stating why I deserve that rating and the OAC did the rest. What’s the turnaround time to get something back from them? Has anyone had luck of the VA reconsiderating and giving you the higher rating? My new medical evidence shows justification but just worried it will get denied. Any info or advice would be greatly appreciated.

8 JUN 18- requested a one time VA reconsideration
 

sabot7

Registered Member
#2
If you can't get the VA to increase the percentage while you are on active duty, you can have them relook it when you are off of active duty. When you are off of active duty the VA will send you a package with your final award and the justification for the percentage rating. They will also include a form that you can use to appeal their rating. Also, my VA proposed rating while I was on active duty was 30%, when I got out the VA gave me 40%. Not sure if this happens all the time but was a big surprise to me.
 

skrockij89

PEB Forum Veteran
Registered Member
#3
Thanks for the reply. What I'm asking the VA to reconsider is what initiated my MEB to begin with. If the VA denies it but later approves my claim, would I be warrant medical retirement after I'm out of the service? What I submitted falls in line with VASRD guidelines to warrant medical retirement but just with different wordage but scared the VA would contest it. I guess with that said, I would have the resolution of reasonable doubt on my side.
 

gsfowler

Staff Member
PEB Forum Veteran
#4
Hello, first time posting and wish I found this site sooner than later. My question is I’m requesting a one time VA reconsideration on my case. I submitted new documentation showing I warrant a higher rating than I originally received, along with a letter stating why I deserve that rating and the OAC did the rest. What’s the turnaround time to get something back from them? Has anyone had luck of the VA reconsiderating and giving you the higher rating? My new medical evidence shows justification but just worried it will get denied. Any info or advice would be greatly appreciated.

8 JUN 18- requested a one time VA reconsideration

My VARR to exactly 30 days to come back from the VA to me via my PEBLO.

Although I was not initially successful (because the VA erroneously did not service connect my unfitting condition) it was actually fixed once my ratings were finalized.
 

skrockij89

PEB Forum Veteran
Registered Member
#5
What a headache gsfowler, I’m glad in the end it worked out for you. With all the mistakes the VA makes, I might face a similar problem as yours.
 

Warrior644

Staff Member
PEB Forum Lifetime Supporter
PEB Forum Veteran
Registered Member
#6
Hello, first time posting and wish I found this site sooner than later. My question is I’m requesting a one time VA reconsideration on my case. I submitted new documentation showing I warrant a higher rating than I originally received, along with a letter stating why I deserve that rating and the OAC did the rest. What’s the turnaround time to get something back from them? Has anyone had luck of the VA reconsiderating and giving you the higher rating? My new medical evidence shows justification but just worried it will get denied. Any info or advice would be greatly appreciated.

8 JUN 18- requested a one time VA reconsideration
Welcome to the PEB Forum! :)

Historically from an U.S. Army perspective, I received my partially approved VARR in 85 calendar days which resulted in an increased DoD disability rating for one of my two PEB referred "unfit for duty" medical conditions.

Indeed, that was 4.9 years ago and via a totally different DoVA D-RAS, so hopefully your D-RAS is completing their VARRs in a much more expedient manner. Take care!

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

Best Wishes!
 

chaplaincharlie

Staff Member
PEB Forum Lifetime Supporter
PEB Forum Veteran
Registered Member
#7
As you see, there are a variety of answers. I suspect it depends on the complexity of the contention. Some are no brainers, others require additional information.
 

Matt Kozyra

PEB Forum Veteran
Registered Member
#9
@skrockij89,

You had asked:
If the VA denies it but later approves my claim, would I be warrant medical retirement after I'm out of the service?
Unfortunately, the answer to that one is "no." When the current version of IDES (Integrated Disability Evaluation System) was established, it came with a one-time VA Reconsideration Request, which is what you're waiting on right now. This is your one and only chance to have the DoD change their proposed ratings based on a change in your VA ratings.

If you're denied here, and then successful with a Notice of Disagreement when you get out (the normal way to appeal a VA rating decision), it will increase the compensation you're entitled to from the VA, but will not change your DoD percentage. That means no change from severance to retirement.

Sorry!
 

skrockij89

PEB Forum Veteran
Registered Member
#10
So this is my only chance huh? Well I made sure to give it my best shot. The evidence provided shows and warrants a higher rating. Just hope my case doesn't get overlooked and they give me an inaccurate decision because of how swamped the VA is.
 

Matt Kozyra

PEB Forum Veteran
Registered Member
#11
Yep, this is almost your only chance. Now, I should mention that you're able to ask the Air Force's Board for the Correction of Military Records (BCMR) to fix it later on down the road, but your odds wouldn't be great..

The BCMR is empowered to correct "errors or injustice" in an Airman's service record, including granting them retirement after they've been separated with severance pay.

It would work like this:
You get denied on your VARR.
You get separated and take your severance check.
You file a Notice of Disagreement (or whatever the new form is called - the whole VA appeals system changes on 1 February 2019, and they're still developing forms).
You get a good result back from the VA this time.
You apply to BCMR, telling them that your previous results were either legally incorrect or unjust.

That is probably a very weak case in front of the BCMR. The Air Force did what it was supposed to do and followed whatever the VA said on your VARR, so there's no legal error there. As for "unjust," it's probably not unjust for you to go through the same system that every Airman goes through.

So, odds wouldn't be great at BCMR, but there's still a chance. Good thing you did it right the first time! Here's hoping!
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#16
Unfortunately, the answer to that one is "no." When the current version of IDES (Integrated Disability Evaluation System) was established, it came with a one-time VA Reconsideration Request, which is what you're waiting on right now. This is your one and only chance to have the DoD change their proposed ratings based on a change in your VA ratings.

If you're denied here, and then successful with a Notice of Disagreement when you get out (the normal way to appeal a VA rating decision), it will increase the compensation you're entitled to from the VA, but will not change your DoD percentage. That means no change from severance to retirement.

Sorry!
I am not sure I agree with this (see below).
The BCMR is empowered to correct "errors or injustice" in an Airman's service record, including granting them retirement after they've been separated with severance pay.

It would work like this:
You get denied on your VARR.
You get separated and take your severance check.
You file a Notice of Disagreement (or whatever the new form is called - the whole VA appeals system changes on 1 February 2019, and they're still developing forms).
You get a good result back from the VA this time.
You apply to BCMR, telling them that your previous results were either legally incorrect or unjust.
I do agree with this synopsis/overview of the process.

That is probably a very weak case in front of the BCMR. The Air Force did what it was supposed to do and followed whatever the VA said on your VARR, so there's no legal error there. As for "unjust," it's probably not unjust for you to go through the same system that every Airman goes through.
I don't agree that this is a weak case. The regulations specifically reference BCMR decisions that are favorable to members after processing through the IDES:

DoDM 1332.18 VII:

"3. SECRETARIES OF THE MILITARY DEPARTMENTS. The Secretaries of the Military Departments, for their respective Departments:
a. Establish procedures to:
...(17) Correct the records, upon application by former Service members who successfully appeal disability ratings received in the IDES to VA and the respective Military Department Board for Correction of Military Records (BCMR). This includes the records of Service members who are veterans temporarily retired through the IDES who appeal ratings that affect unfitting conditions for which the retiree was placed on TDRL."

Now, I don't suggest that this is a "slam dunk" or an easy win. But, on the other hand, it is not a "weak" case before the BCMR if the facts are supportive of a change in rating.

I agree with the "injustice" analysis. That is almost always a losing argument.

Also, post-BCMR/BCNR there are appeals to the courts, most likely to the US Court of Federal Claims.
 

skrockij89

PEB Forum Veteran
Registered Member
#18
Is there a number I could use to see where the status of my VARR is by chance? I've seen people post about a number in Providence they're able to call and see what's going on with their package.
 

Orange Sky

PEB Forum Veteran
Registered Member
#20
If they do indeed go through Providence, that would be nice. Those are some nice people there. I don't have any information, however, should it be Seattle. The phone number I found on here that others have mentioned for Providence was (401) 223-3700.
 
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