| Hi everyone, I got the physical evaluation board(PEB) decision of unfit with the disability rating. But I do not agree with the disability rating (both DOD and VA) as it does not match my medical record and real-life circumstance, so I'm trying to do a VA rating reconsideration(VARR). But the VA attorney told me they don't have enough attorneys available to help me with VARR, and stated my best choice is to request a formal PEB so I would be assigned a formal PEB attorney, then tell the formal PEB attorney that I don't want a formal PEB I just need help for the VARR. So my question is if I have the material ready for VARR, including a Doctor's note and a lay/witness statement, can I just submit those, and if so, is an attorney needed to get prepare the materials? And any other information I might need. Some clarification: *I'm trying to do a VARR for my unfit condition and is already on my VA file. *I disagree with the rating(DOD and VA) because the justification is only based on one material(as far as I can tell) which does not reflect the doctor's summary(NARSUM), doctor's note, and my actual circumstance. *The justification states "At least two minor seizures in the last six months"(from the C&P exam) for 20% for narcolepsy with cataplexy. But according to NARSUM and my other medical record, states"falling asleep for 10-15 minute periods 2-3 times per day" which matches my actual circumstance. *I have already submitted the request for FPEB because I was running out of time. *statement I heard so far is that a VARR, while I'm still in the PEB process, will affect the DOD rating, is that correct? Thanks in advance |
Trying to do a VARR but the attorney suggested FPEB
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Wow that is terrible! Basically they are saying they don't have assigned counsel to help you file what you need to file so they want you to delay by requesting a FPEB to give them more time to assist with a VARR.
So... I would probably hire a private attorney OR go scorched earth. That wasn't the right answer. I would insist they help you with a VARR as they a required to do and it isn't your problem. I would request a congressional inquiry and I would go above their heads to the PEB and let them know what you were told. Now I am very much a person that will do these things on principle. However, practically you can cause a lot of pain for yourself trying to get them to do the right thing.
Regardless of what you do I would not submit a VARR yourself. You don't know what you don't know and shouldn't risk it by trying to do it yourself because they are understaffed and or incompetent.
Also, a FPEB can't do a damn thing for you except delay things. FPEB's are for things like adding unfitting conditions and challenging combat related designations on unfitting conditions. The VARR is actually processed by the VA and then whatever the VA decides is what the DOD will mirror. So they are basically 2 very different things!
By any chance do you know if the Regional Legal Service Office (the legal office on naval base norfolk) is able to help me?
Right now I don't have a clear direction other than waiting for the FPEB. I have tried to find a private attorney and currently waiting for their reply.
Should I physically go to the PEB office and try to work something out? Or is congressional inquiry my last choice?
Update, just got a call from the private attorney, according to him, he is able to pull the FPEB request and start VARR after reviewing all my documents.
Although now I have to pay for it, I guess that is the only way.