VARR Personal statement

[addastrus-of-aphrodia]

My IPEB came back with 10% DoD and 90% VA. I'm undergoing a VARR and I'm currently writing my personal statement and I can't seem to know where to start... My condition is Narcolepsy and more frequently than no,m it's always rated incorrectly because of how it's rated. It falls under 8911, petit mal (minimal seizures). I know where the problem stemmed from, the C&P examiner annotated the frequencies of my sleep attacks, but when the question of "Does the member experience minimal seizures?" she check [no]. Any help with the personal statement? my JAG sent me an example but I still don't know what to address or how to go about writing it..

Any input highly appreciated it.  

[Berta]

Can you scan and attach here the JAG's example? ( Cover any names etc prior to scanning it.)

"I know where the problem stemmed from, the C&P examiner annotated the frequencies of my sleep attacks, but when the question of "Does the member experience minimal seizures?" she check [no]."

Geez.....by "problem" do you mean the VA denied the claim or lowballed you on the rating?

What do you mean by this :

"My IPEB came back with 10% DoD and 90% VA"- do you have a 90% VA rating?

If so is that rating solely for the narcolepsy?

Many here have had lousy C & P exams, and many fight back right away.

Did a contractor such as VES, LHI, or QTC do this exam?

Do you have a copy of it and it so have you googled the examiner to see what qualifications they had regarding narcolepsy?

We had a male vet here with a leg problem- PAD or PN, forget what and he got a lousy C & P and learned the examiner was a Gynecologist- who would have no real knowledge of his specific disability.He got a new C & P exam.

 

 

[addastrus-of-aphrodia]

https://imgur.com/a/tfxuhWp Here's the example. 

-By problem I mean the VA lowballed my rating to 10%. 

"My IPEB came back with 10% DoD and 90% VA"

-The 10% is for the unfitting condition which is Narcolepsy

-So i'm looking a discharge with severance pay, if it's above 30% then it qualifies as retirement

-the 90% is for everything else I claimed. 

Did a contractor such as VES, LHI, or QTC do this exam?

-QTC did my exams 

Do you have a copy of it and it so have you googled the examiner to see what qualifications they had regarding narcolepsy?

-She is a FNP-C, Family nurse practitioner 

[Berta]

I suggest you read this recent BVA decision:

https://www.va.gov/vetapp19/files6/19150135.txt

In part it states:

 

“The criteria for a 40 percent disability rating from August 1, 2017, for neurocardiogenic syncope, claimed as possible psychomotor epilepsy have been met.  38 U.S.C. §§ 1155, 5107 (b) (2012); 38 C.F.R. §§ 3.102, 3.159, 4.1, 4.2, 4.3, 4.6, 4.7, 4.27, 4.121, 4.122, 4.124a, Diagnostic Codes 8199-8108 (2017).”

It also states this:

“The Veteran’s neurocardiogenic syncope, claimed as possible psychomotor epilepsy, has been currently evaluated as 20 percent disabling, effective June 11, 2009, under 38 C.F.R. § 4.124a, Diagnostic Codes 8199-8108, which is rated by analogy for narcolepsy.  Hyphenated diagnostic codes are used when a rating under one diagnostic code requires use of an additional diagnostic code to identify the basis for the evaluation assigned.  In this case, the hyphenated code indicates that the Veteran’s disability is an unlisted condition that has been rated by analogy as narcolepsy.  See 38 C.F.R. § 4.20.

 

Under Diagnostic Code 8100, narcolepsy is to be rated as epilepsy, petit mal under Diagnostic Code 8911, which states to rate under the general rating formula for minor seizures.  38 C.F.R. § 124a.  Under the General Rating Formula for Major and Minor Epileptic Seizures, both the frequency and type of seizures experienced are considered in determining the appropriate rating.  A major seizure is characterized by the generalized tonic-clonic convulsion with unconsciousness.  38 C.F.R. § 4.124a, Note 1.  A minor seizure consists of a brief interruption in consciousness or conscious control associated with staring or rhythmic blinking of the eyes or nodding of the head (“pure” petit mal), or sudden jerking movements of the arms, trunk, or head (myoclonic type) or sudden loss of postural control (akinetic type).  38 C.F.R. § 4.124a, Note 2.

 

To warrant a rating for epilepsy, the seizures must be witnessed or verified at some time by a physician.  As to the frequency of epileptiform attacks, competent, consistent lay testimony emphasizing convulsive and immediate post-convulsive characteristics may be accepted.  The frequency of seizures should be ascertained under the ordinary conditions of life while not hospitalized.  38 C.F.R. § 4.121.”

It appears to me that the nurse practitioner followed the DC 8100 criteria above for ‘minor seizures” but it appears the evidence you have should have warranted a higher rating under a different Diagnostic code.

The above BVA veteran was rated thus:

“The Veteran’s neurocardiogenic syncope, claimed as possible psychomotor epilepsy, has been currently evaluated as 20 percent disabling, effective June 11, 2009, under 38 C.F.R. § 4.124a, Diagnostic Codes 8199-8108, which is rated by analogy for narcolepsy.”

The BVA awarded thus:

“Therefore, the Board finds that the benefit-of-the-doubt rule does apply, and a 40 percent rating for the Veteran’s neurocardiogenic syncope, claimed as possible psychomotor epilepsy is warranted.  38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990).”

Is it possible that you have narcolepsy symptoms of a ‘psychomotor epilepsy’ that would warrant a rating of 40%?

Is there anything in your SMRs to indicate psychomotor epilepsy?

Or anything within diagnostic codes 8199-8108  that would satisfy the criteria for higher rating?

You can ask for a new C & P exam by questioning the examiner’s qualifications.

These are contact numbers for QTC:

https://www.qtcm.com/about-us/contact-us/

or you can complain at the White House Veterans Hot line:

1-347-237-4819

And you sure are not the first to complain about lousy C & P exams.

But I suggest before doing any of the above, to see if you do fit into a higher rating criteria under DC codes 8199-8108 , by virtue of your established medical evidence in your SMRs.

If I find anything else to help I will post it here-

Also we have a separate link to a PEB forum here:

https://www.pebforum.com/

Question- you had a JAG but did you have any help from a PEBLO?