DOD TDRL Appeal Plantar Fasciitis
- Thread starter Wayne G
- Start date
Via your PEBLO file a VARR. DoD MUST used the percentage assigned by the VA. Your issue is with the VA's 10% rating. Note 5269 is the proper rating code.
If you have orthotics and your feet still hurt while using them, that needs to get that documented in your medical records. If surgery is an option, but the ortho/podiatrist thinks that it will not improve your condition it needs to be documented in your records. Did you mention in your record is your feet are restricting you in any way? Can you only wear tennis shoes? Can you only stand or walk for short periods of time without pain? Having trouble keeping up with your children because of the pain? The more info like that you have in your record, the more you are a showing impairment.
But the most important one is having the doc say surgery will not help you and you tried (or they won’t help) all nonsurgical options to meet the 30% criteria. This is what I had in my record for my MEB/PEB and came back with 30%.
But the most important one is having the doc say surgery will not help you and you tried (or they won’t help) all nonsurgical options to meet the 30% criteria. This is what I had in my record for my MEB/PEB and came back with 30%.
He is coming off TDRL. The VA rating isn't what is used for TDRL final determination. TDRL utilizes the old LDES system where the Army determines the DOD%.
Thank you all for your time. @Provis @FmrArmyAvatr @chaplaincharlie @Blk42. Gonna ask my doc for the surgery recommendation and prepare for a formal appeal. Open to all suggestions?
I failed to put two and two together.
Hire a private attorney that is specialized in IDES/TDRL. I think it would be well worth it. If not reach out to OSC asap to talk about your case and what evidence would help you. If you are in the Army they are located at Fort Knox.
Somewhat similar question so I'll post it here rather than creating a whole new thread:
I was referred to PEB for 2 conditions which are both listed on my NARSUM - 1) chronic left foot pain post multiple surgeries and 2) chronic nerve damage left foot
VA Ratings came in - Condition 1 was rated 10% and Condition 2 was rated 10%
However,
VA also rated me 50% for severe bilateral pes planus and 10% for painful scars around the surgical sites. Neither of those are "referred conditions" on NARSUM.
Do you think I'm looking at 20% DoD or is it likely PEB will find the additional 2 ratings "unfitting" given they are directly related to the NARSUM referred conditions? (feet).
Any thoughts or guesses?
I was referred to PEB for 2 conditions which are both listed on my NARSUM - 1) chronic left foot pain post multiple surgeries and 2) chronic nerve damage left foot
VA Ratings came in - Condition 1 was rated 10% and Condition 2 was rated 10%
However,
VA also rated me 50% for severe bilateral pes planus and 10% for painful scars around the surgical sites. Neither of those are "referred conditions" on NARSUM.
Do you think I'm looking at 20% DoD or is it likely PEB will find the additional 2 ratings "unfitting" given they are directly related to the NARSUM referred conditions? (feet).
Any thoughts or guesses?
If your job involves being on your feet (like infantry or any ground job-mechanic, fueler, etc) I would have an attorney argue that the bilateral pes planus and painful scars around the surgical site were also unfitting because they also are directly related to you unfitting conditions. Since your two 10% unfitting conditions will only put you at 20% DoD and give you severance, it might be worth it to get at minimum one of the two other conditions found unfitting. The 10% painful scar rating would bring your DoD up to 30% which will give you a medical retirement w/Tricare for the you and your family. The 50% rating added would bring you up to 60% DoD, which, depending on your TIS and your HIGH-3.
Since the scars are a result of the surgery, that would be a great argument to the IPEB to have it added as unfitting. Your pes planus can be argured in a similar way, because you will not be able to wear boots anymore because of the surgery pain and fear of a similiar situation with your right foot occurring. Talk to your attorney (Soldier's Council or hire a private one) to get their opinion about how to proceed. 99% of the time a medical retirement is better than a severance and you are close to a retirement.
Since the scars are a result of the surgery, that would be a great argument to the IPEB to have it added as unfitting. Your pes planus can be argured in a similar way, because you will not be able to wear boots anymore because of the surgery pain and fear of a similiar situation with your right foot occurring. Talk to your attorney (Soldier's Council or hire a private one) to get their opinion about how to proceed. 99% of the time a medical retirement is better than a severance and you are close to a retirement.
Thank you for your reply. I am an Infantry Officer. I am hoping the PEB comes back and finds them unfitting (both pes planus and scars) and I can avoid having to hire an attorney all together. I am definitely shooting for retirement.
Or are you saying since the NARSUM didn't ID them, they automatically will not look at them?
Thanks again for your time. This process is wild.
The office is Soldier Council attorney is free to use. I would go talk to one of the attorneys at a minimum.
I had my pes cavus (high arch) and planter fasciitis be found unfitting by the IPEB. It was not on my NARSUM. I did file an IMR prior to the IPEB because that’s just something the IPEB can use to deny it—“if it was so important, why didn’t you request an IMR?”
I had my pes cavus (high arch) and planter fasciitis be found unfitting by the IPEB. It was not on my NARSUM. I did file an IMR prior to the IPEB because that’s just something the IPEB can use to deny it—“if it was so important, why didn’t you request an IMR?”
Just don't wait to fight it. If NARSUM doesn't state they are unfitting the iPEB won't either. You will want to do IMR and if IMR comes back the same then a rebuttal to it or rebuttal to NARSUM. @FmrArmyAvatr is correct that you should seek counsel. I would never make a decision at any step in the IDES process without consulting an attorney. You have legal provided as part of the process or you can hire outside counsel.
If the NARSUM is already signed and the PEB is happening, can I do an IMR at this point or is it too late?
Just go talk to an attorney and see if there is anything you still can do. You may be too late for an IMR, but if you are just in the IPEB phase right now, you might still have a chance to get them added by requesting a formal PEB. If you do not have medical notes tying your low arches and scars to your two other conditions, I would get in with the podiatrist or orthopedist to get notes put in states that one is the cause of the other or that the scars and flat feet themselves would also prevent you from continuing service. I think being an infantryman will help you a whole lot in your case. If you are not in a rush to get out the Army, you have other opportunities to appeal. But an attorney is key at this point.
Thank you.
I got my dbq back from the narsum and it states that non surgical treatment didn't help. However the box have you ever had surgery or weren't a surgical candidate box says no. On the narsum the left and right are listed on lines 1 and 2 separately both saying with aquired pes cavus and metatarsalgia. How do you think this will be rated?