30% TDRL. Should I appeal?

I was medevaced out of Iraq in December 2007 with rhabdomyolysis with myoglobinurea and acute renal failure. When I arrived at Landstuhl, Germany, I was diagnosed with severe hypothyroidism. My hands became swollen between the thumb and index finger cause loss of strength, and loss of fine motor skills. If I over use, they swell more and begin to cramp. My limit is about writing on page of paper.

My dictation states that I intolerance to the cold, irritability and moodiness, weight gain of ten pounds in the last 8 months, and muscular weakness. It also states I have continued swelling from rhabdomylysis.

The IPEB states that my rhabdomylysis and renal failure have been resolved. The renal failure has but he rhabdo is not due to the swelling I still have.

I am rated at 30% for fatigability and mental sluggishness because there is no evidence of mental disturbance vice the reported mental slugishness so rating at the next level is not warranted. Also the muscular weakness was said to fit better into the category of fatigability. This was also said to have been a non combat related illness.

The fact that my hands on both sides are swollen like half of a golf ball was inserted on both side due to rhabdo was stated to be resolved and ignored.

Should I appeal this case? Do I have a valid argument for a higher rating on the rhabdo and hypothyroid? Does the fact I developed rhabdo in Iraq make it eligible for combat related?

Thanks

 

[martin]

i would.....: Rhabdomyolysis is the rapid breakdown (lysis) of skeletal muscle tissue (rhabdomyo) due to injury to muscle tissue. The muscle damage may be caused by physical (e.g. crush injury), chemical, or biological factors. The destruction of the muscle leads to the release of the breakdown products of damaged muscle cells into the bloodstream; some of these, such as myoglobin, are harmful to the kidney and may lead to acute kidney failure. Treatment is with intravenous fluids, and dialysis or hemofiltration if necessary.[1]
Rhabdomyolysis and its complications are major problems in people who are injured in disasters such as earthquakes and bombing. The disease and its mechanisms were first elucidated in the Blitz of London in 1941.[2] my question is: were you ever exposed to chemical or bio hazards, or a crushing injury? file an appeal for a formal board if you believe you got short changed. this sounds to me to be a long term illness. good luck......Martin

 

[sgtchaneyj]

There was no crushing injury, or biological,(that I know of.) My theory is I went from a three year recruiting stint with no physical activity to the 101st as an FO in an infantry platoon. I received no training or time to adjust my body. I went from desk job right to infantry and deployed upon arrival. That’s why I believe I got rhabdo and it should be a combat related illness.

 

[Jason Perry]

sgtchaneyj,

Welcome!

I am rated at 30% for fatigability and mental sluggishness because there is no evidence of mental disturbance vice the reported mental slugishness so rating at the next level is not warranted. Also the muscular weakness was said to fit better into the category of fatigability. This was also said to have been a non combat related illness.

I would not be confident that they got this right. However, for reasons discussed below, it likely will not matter.

Should I appeal this case? Do I have a valid argument for a higher rating on the rhabdo and hypothyroid? Does the fact I developed rhabdo in Iraq make it eligible for combat related?

First, the combat related question. The answer is no, it won't be combat related for the purposes you are likely asking about. There is a combat related definition for the purposes of enhanced severance pay that is based on being in Theater when injured. But the traditional analysis for Combat Related Special Compensation (CRSC) is if the injury was direct result of combat, extra-hazardous duty (parachute or dive injuries or training for combat), or caused by an instrumentality of war.

You may have bases for a higher rating. It is hard to say though, and it would take knowing all the facts of your case to give a better idea. However, due to the fact that you won't qualify for CRSC on these injuries, you won't be able to collect both military disability compensation and VA compensation. So, you are currently across the threshold for retaining your health benefits from the military. On TDRL, you will be paid at the 50% level and will be able to argue for a higher rating in the future.

I am not offering an opinion on whether you should or should not appeal. But, keep in mind, to do better, you will need to get an award of 60% or better to beat your current award. What you should do in any case is review what your VA award is after you retire and explore getting as high a rating as possible from the VA. You can then use this as evidence of the proper rating at your TDRL re-evaluation.

I hope this was helpful and that all goes well for you. Best of luck and please let us know any questions.

 

[sgtchaneyj]

Jason
Thanks for the info. The WTU has hired a civilian lawyer to review our IPEB results. She says that I should have received a 60% rating. As for the swelling in my hands, should I just let that go and claim it from VA? I was boarded on my hands for bilateral hand pain and swelling, but it was not addressed in the IPEB.

 

[Jason Perry]

If you are going to a formal hearing anyway, I would challenge any issues you think are in error and will make a difference to your findings. Once you decide to appeal, there is no reason to hold back on relevant issues.

The things that need to align to maximize your chances for getting rated on something are that it is noted as failing retention standards by the MEB, that is is the subject of a physical profile (preferably a Permanent "3") and causes functional limitation listed on the profile, and your commander or supervisor documents the impact on your duty performance. You can get rated without these things, but having them certainly helps.