I spoke with an attorney today about my PDBR case. Basically, I was medically discharged in 2005 from the Army with 0% unfit rating for bilateral plantar fasciitis post surgery. I applied for the PDBR in 2018 and was given a decision in May of 2020 that upgraded my rating to 10% for each foot, for a total of 20% unfit. The board rated me under analogous code 5399-5310 because there was not a code for plantar fasciitis at time of discharge or during the PDBR. In February 2021, the VASRD was updated to include a new diagnostic code for plantar fasciitis. It is now code 5285. The rating criteria reads as follows:
"5285 Plantar fasciitis:
No relief from both non-surgical and surgical treatment, bilateral.......................... 30
No relief from both non-surgical and surgical treatment, unilateral........................ 20
Otherwise, unilateral or bilateral.............................................................................. 10
Note (1): With actual loss of use of the foot, rate 40 percent.
Note (2): If a veteran has been recommended for surgical intervention, but is not a surgical
candidate, evaluate under the 20 percent or 30 percent criteria, whichever is applicable."
I briefly spoke with an attorney today. He told me my best bet would be to fill out a DD 149 and apply for the BCMR to request "fairness and equity" since there is now a code. Has anyone used this approach with the board before to try to upgrade their discharge to a military retirement? I absolutely qualify for the 30% rating under code 5285. Thank you so much
"5285 Plantar fasciitis:
No relief from both non-surgical and surgical treatment, bilateral.......................... 30
No relief from both non-surgical and surgical treatment, unilateral........................ 20
Otherwise, unilateral or bilateral.............................................................................. 10
Note (1): With actual loss of use of the foot, rate 40 percent.
Note (2): If a veteran has been recommended for surgical intervention, but is not a surgical
candidate, evaluate under the 20 percent or 30 percent criteria, whichever is applicable."
I briefly spoke with an attorney today. He told me my best bet would be to fill out a DD 149 and apply for the BCMR to request "fairness and equity" since there is now a code. Has anyone used this approach with the board before to try to upgrade their discharge to a military retirement? I absolutely qualify for the 30% rating under code 5285. Thank you so much