PEB Forum Regular Member
So, I have spoken with JAG regarding my appeal/rebuttal and they feel I will have a difficult time getting the ankles changed to not meeting retention standards. My questions are as follows.
1. If the right and left ankle pain make it to where I can't do the swim event for the APFT, how does it not affect my profile?
2. I was given an example,thanks hawkdriver, AR40-501 CH3-41 E1 and I am attempting to get it to replace the AR40-501 CH3-14 g1. The 3-14 alludes to arthroplasty, but I have not had any surgery to my ankles just the feet and the ankle pain was onset afterwards.
3. The NARSUM states bi-lateral foot pain secondary to pes planus as the chief complaints and the only things medically unacceptable. The rest of the conditions are stated as non-substantiated. They also state no records in my medical records of the other issues. Should I add that there is records in my file about those conditions? Should I send those along with the appeal/rebuttal?
In all honesty I am only concerned with 30%. I do not feel that the conditions other than feet/ankles warrant any disability, that they are actually in my records is the only point I want to make about them. I feel as if I am being railroaded into a 20% finding for the feet and that the ankles which cause me problems are seen as an afterthought. I do wear ankle braces as prescribed by the podiatrist to limit the motion to assist with sinus-tarsi syndrome. Any advice would be appreciated, especially expert advice.
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