Schedule of Ratings for the Endocrine System (Diabetes)
Does anyone know what the Navy PEB looks at to define "regulation of activities" to differentiate between a rating of 20% and 40%? I am unable to find any written guidelines on this issue. How much regulation is required to make the jump from a severance check to a retirement? Thanks.
I am actually helping a service member. He has been on the TDRL for five years and this is his final review. He has been at 40% for the last five years and now they reduced him to 20%. His condition has not really changed over the course of the five years. He is able to work, but he cannot engage in strenuous activity. He requires daily insulin shots, he sees his doctor once a month, he monitors his levels three times per day and is on a restricted diet. It seems like he meets the requirements for 40%.
There is no "bright line rule" as to what should be considered sufficient "regulation." The key would be to produce evidence that such regulation is required. If the endocrinologist writes that activities should be regulated (most likely with specifif examples, or a statment about avoiding "strenuous activitities") then I would argue this is sufficient for the higher rating.
One issue I see is that this is probably easier on active duty, where profiles explicity limit activities. Once out on TDRL, it can become more difficult to produce this type of evidence. Though, if he has a permanent profile limitation, I would use this to argue the point, in addition to any other evidence he can gather.