IPEB results returned, should I ask for VA reconsideration (need advice soon!)

Sorry for the "11th hour" post but I've kind of run out of options for where to turn for advice in this whole process and my 10 day window is up on Thursday...

First, a little background. I am a USN Dental Officer (general dentist) and was diagnosed with type 1 diabetes almost exactly 1 yr ago (June 15 2011). Since then, I have been through the entire horrible PEB process and just received my IPEB results last week.

Results:
I was found unfit, with an unfit rating of 60% and an overall 80% VA rating, and recommended for the TDRL. From what I understand, the way they did my unfit rating was a little unusual and therefore I'm a little confused on how to proceed.

Unfit rating total: 60%
Diabetes (20%)
Idiopathic Headaches (30%)
Tremors left/right hands (10%...bilateral rating)

Since my diabetes diagnosis, I have suffered from chronic headaches, trembling/tingling & poor circulation in my hands, and a whole host of other issues. Obviously, as a dentist, these issues have led to less than adequate performance of my job/duties. Even though I've had continued good A1cs (under 7%) and strict blood sugar control...I'm still having these issues. As far as my submitted PEB paperwork...I was originally only referred for type 1 diabetes. I was expecting/hoping, with all of my secondary symptoms, to receive at most a 40% rating on the diabetes and PDRL. The specific breakdown of the diabetes, headachess and tremors was a surprise.

My question is whether or not I should submit a reconsideration request to the VA to try to get the diabetes itself bumped from 20-40%? During this last year, I've also had to restrict my physical activities due to hypoglycemia issues and have accompanying documentation (waived PFAs, note from primary, etc) which should meet the additional requirement of "regulation of activities" to warrant a 40% rating.

Obviously, I'm happy about the 60% unfit rating but I'm concerned that I'm currently only given TDRL status (and in future re-evals they may try to drop the headaches/tremors, leaving me with only 20%). However, I'm also worried that if I do request a reconsideration that they might agree to the 40% diabetes rating, lump the headaches and tremors the diabetes, and drop me from 60%-40%..potentially just to keep me on the TDRL list. Also, is there any possibility that by asking for a VA reconsideration, they could reopen my entire case and potentially change the TDRL status to severance or even find me fit?

The other piece to this is that my command has given me nothing but flak this entire year (constantly trying to write me up for petty issues, treating me like a dirtbag, etc) and I don't necessarily want to prolong dealing with them...although it may be the lesser of two evils.

Anyway, I hope I explained this well enough and if there is more information that might be helpful in giving advice, please ask. I just want to be done with all of this and not get screwed (now or in the future!)

THANK YOU!!
 
I cannot really provide any insights into your situation, but it seems like you may have a shot at a 60% rating for the diabetes alone. Under VASRD Code 7913, the requirements for a 60% rating are:
* require insulin
*restricted diet
*regulate activities with episodes of ketoacidosis OR hypoglycemic reactions requiring treatment or hospitalizations
*complications that would not separately be compensable.

The other reference in the VASRD is for diabetes insipidus (Code 7909) that focuses on polyuria and dehydration.

I hope my posting is not too late for you to read through the Code and make an informed decision. The following link http://www.index.va.gov/search/va/bva_search.jsp?QT=knee+pain&SQ=vetapp11&RPP=10&LC=0&ET=&UA=Search will take you to the VA's Board of Appeals decisions. Type your condition in the search box and discover how the VA rates your conditions. Armed with that you can submit your request for a reconsideration quoting VA case law as well as apllicable VASRD Codes, of course, together with your other supporting documents such as medical records and doctors' opinions.

Good luck.
 

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how did all this go. you should at least be 40% and because you go to TDRL does not mean you are out of the woods. I was 40% for Type 1 Diabetes and fought long and hard to maintain that. If you would like to know more let me know.
 
how did all this go. you should at least be 40% and because you go to TDRL does not mean you are out of the woods. I was 40% for Type 1 Diabetes and fought long and hard to maintain that. If you would like to know more let me know.

I finally got my PEB package back after a VA recon that took almost 12 weeks to get back.

Final Results

Navy Side:

Diabetes: 40%
Headaches: 30%
Bilateral hand tremors ( 10% each hand)

Total: 70% (TDRL)

VA Side:

Total: 90% (other conditions not listed)

Thanks for all of the advice regarding the recon. I am obviously happy that they decided to give me 40% for Type I diabetes (basically organ failure) but I'm a little frustrated that I'm still on the TDRL and not looking forward to having to fight to keep my benefits every 18 months.

Can anyone give me an idea what to expect with this TDRL business (I know the basics) and what I need to do in order to keep them from lowering my % at future re-evaluations?
 
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