I received my PDBR decision in the mail yesterday. I ask that you read my story and comment as you see fit.
The DoD denied my application for re-characterization of my service to retired. I was medically separated in April of 2004 for Fibromyalgia (FM). I was given a rating of 20% and separated with severance pay. The PEB considered FM, Obstructive Sleep Apnea (OSA), and bilateral plantar fasciitis. The PEB concluded that my symptoms for FM were not severe enough to warrant a rating of 40%, the OSA was not unfitting, and that the bilateral plantar fasciitis was not separately ratable due to pyramiding, despite the podiatrist's assertion and documentation that it did not fall within retention standards. The PEB concluded that an overall rating of 20% was applicable and separated me with severance.
In August of 2005, I received my VA rating of 70% for OSA (50%), FM (20%), bilateral plantar fasciitis (10% for each foot), GERD (10%), hypertension (0%), lumbar strain (0%).
I applied in June of 2013 to the PDBR and received my response yesterday. My main contention was that the FM was initially rated low (due to inadequate information and a very recent diagnosis) and that I should have been placed on the TDRL with a rating of 40% and re-evaluated. In addition to that contention, I also asked the board to consider my rating of bilateral plantar fasciitis as not ratable due to pyramiding.
Their response was that the initial assessment of FM at 20% was consistent with my symptoms and that the bilateral plantar fasciitis was ratable separately from the FM. That would have been good news, but the PDBR focused on the fact that I had "claw foot" (high arches) since childhood and they could not rate me for pain alone as deserving anything other than 0% due to widespread musculoskeletal pain associated with FM. In other words, while I met the definition of 40% for FM (widespread musculoskeletal pain that is constant or nearly so and refractory to therapy). They had to rate me as 20% because the VA rated me at 20% due to improvement in my pain level (stated at C&P exam to be a 5 or 6 out of 10 - which is considered CONSTANT pain). In applying this reasoning, the PDBR therefore separated out my bilateral plantar fasciitis and rated them at 0% each, with no re-characterization to retirement.
Here's the issue: If the PDBR rated me at 20% due to my VA exam, why did they not follow the VA's determination of a 10% rating (per foot) for bilateral plantar fasciitis?
The first page of the packet I received says I can "file suit" in a court of appropriate jurisdiction. Do I have a case?
For those of you who read this, I hope your PDBR determination is approved, and I pray that you will find relief.
With utmost respect for your sacrifices,
Jason
The DoD denied my application for re-characterization of my service to retired. I was medically separated in April of 2004 for Fibromyalgia (FM). I was given a rating of 20% and separated with severance pay. The PEB considered FM, Obstructive Sleep Apnea (OSA), and bilateral plantar fasciitis. The PEB concluded that my symptoms for FM were not severe enough to warrant a rating of 40%, the OSA was not unfitting, and that the bilateral plantar fasciitis was not separately ratable due to pyramiding, despite the podiatrist's assertion and documentation that it did not fall within retention standards. The PEB concluded that an overall rating of 20% was applicable and separated me with severance.
In August of 2005, I received my VA rating of 70% for OSA (50%), FM (20%), bilateral plantar fasciitis (10% for each foot), GERD (10%), hypertension (0%), lumbar strain (0%).
I applied in June of 2013 to the PDBR and received my response yesterday. My main contention was that the FM was initially rated low (due to inadequate information and a very recent diagnosis) and that I should have been placed on the TDRL with a rating of 40% and re-evaluated. In addition to that contention, I also asked the board to consider my rating of bilateral plantar fasciitis as not ratable due to pyramiding.
Their response was that the initial assessment of FM at 20% was consistent with my symptoms and that the bilateral plantar fasciitis was ratable separately from the FM. That would have been good news, but the PDBR focused on the fact that I had "claw foot" (high arches) since childhood and they could not rate me for pain alone as deserving anything other than 0% due to widespread musculoskeletal pain associated with FM. In other words, while I met the definition of 40% for FM (widespread musculoskeletal pain that is constant or nearly so and refractory to therapy). They had to rate me as 20% because the VA rated me at 20% due to improvement in my pain level (stated at C&P exam to be a 5 or 6 out of 10 - which is considered CONSTANT pain). In applying this reasoning, the PDBR therefore separated out my bilateral plantar fasciitis and rated them at 0% each, with no re-characterization to retirement.
Here's the issue: If the PDBR rated me at 20% due to my VA exam, why did they not follow the VA's determination of a 10% rating (per foot) for bilateral plantar fasciitis?
The first page of the packet I received says I can "file suit" in a court of appropriate jurisdiction. Do I have a case?
For those of you who read this, I hope your PDBR determination is approved, and I pray that you will find relief.
With utmost respect for your sacrifices,
Jason
