Does anyone know of a good lawyer in the VA area that may be able to represent a soldier that has been hospitalized in January 2015 and diagnosis with type 1 diabetes. His MEB Board was initiated in April 2015 and PEB found him unfit for duty in July 2015. His VA rating came back at 20%. He requested a one time VA reconsideration on October 2, 2015. He has not heard back regarding the VA reconsideration. But he heard back this week regarding the Formal Board scheduled in a couple months. His civilian provider indicated diet restriction and avoid strenuous occupational and recreational activities. It should have been higher than a 20% rating. Any help is appreciated.
Type 1 Diabetes
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The PEBLO did not provide any information as to why the initial 20% rating; however, I suspect that the initial review did not include additional medical information from his civilian provider. When we requested a VA reconsideration, additional medical information was provided to include the diet and activity restrictions. An e-mail was sent to the PEBLO tonight requesting the results of the VA reconsideration if it had ever taken place. The PEBLO is providing limited information, so a lot of things are still unclear with the process and status.
He should have received the VA's proposed ratings. I would be demanding that. How else can he properly pursue a VA reconsideration? Was the need to regulate activities in his file prior to the VA's reconsideration? Has he seen his C&P exams?
Mike
Mike
He had a C&P exam and his NARSUM indicated diet restriction and no strenuous activities particularly long runs. I believe that was what was sent to the VA for the initial rating of 20%. He went for a second opinion by a civilian provider, those records were not in his file for his initial VA review, but was submitted as additional medical information for VA reconsideration. He had never received a copy of the VA rating with their rationale.
If you demand the original VA rating, as suggested above, the standard VA rating format always spell out why a higher rating was not given. That paper is key to addressing why the VA rated you only 20%. Best wishes. Mike