DoD ratings appeal

PEBnewby

PEB Forum Regular Member
Registered Member
I recieved my ratings today. 20% DoD for 2 failing conditions. I am going to appeal, but I am unsure what to expect and how to handle it.
 
I'm not versed in appeals, but I think if you gave more context you'd get more help. What were you expecting or wanting? What were your conditions, etc.?
 
I fractured my ankle and tore 2 ligaments. Had surgery to stabilize my ankle but lost ROM (<10 dorsiflexion). I have plantar fasciitis which I have had injections, electro therapy, night splints, insoles, PT, ruptured my left plantar fascia. I was rated at 10 for each totaling 20% DoD
 
You are appealing the "unfit" finding?
 
You are appealing the "unfit" finding?

I am appealing the percentages assigned to the unfit conditions. I was rated 10% for plantar fasciitis. I have 10 years of treatment which has included injections, night splints, insoles, wrapped, meds, shockwave therapy...and I recently ruptured one of them. They both measure via ultrasound near 3 times the normal thickness. I am just unsure as to how for bilateral it would be rated as 10%. What does the person who was rated at 30% or 50% look like? Are they permanently unable to walk at all?
 
In your DBQ I believe PF has to be listed as Moderate, Moderately Sever or Sever in relation to muscle injury and the general foot injury code :

Code 5284: All other foot conditions and injuries are rated based on their severity and on how much the foot can be used. A moderate condition is rated 10%, a moderately severe condition rated 20%, and a severe condition rated 30%.

Evaluating Muscle Disabilities (§4.56)
 
The VA is using the pes planus DBQ for some reason

I am not your doctor, did the DBQ have you "Diagnosed" as Pes Planus or PF? The diagnosis should determine how you are rated.... you may need to appeal how you were incorrectly rated versus your diagnosis or get more help from someone above my pay grade . Good Luck.
 
I fractured my ankle and tore 2 ligaments. Had surgery to stabilize my ankle but lost ROM (<10 dorsiflexion). I have plantar fasciitis which I have had injections, electro therapy, night splints, insoles, PT, ruptured my left plantar fascia. I was rated at 10 for each totaling 20% DoD
I was found Unfit with severance for PF. I had insoles, injections, physical therapy, then a surgery to release the fascia and a gastric tendon release. 6 weeks after surgery, I ruptured my Achilles. I have permanent nerve damage and still have the PF. I got rated at 20%...they lumped the 4 things together. I was told by my PEBLO that most ortho conditions don’t get more than 20%, and it seems he was right. I’m alright with the severance though...good chunk of change to start my new life with‍♂️
 
Does Dod consider Plantar facitis unfit? I have it both feet, use insoles and can't stand in one spot for more that 10 min so was thinking of getting to add that in my appeal for unfitting. Also not sure if they recorded it or if it would he considered combat related but it really started to act up in Afghanistan and i seen the doc there which told me it was plantar facitis. Something I'll bring up to OAC i guess
 
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