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!!
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!!
Where are you located? Did they offer you access to a PEB trained JAG when you got these results? If not, I have the name/number of a good one at Portsmouth, VA that I could pass on to you. At the least, he could refer you to one closer to you.