This thread is dedicated to special issues regarding the Temporary Disabled Retired List.
I got two questions on this.
I am an activated guardsmen with my 26 years of service, about 6-7 of those active. I am currently going through an MEB, but haven't done QTC yet. I am a civilian police sergeant about 5 years from retirement. My primary duties upon return will probably be desk sergeant, very minimal physical work. The question is if I get put on TDRL, What do i say when they ask about work? If I say Police officer wont they just take it away?
I have just been trying to log the dates and times of my migraines to by gmail calender. Do you think that would be enough documentation of when, how long it lasted,and a notation that I went home early due to it?
Keep a migraine diary.I was never told to document migraines but am being treated for it and have medication. I am following my doctors orders. I am just starting the MEDBOARD, how can I now document my migraines now?
I hope that I am posting this in the correct place. I am looking for a bit of guidance. My husband was placed on Army TDRL in May 2013. I contacted his WW Advocate regarding his re-evaluation and was informed that it can take 3 years before he receives an appointment due to back-ups in the system. Is this information accurate? I was under the initial impression that he would be evaluated every year to eighteen months. Thank you for any assistance you can offer.
@Warrior644 Thank you! I hope someone can give me an answer. I have been hearing horror stories about people being bumped off TDRL without ever receiving a re-evaluation. I know that every situation is different and some stories are just that...stories but I would like to be proactive for my husband if, in fact, this is happening to people. Thanks again and take care!
TDRL statute
Title 10 US Code,Sec. 1202. "Regulars and members on active duty for more than 30 days: temporary disability retired list
Upon a determination by the Secretary concerned that a member
described in section 1201(c) of this title would be qualified for
retirement under section 1201 of this title but for the fact that
his disability is not determined to be of a permanent nature and
stable, the Secretary shall, if he also determines that accepted
medical principles indicate that the disability may be of a
permanent nature, place the member's name on the temporary
disability retired list, with retired pay computed under section
1401 of this title."
What does this mean? First, the Board must find the member would be qualified for retirement except for the condition being not stable. This means the member must be rated at least 30% disabled. Second, the Board must find that the condition is not stable, but that accepted medical principles show the condition may be permanent. How do you determine if a condition is unstable? DODI 1332.38, para. E3.P6.1.1.,says that "A disability shall be considered unstable when the preponderance of medical evidence establishes that accepted medical principles indicates the severity of the condition will change within the next five years so as to result in an increase or decrease of the disability rating percentage or a finding of fit." Many conditions qualify for TDRL. Experience has shown that conditions the Board typically considers prime candidates for being unstable are Migraines, Asthma, Back and Neck Conditions, Nerve Damage, and Mental Disorders.
Remember that placement on the TDRL is limited to 5 years. Also, Servicemembers will receive a minimum of 50% while on TDRL.
Hello- I am a US Marine Veteran who receives 80% VA disability. However, this question is in regards to my husband who is an active duty Marine of 16 yrs and 4 months serving. Here are the following questions I have:
1. My husband has the following unfitting conditions: Post Laminectomy Syndrome, Degenerative Disc Disease, Lumbar, Lumbago, Sacroilitis, and Left LF Radiculopathy were found Category II conditions, UNFIT, TO BE PLACED ON THE TEMPORARY DISABILITY RETIRED LIST, WITH A COMBINED DISABILITY RATING OF 40%.
2. He is currently doing a rebuttal of his IPEB and his hearing is Sept 4th 2014. However, now that he is finding more information about the TDRL, he is not sure if he wants to continue his rebuttal of fighting the TDRL to be put on PDRL.
3. He wants to know, if during the TDRL, will it take exactly 5 years to find out if he is going to be medically retired. He has 16 years and 4 months in the Marines. By the time 18 months comes around for re-evaluation he will have 17 years and 10 months in or nearly 18 years in the Marines.
4. My question is, will the Marines count his Marine Corps time while he is still in the TDRL? If so, would he be able to request to stay in the Marines until he hits 20 years since he will have almost 18 years in the Marines by the time his re-evaluation exam happens.
5. While on TDRL, we were told that we can move anywhere. In that case, we plan to move back to our home in Temecula, CA which is near Camp Pendleton, CA. When we move, will his re-evaluation be at any MTF (military treatment facility), at Camp Pendleton or some where in the East Coast like Maryland?
6. While on TDRL, will he get paid at least 50% of his retirement pay and VA disability? Or will he get paid only VA disability? His VA disability rating is 100%
7. While on TDRL, can he be found fit again and get orders to be back in the Corps? Or can he request to be put back in the Marines at his re-evaluation? After his re-evaluation, can he request to finish his 20 year retirement?
8. If he gets accepted back to the Marines on permanent light duty when he hits 18 years, would the Marine Corps give him orders to Camp Pendleton?
9. If placed on TDRL, can he still have a retirement ceremony?
All he wants is a medical retirement so our family can receive Tricare benefits as a regular retiree would. If he rates to stay in until 20 years to withdraw a retirement check and also VA paycheck, then that is a plus. His back pain is very severe and not sure if the Marine Corps will keep him since there is a huge draw down happening the past couple of years to include this year and FY15 as well. By the way, my hubs is a SSGT (E-6) USMC.
Thank you again for reading this and hoping I can get an answer before his rebuttal date. His navy lawyer keeps encouraging him not to follow through a formal PEB hearing.
Respectfully,
Mishelle
USMC Veteran
Sept 2001-Sept 2005
OIF I Vet
Welcome to the PEB Forum!
From my experiences with the DoD IDES, I offer the following feedback to your specific inquiry:
Q3. Will it take exactly 5 years to find out if he is going to be medically retired?
A3. It depends upon the "improvement" or "non-improvement" of symptomatology from your husband's medical conditions.
Q4. Will the Marines count his Marine Corps time while he is still in the TDRL?
A4. No.
Q5. Will his re-evaluation be at any MTF (military treatment facility), at Camp Pendleton or some where in the East Coast like Maryland?
A5. Under the DoD Manual 1332.18, Vol. 2... "4. TDRL REEVALUATION. VA will conduct and prepare rating decisions for veterans who were temporarily retired for disability in accordance with VA laws and regulations. On request from the Military Department, VA will provide a copy of the most current rating and the medical evidence upon which the most current rating is based in accordance with section 7332 of Title 38, United States Code (Reference (i)). If VA does not provide examination and rating information sufficient to adjudicate the veteran’s case or the VA exam is older than 18 months, the Military Department will execute required TDRL examinations and ratings in accordance with Reference (g)."
Q6. While on TDRL, will he get paid at least 50% of his retirement pay and VA disability?
A6. If found unfit to perform your duties because of a disability that may not be permanent, you may be placed on TDRL and your retired pay will be computed using one of two methods:
Note that the military service member's pay will be computed based on whichever Method is more beneficial.
- Disability percentage (using a minimum of 50 percent for payment purposes while on the TDRL), referred to as Method A, or
- Years of active service, referred to as Method B.
Q7. While on TDRL, can he be found fit again and get orders to be back in the Corps? Or can he request to be put back in the Marines at his re-evaluation? After his re-evaluation, can he request to finish his 20 year retirement?
A7a. Yes.
A7b. Depends; reference A7a.
A7c. Depends; reference A7a.
Q8. If he gets accepted back to the Marines on permanent light duty when he hits 18 years, would the Marine Corps give him orders to Camp Pendleton?
A8. Unknown.
Q9. If placed on TDRL, can he still have a retirement ceremony?
A9. From an U.S. Army perspective, yes!
Hmm, why does "His navy lawyer keeps encouraging him not to follow through a formal PEB hearing?"
Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
Thank you very much for your input! I didn't know that the Marine Corps will NOT count his time while on TDRL. So pretty much he is considered to be done with the Marines while on TDRL and if he is found fit then his time will continue from the time he was put on TDRL correct?
The lawyer keeps saying that his request will probably not be approved by the board to go from TDRL to PDRL. However, my husband talked to his doctor, who performed his back surgery and did an addendum in regards to his 'future back problems'. His doctor said that when he did the back surgery, his chances of getting better was 50/50. The doctor further explained to him that his chances are worse of getting better with an 2nd back surgery. Therefore, that is why the doctor did an addendum on his behalf for the rebuttal hearing. I personally think the Navy Lawyer just doesn't want to do her job, however, he needs to be afforded the opportunity to state his case.
Thank you again for replying!
I knew a TDRLer who got finally got their re-exam just 6 months shy of getting to their TDRL five year limit.
Come to find out, that even though they moved during their TDRL period, and even though they updated their address, somehow, it never "registered" to some of the parties involved in the system.
So for sure, make sure to keep your address up-to-date throughout the system.
And if you use the VA, so much the better.
The treatment received/records of consistent care/medical documentation can become a very useful evidentiary tool should there be a discrepancy in the later findings/ratings.
V/r,
nwlivewire
I have been rated at TDRL 40% by VA and 70% by Navy in 2012. I recently was reevaluated in March and the navy placed me on PDRL at 30%. I was receiving 1200 approx. A month from Navy and the new rating would make it 517 or so. My VA compensation amount is 640. Since my Navy is now lower than my VA than I should be only getting a check from the VA correct? I called Dfas and Informed them that my VA rating exceeded my Navy amount and they informed me that they hasn't received any updated info from VA so therefore they could not stop paying me the 517. Now I will have to pay back what they have paid me since I was placed on PDRL. How do I know at what point I was OFFICIALLY placed on the PDRL? I am trying to save money to pay them back the overpayment. Would it be when my DFAS check amount changed or when I was initially evaluated in March? Thank you!
I have been rated at TDRL 40% by VA and 70% by Navy in 2012. I recently was reevaluated in March and the navy placed me on PDRL at 30%. I was receiving 1200 approx. A month from Navy and the new rating would make it 517 or so. My VA compensation amount is 640. Since my Navy is now lower than my VA than I should be only getting a check from the VA correct? I called Dfas and Informed them that my VA rating exceeded my Navy amount and they informed me that they hasn't received any updated info from VA so therefore they could not stop paying me the 517. Now I will have to pay back what they have paid me since I was placed on PDRL. How do I know at what point I was OFFICIALLY placed on the PDRL? I am trying to save money to pay them back the overpayment. Would it be when my DFAS check amount changed or when I was initially evaluated in March? Thank you!