Navy/Marine TDRL Re-Eval Process

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Good Afternoon Everyone,
I will update this thread as the process continues, but wanted to have info posted showing the TDRL re-evaluation process under Legacy with the Naval PEB.

1. HQMC sent orders for TDRL re-evaluation at about the 15 month mark. The orders stated I would report to a specific MTF for evaluation and the MTF would contact me with future time and date. The orders were wrong and they had me going to my last duty station. I contacted HQMC and made sure they had my correct address, which they did, but sent out wrong orders. They told me they would send out new orders.

2. New orders were never issued by the 17 month mark so I called HQMC verifying I should report to local MTF for my re-evaluation. They said yes so I called the local MTF. I spoke with the TDRL liaison and she scheduled my appointment.

3. I showed up for my appointment at the 18 month mark, which lasted about an hour.
4. Two days later the doctor's NARSUM was e-mailed to me for review.
5. I e-mailed my previous 18 months worth of all medical documents, including VA ratings, SSDI award and other pertinent info to TDRL liaison.
6. I contacted a Regional PEB attorney and was forwarded to a TDRL attorney. He helped me construct my case and wrote a memo to the board.
7. Memo and supporting enclosures were forwarded to MTF TDRL liaison around day 25.
8. I e-mailed TDRL liason asking to be informed of when my package was sent to PEB.
9. TDRL liason informed me of when my case was forwarded, around day 35, and a contact for the PEB was given to me.
10. I followed up with PEB liasion a week later to ensure they recieved my package. I was told to call back a week later because it hadn't arrived yet.
11. Received an e-mail two weeks after my case was sent to the PEB verifying my package had reached the PEB and was currently being reviewed by the board.
12. Was told the board usually takes 1-2 days to review TDRL cases.
 
13. 17 Days after package was mailed to PEB it's awaiting signature by President of the PEB. Results will be e-mailed and mailed directly to me. Will update with any changes.
 
14. 18 Days after package was mailed to PEB the results were e-mailed to me. This was 55 days from start(NARSUM appointment) to IPEB decision notification. The Navy PEB still does not disclose the board members rational and justification for their decision at the IPEB level.
 
15. After accepting PEB findings transfer paperwork from TDRL to PDRL is expected within 12 weeks.
 
If you were prior Navy, USMC Headquarters is NOT who you should be contacting. You should be contacting Navy Headquarters.
 
Good Afternoon Everyone,
I will update this thread as the process continues, but wanted to have info posted showing the TDRL re-evaluation process under Legacy with the Naval PEB.

1. HQMC sent orders for TDRL re-evaluation at about the 15 month mark. The orders stated I would report to a specific MTF for evaluation and the MTF would contact me with future time and date. The orders were wrong and they had me going to my last duty station. I contacted HQMC and made sure they had my correct address, which they did, but sent out wrong orders. They told me they would send out new orders.

2. New orders were never issued by the 17 month mark so I called HQMC verifying I should report to local MTF for my re-evaluation. They said yes so I called the local MTF. I spoke with the TDRL liaison and she scheduled my appointment.

3. I showed up for my appointment at the 18 month mark, which lasted about an hour.
4. Two days later the doctor's NARSUM was e-mailed to me for review.
5. I e-mailed my previous 18 months worth of all medical documents, including VA ratings, SSDI award and other pertinent info to TDRL liaison.
6. I contacted a Regional PEB attorney and was forwarded to a TDRL attorney. He helped me construct my case and wrote a memo to the board.
7. Memo and supporting enclosures were forwarded to MTF TDRL liaison around day 25.
8. I e-mailed TDRL liason asking to be informed of when my package was sent to PEB.
9. TDRL liason informed me of when my case was forwarded, around day 35, and a contact for the PEB was given to me.
10. I followed up with PEB liasion a week later to ensure they recieved my package. I was told to call back a week later because it hadn't arrived yet.
11. Received an e-mail two weeks after my case was sent to the PEB verifying my package had reached the PEB and was currently being reviewed by the board.
12. Was told the board usually takes 1-2 days to review TDRL cases.

This sounds very familiar to the IDES process I am going through now where they are actually letting me get my re-evaluation appointments done locally. Mine however were optioned to use a civilian doctor, DoD doctor, or VA doctor. Believing the system was intended to be "Integrated" disability evaluation system, my first thought was to use the VA. but I had just sent copies of my most recent full evaluation by the VA (recently applied for UI) and the PEB said it was not sufficient. WTH? all measurements, poking, prodding, etc. were done in accordance with the VASRD so you'd think it was acceptable. Well guess how that worked out for me? I do not understand the refusal to accept the VA's recent documents, but now I have the full option to utilize them to "redo" all of the same evaluations......Ludicrous! Anywho...Did you send every document from your 18 months of care or just bits and parts related to your unfitting conditions? Why did you contact a regional PEB attorney "after" you emailed all of your records?
Thanks
 
This sounds very familiar to the IDES process I am going through now where they are actually letting me get my re-evaluation appointments done locally. Mine however were optioned to use a civilian doctor, DoD doctor, or VA doctor. Believing the system was intended to be "Integrated" disability evaluation system, my first thought was to use the VA. but I had just sent copies of my most recent full evaluation by the VA (recently applied for UI) and the PEB said it was not sufficient. WTH? all measurements, poking, prodding, etc. were done in accordance with the VASRD so you'd think it was acceptable. Well guess how that worked out for me? I do not understand the refusal to accept the VA's recent documents, but now I have the full option to utilize them to "redo" all of the same evaluations......Ludicrous! Anywho...Did you send every document from your 18 months of care or just bits and parts related to your unfitting conditions? Why did you contact a regional PEB attorney "after" you emailed all of your records?
Thanks
Betur,
I sent every piece of paper from the time I left active duty until day of re-evaluation. DoDi stated that all records were to be disclosed. The Liaison/PEBLO and MTF doc said it wasn't necessary (only referred conditions), but since I wanted the MTF to follow proper procedure I made sure I did as well. I also had nothing in my records anywhere I wished to hide or not disclose.

I sent my medical records to the Liaison so the MTF doc could have them for review in case I didn't agree with her assessment and wanted a 2nd opinion. It was a few hundred pages and wanted to make sure they had them for a timely review if needed. For me it was a chess match. I felt that my smartest play was ensuring I didn't make a procedural mistake. Then I worked with the TDRL attorney to make the legal arguments. The attorney helped me construct personal statements and other arguments. That information was not sent to the Liaison until a few days before my case was sent to the PEB.
 
Pittpan2005, were you asked to have any "re-evaluations" due to your MTF or VA documentation not being "Sufficient"? Did you require more than one NARSUM (from different providers) to cover your conditions? In my case I provided complete records for conditions I was asked about holding nothing back and even included results from a recent head to toe VA re-evaluation that they said was "not sufficient".
 
Pittpan2005, were you asked to have any "re-evaluations" due to your MTF or VA documentation not being "Sufficient"? Did you require more than one NARSUM (from different providers) to cover your conditions? In my case I provided complete records for conditions I was asked about holding nothing back and even included results from a recent head to toe VA re-evaluation that they said was "not sufficient".
1.) They wanted to do blood work. Knowing that would happen I had it drawn a week or two prior and brought in the records.
2.) Only one provider involved. I was fortunate. They probably would have liked others involved, but the only MTF doc I saw was content with what she had and my ability to explain the history. She was very helpful for my case. She made the decision to not refer to any other specialists. The PEB never asked for "newer" or "better" evidence. They appeared content with her NARSUM and my records.
3.) How old was the recent evaluation? Who said it was not sufficient?

*Each case is going to be unique. I would recommend contacting legal early and see what help they can provide. Ultimately my case could have been drastically different had the MTF doc or the PEB requested further testing, etc. However, I think the government aimed to cut their losses with me and hoped I'd take the 40% PDRL offer since I was arguing for 100% based on unemployability. 40% TDRL to 40% PDRL at first re-evaluation was great news. It allowed me to stop looking over my shoulder and focus even harder on recovery. 75% DoD would have been higher than my 100% VA, but it wasn't worth the stress to me and my family.
 
1.) They wanted to do blood work. Knowing that would happen I had it drawn a week or two prior and brought in the records.
2.) Only one provider involved. I was fortunate. They probably would have liked others involved, but the only MTF doc I saw was content with what she had and my ability to explain the history. She was very helpful for my case. She made the decision to not refer to any other specialists. The PEB never asked for "newer" or "better" evidence. They appeared content with her NARSUM and my records.
3.) How old was the recent evaluation? Who said it was not sufficient?

*Each case is going to be unique. I would recommend contacting legal early and see what help they can provide. Ultimately my case could have been drastically different had the MTF doc or the PEB requested further testing, etc. However, I think the government aimed to cut their losses with me and hoped I'd take the 40% PDRL offer since I was arguing for 100% based on unemployability. 40% TDRL to 40% PDRL at first re-evaluation was great news. It allowed me to stop looking over my shoulder and focus even harder on recovery. 75% DoD would have been higher than my 100% VA, but it wasn't worth the stress to me and my family.
The eval was compiled over the last few months and decided in an amazingly short period of time. I received their decision on 30 September, sent it to the TDRL Liaison by Oct 15th and had orders to do it all again by the last week of Oct. Pretty ignorant in my opinion.
The VA came back with 100% UI retro to my date of discharge of 3 Jan 2012 then in the next paragraph gave me 100% by schedule retroactive to July 2012 making UI moot. The DoD I honestly believe, thinks they will be on the hook for my retirement as a reservist when I was injured which will ultimately take 1 warm body from their end strength funding once a decision is made. Why is it that your DoD 75% would be higher than your VA 100%? Time in service?
 
Ladies and Germs, I have waited a long time to post here; didnt want to do so without all the information and a viable conclusion. I feel it is my duty to share with you the process I have gone through to get off TDRL status and return to duty. Many want to be retired, good luck. I was actually there for about 24 hours, but we will get to that. First, a timeline:

2012 -- (July) Motor vehicle accident, not my fault, sustained 2 broken legs and spine, left ankle & internals.
[If it had been my fault, perhaps it would have been a misconduct discharge but that depends. I had a friend who crashed his motorcycle and broke both arms, and he is still in and recuperated, gaining rank steadily.]
2013 -- (January) Removed from service and placed on TDRL
-- continue attending annual check-ups and used Tricare to attain the required 13 surgeries to stabilize my conditions --
2016 -- (June) I asked my civilian doctor to cut me loose (with documented recommendation to a future DoD doctor), and the DoD doctor I saw at my annual appointment told me he would submit me as Fit for Duty.
2017 -- (February) One night I couldn't sleep thinking about my future, so when the sun came up I called the Wounded Warrior battalion and talked to a PEBLO or somebody else in the office, asked them to make a note that I was still looking to hear back from the PEB about my case and that I wanted back in as I have for years.
A week later, the same scenario. Only when I call in this time, I was informed that my address had not been updated and the papers which had been mailed to me to sign and confirm my status refuting the PEB's determination of "still broken" had not been responded to and therefore I accepted their determination and was moved to the Permanent Retired List. I apologized and explained last week's phone call.
Luckily the people there really cared. The man I talked to had made a notation in my file that week prior when I called, and the woman I talked to that next week called me back an hour later, said she found my note and said all she could do was call Navy HQ to ask whether my papers had been filed and stored with Permanent Disability status. They had not, and she was able to locate and revoke them. She also said I had been mailed (to my old address) a severance check which, had it been cashed, would have meant I had accepted my status and that would be that. (So glad no one else found it and tried that either. Then I would be screwed and would have to deal with identity theft issues, so please note that the stars have really aligned to put me in this scenario.)
So my permanent disability paperwork was revoked, and instead -- with my signed admission to the PEB that I did not accept Unfit status or permanent disability retirement -- I was labelled as Fit for Duty and released from the PEB permanently. I am now a free agent and am talking to Prior Service recruiters to see what can be done with me in this market.

In conclusion, for all those who view this thread and have questions still, I may not respond so here is some advice.
1) Always update your addresses with Wounded Warrior Battalion and USMC HQ TDRL (cant tell you how many Google searches and wrong numbers I had to call to get this figured out, when I had them on my misplaced or carelessly-filed papers this whole time.)
2) Attend your appointments, and know if your goals are realistic or not. Doesn't matter what you want if you have sustained an injury that will eventually prove irreversible. That being said, do not give up either. Get a second opinion. Get nine opinions. Get a doctor who is willing to take chances, like mine was, and be ready to face pain and sacrifice. I have been laid up for years, one surgery after another. Then back to the gym again to get myself ready as much as I can before the next surgery gets in my way.
3) If you want to be Fit or Unfit, make certain that you have proof of your case to present in documented form to the PEB. I told them when I received my last Unfit packet that I had 2 years of digitized running records I could submit in a formal hearing if they wanted to take it that far. Not only that, but I can pick up any member of their team and squat him/her if necessary (perhaps this was arrogant overkill, but I was determined to win their favor.) With my proof, they threw up their hands and said "Fine, kid. Do whatever you want."

Good luck to you, if you ever read this.
 
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