TDRL

nakamurak002

Registered Member
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?
 

nakamurak002

Registered Member
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?
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
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?
TDRL has nothing to do with your ability to work. The issue with TDRL is "stability" of the condition as it impacts likelihood of increase or decrease in ratings over TDRL period. I think you may be thinking of 100% rating for Total Disability for Individual Unemployability, where you cannot work at "substantially gainful" activity (and, where work would matter).
 

nakamurak002

Registered Member
Jason, Thanks so much for your replies, Ill go buy a notebook and start documenting my migraines in it. Also, Thanks for the reply on TDRL. I don't anticipate 100 % . I only care about getting what i deserve..hoepully more than 30%. I am just worried that since I cant direct traffic or do other duties for extra pay due to my conditions that I will depend upon my military retirement now. And I don't want to lose that because I work in a field that people may think is really physical...I mean it is, but that's not what I will be doing as I take on more admin tasks.
 

Frank Lo...

Registered Member
I'm new to this so here goes. Question... What are the Negatives of being TRDL? what benefits are the government trying to hold out on/ keep from paying you?
 

Pony

PEB Forum Regular Member
I'm TDRL about to hit the 5 year mark. I was given the choice of doing a "Can Do" process where I get my doctor to write a letter and send all my medical docs; then, I would not have to go to an AF doctor for a final eval and I might have a quicker decision. If I chose to do the eval at the base, it will likely occur after I hit 5 years and my TDRL benefits will cease until my medical eval and IPEB finding. Does it make any difference to the IPEB? Does anyone have any experience with this?
 

WWS

Registered Member
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

PEB Forum Veteran
Registered Member
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.
Welcome to the PEB Forum! :)

Hmm, I'm also on Army TDRL. That said, indeed, it's a good question; therefore, I must defer to @Jason Perry, @maparker and/or other PEB Forum members with specific pin-pointed information. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

WWS

Registered Member
@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! :)
 

nwlivewire

PEB Forum Veteran
@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! :)

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
 

echofourLima

Registered Member
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
 

Warrior644

PEB Forum Veteran
Registered Member
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:
  • 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.
Note that the military service member's pay will be computed based on whichever Method is more beneficial.

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!
 

echofourLima

Registered Member
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:
  • 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.
Note that the military service member's pay will be computed based on whichever Method is more beneficial.

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!
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
I think you may not be tracking what the standards are for placement on TDRL.

This is from DoDI 1332.18:

1. INITIAL PLACEMENT ON THE TDRL
a. A Service member will be placed on the TDRL when the member meets the requirements for permanent disability retirement except that the disability is not determined to be stable but may be permanent. A disability will be determined stable when the preponderance of medical evidence indicates the severity of the condition will probably not change enough within the next 5 years to increase or decrease the disability rating percentage.
b. Service members with unstable conditions rated at a minimum of 80 percent that are not expected to improve to less than an 80 percent rating will be permanently retired."

Not sure how helpful the doctors letter would be based on this.
 

Warrior644

PEB Forum Veteran
Registered Member
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!
Indeed, you are quite welcome! :)

As written in DTM 11-015 Change 3, "PEB Disposition. If the PEB finds the TDRL Service member fit for duty for the condition(s) for which they were placed on the TDRL, that the condition(s) is now stable, and the TDRL Service member wishes to return to active duty, the Military Department concerned will administer any additional examinations required to evaluate whether the Service member is otherwise fit for duty according to the Military Department's regulations and the guidance in Reference (b). The Military Department will administer other dispositions in accordance with the guidance in Reference (b)."

Moreover, it's important to mention that any duration of time spent on TDRL shall count for military pay purposes only if the aforementioned dispositions are validated for a return to military active duty by the TDRL Service member.

In reference to the Navy Lawyer potentially not wanting to perform her legal duties, well I totally comprehend that situation since I had an Army Lawyer that did just that...what a worthless piece of feces! :mad: But, voicing my concerns to the HQ USAPDA Command Leadership and some other Legal organization that Jason Perry mentioned is still on my "things to do list" for personal satisfaction! ;)

That said, please never default acceptance to injustice; force the Navy Lawyer to perform her legal duties for sure...it's your husband's legal right while a participant within the DoD IDES process! Take care! :cool:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

WWS

Registered Member
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
Thank you for the reply, nwlivewire! We definitely wont be moving so there shouldn't be any complications with a bad address. Unfortunately, the VA cannot monitor my husband as closely as necessary so he has several specialists that coordinate his care. No worries though, I am a bit obsessed with keeping copies of his records current and together for whenever and whoever may need them. : ) I always try to stay on top of these things so he doesn't slip through the cracks but hearing that it could be three years was a bit disconcerting. I will have to try not to worry on it I suppose until he gets closer to that deadline. Thanks again.
 

natashad

Registered Member
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!
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
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!
Were any of your conditions combat related?

You should look to your orders placing you on PDRL for effective date.
 

Warrior644

PEB Forum Veteran
Registered Member
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!
Welcome to the PEB Forum! :)

Hmm, out of curiosity only and in addition to Jason Perry's comments above, did you agree with the "lowering" of your DoD (Navy) rating to 30% (e.g., did your re-evaluated medical evidence/documentation support the new rating percentage?) albeit a PDRL determination was adjudicated? Take care and enjoy life! :cool:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
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