PEB Forum Veteran
So I received my proposed rating from the VA through the Active Duty IDES (MEB) process. I was recommended to be placed on TDRL @ 50% from DOD with a future reexamination date. In the reviewer note it says "Chapter 35 is warranted as SM is P&T independent of conditions with future examinations" and SMC-K code. Does this mean I will retain my 100% rating, regardless of my future TDRL examination?
In reference to you specific inquiry, there isn't a simply "yes" or "no" answer since there are numerous stipulations which would need to be met by the DoD and DoVA in order to potentially implement any change of disability rating(s). That said, I would not assume that any DoD/DoVA disability rating shall be retained until the specific criteria (whereas change can't legally/officially occur) is ultimately achieved.
From my ongoing lengthy experiences with the DoD (Army) and DoVA VBA, any disability rating is subject to change unless certain criteria is met so that the disability rating(s) can't be changed. With an official DoVA 100% P&T disability rating, no future examinations are scheduled; therefore, changing the VA disability rating isn't feasible unless fraud is proven. Since the DoD disability rating is included in the combined DoVA disability rating, the combined DoVA disability rating can be subject to decrease upon recalculation if the DoD disability rating is lowered when on TDRL at least in my opinion.
As such, I would highly suggest that you remain "positive proactive" throughout your placement onto the TDRL to ensure an opportunity to receive the best DoD disability rating as feasibly possible in support of your TDRL's "permanent and unstable" (for rating purposes) medical condition's symptomology. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"