TDRL FPEB

A

Ahoover381

New Member
Registered Member
Good day,

USMC 6 yrs

Proposed ratings:
Found Unfit / TDRL
DOD 70 / VA 80
Combat Related Injury

Referred Conditions:
- TBI (Stable) 10
- PTSD (Unstable) 50
- Migraine (Stable) 30

Does anyone have any info as to why I would be placed on TDRL instead of PDRL? I understand I have an unstable condition, however even if that were 0%, I would meet the 30% requirement. Thank you to whoever has guidance.
 
PTSD has a law on the books that it will always be TDRL.

Section 4.129, "When a mental disorder that develops in service as a result of a
highly stressful event is severe enough to bring about the veteran's release
from active military service, the rating agency shall assign an evaluation
of not less than 50 percent and schedule an examination within the six month
period following the veteran's discharge to determine whether a change in
evaluation is warranted."

Other MH conditions can/may be PDRL.
 
KDawgie said:
PTSD has a law on the books that it will always be TDRL.

Section 4.129, "When a mental disorder that develops in service as a result of a
highly stressful event is severe enough to bring about the veteran's release
from active military service, the rating agency shall assign an evaluation
of not less than 50 percent and schedule an examination within the six month
period following the veteran's discharge to determine whether a change in
evaluation is warranted."

Other MH conditions can/may be PDRL.
Click to expand...

Thank you!

that makes a little more sense. Still a little strange. It could drop to 0 and I’d still be over that 30%, because they aren’t going to reevaluate my migraines I was told.
 
Your overall DoD combined rating could be lowered to 40 percent. The government loves to save money. Review your mental health rating and rating decision and make sure to provide the reviewing medical examiner all symptoms and limitations to maintain current rating or higher.
 
bjenk said:
Your overall DoD combined rating could be lowered to 40 percent. The government loves to save money. Review your mental health rating and rating decision and make sure to provide the reviewing medical examiner all symptoms and limitations to maintain current rating or higher.
Click to expand...
The 40% shouldn’t affect money though right? Unless I’m mistaken, it’s the 30% that determines severance vs retirement?

At this point, I don’t know if it’s worth requesting a formal board, as that was the main thing I was trying to fight for, the PDRL.

But my migraines should be 50% IMO. I miss work due to the migraines some weeks. Of course, that wasn’t in my record though when submitted to the PEB/VA. And I started Botox injections after my case was submitted as well.

This whole process is a headache.
 
Your High 3 x 70 percent retirement is higher than High 3 x 40 percent retirement. If the totals are more than your current VA disability rating, you will lose money. There are retirement computation SMEs on this site so you have to provide more data for them to give you an accurate analysis.
 
Seems that I need to do some research, because I have no clue what High 3 is. Thank you for the input!
 
Ahoover381 said:
Seems that I need to do some research, because I have no clue what High 3 is. Thank you for the input!
Click to expand...
Basically keep seeking treatment to ensure your rating stays the same. You need your total unfitting conditions to be higher than your longevity to keep your tax exempt status for having a combat related condition designated by the PEB. High 3 is typically your last 36 months added together and divided by 36. That is the base amount to multiply with your DOD %.
 
@Ahoover381

This video should clear up all your questions. I recorded it because I get so many cases like yours.

View: https://www.youtube.com/watch?v=HLtzNGeTg9A

I hope this helps.

S/f,

Joel

Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.
 
You must log in or register to reply here.
Top