BEST OPTION? TDRL 70% DOWNGRADED TO PDRL 30%.

youearnedit

PEB Forum Regular Member
Registered Member
Could someone answer my questions and recommend my best coars of action?
Situation: Marine Rating just downgraded:
Prior to the board: TDRL 70%//VA 70%
BIPOLAR DISORDER MIXED MODERATE TO SEVERE

After 18 months I was told that there was no need for a physical evaluation because "they found a VA evaluation." (not sure what that means... I put a claim in the VA for a skin disorder). A month later I receive the new PEB findings: PDRL 30%.

If I disagree with the findings, and request the PEB to reconsider, will their next decision be final?

I want them to reconsider, and if they don't put my rating back to 70%, I want a FPEB. Is this how it works?

I have a year's worth of civilian doctor records they do not have. I'm not sure if they have VA doc records. My meds were increased and I've had three more added. I have NO IDEA how they could've logically downgraded my rating.

1-If I elect for PEB to reconsider and they do not upgrade, can I still request a formal board?
2-Do they use AHLTA(Navy records system?). How do I know what they had?
3-How come they didn't give me a physical evaluation at the 18 month mark?.
4-How do I know what information they used?
5-Do they have access to VA records?
6-Were they supposed to put something in the COMMENTS section? Mine said nothing.

Please help. I'm confident in my case but I want to do this right.
 

Warrior644

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Could someone answer my questions and recommend my best coars of action?
Situation: Marine Rating just downgraded:
Prior to the board: TDRL 70%//VA 70%
BIPOLAR DISORDER MIXED MODERATE TO SEVERE

After 18 months I was told that there was no need for a physical evaluation because "they found a VA evaluation." (not sure what that means... I put a claim in the VA for a skin disorder). A month later I receive the new PEB findings: PDRL 30%.

If I disagree with the findings, and request the PEB to reconsider, will their next decision be final?

I want them to reconsider, and if they don't put my rating back to 70%, I want a FPEB. Is this how it works?

I have a year's worth of civilian doctor records they do not have. I'm not sure if they have VA doc records. My meds were increased and I've had three more added. I have NO IDEA how they could've logically downgraded my rating.

1-If I elect for PEB to reconsider and they do not upgrade, can I still request a formal board?
2-Do they use AHLTA(Navy records system?). How do I know what they had?
3-How come they didn't give me a physical evaluation at the 18 month mark?.
4-How do I know what information they used?
5-Do they have access to VA records?
6-Were they supposed to put something in the COMMENTS section? Mine said nothing.

Please help. I'm confident in my case but I want to do this right.
Welcome to the PEB Forum! :)

In reference to your specific inquiry, I shall offer the following responses:

Q1. If I disagree with the findings, and request the PEB to reconsider, will their next decision be final?
A1. From an U.S. Army perspective, the DoD LDES PEB decision becomes final after it's reviewed and approved by the Physical Disability Agency (PDA) [e.g., USAPDA].

Q2. I want them to reconsider, and if they don't put my rating back to 70%, I want a FPEB. Is this how it works?
A2. Indeed, if you disagree with the DoD LDES PEB's findings, then it would seem to be in your best interest to request a Formal PEB (FPEB) hearing at this point in time.

Q3. If I elect for PEB to reconsider and they do not upgrade, can I still request a formal board?
A3. Indeed, upon requesting a DoD LDES FPEB hearing, the PEB gets another opportunity to review you TDRL LDES case file. If they agree, then a new finding shall be issued by the LDES PEB. If they disagree, then your LDES PEB case file will be forwarded to the PDA for scheduling of the FPEB hearing.

Q4. Do they use AHLTA(Navy records system?). How do I know what they had?
A4. Indeed, they can obtain any military records since you previously signed a wavier at the beginning of the DoD IDES process. You can obtain all information which was in your LDES PEB case file from the newly assigned PEBLO while still on DoD TDRL.

Q5. How come they didn't give me a physical evaluation at the 18 month mark?
A5. Good question! Don't exactly know for sure albeit the PDA's are experiencing heavy LDES PEB case loads. Did you request an 18-month follow-up evaluation while on DoD TDRL from the PDA?

Q6. How do I know what information they used?
A6. As stated in A4 above, your newly assigned LDES PEBLO should be able to obtain any/all medical documentation used by the PDA to make a recommended finding of DoD 50% PDRL at this particular point in time.

Q7. Do they have access to VA records?
A7. Indeed, under a joint agreement, the PDA and VA can access medical records from each other albeit (as I am told)they may have limitations on exactly how much medical information they can retrieve.

Q8. Were they supposed to put something in the COMMENTS section? Mine said nothing.
A8. Hmm, what documentation are you referencing to with the COMMENTS section?

That all said, did you by chance have another DoVA C&P Exam for "BIPOLAR DISORDER MIXED MODERATE TO SEVERE" at any point in time AFTER you were officially placed onto the DoD military TDRL? Take care!

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

Best Wishes!
 

youearnedit

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

In reference to your specific inquiry, I shall offer the following responses:

Q1. If I disagree with the findings, and request the PEB to reconsider, will their next decision be final?
A1. From an U.S. Army perspective, the DoD LDES PEB decision becomes final after it's reviewed and approved by the Physical Disability Agency (PDA) [e.g., USAPDA].

Q2. I want them to reconsider, and if they don't put my rating back to 70%, I want a FPEB. Is this how it works?
A2. Indeed, if you disagree with the DoD LDES PEB's findings, then it would seem to be in your best interest to request a Formal PEB (FPEB) hearing at this point in time.

Q3. If I elect for PEB to reconsider and they do not upgrade, can I still request a formal board?
A3. Indeed, upon requesting a DoD LDES FPEB hearing, the PEB gets another opportunity to review you TDRL LDES case file. If they agree, then a new finding shall be issued by the LDES PEB. If they disagree, then your LDES PEB case file will be forwarded to the PDA for scheduling of the FPEB hearing.

Q4. Do they use AHLTA(Navy records system?). How do I know what they had?
A4. Indeed, they can obtain any military records since you previously signed a wavier at the beginning of the DoD IDES process. You can obtain all information which was in your LDES PEB case file from the newly assigned PEBLO while still on DoD TDRL.

Q5. How come they didn't give me a physical evaluation at the 18 month mark?
A5. Good question! Don't exactly know for sure albeit the PDA's are experiencing heavy LDES PEB case loads. Did you request an 18-month follow-up evaluation while on DoD TDRL from the PDA?

Q6. How do I know what information they used?
A6. As stated in A4 above, your newly assigned LDES PEBLO should be able to obtain any/all medical documentation used by the PDA to make a recommended finding of DoD 50% PDRL at this particular point in time.

Q7. Do they have access to VA records?
A7. Indeed, under a joint agreement, the PDA and VA can access medical records from each other albeit (as I am told)they may have limitations on exactly how much medical information they can retrieve.

Q8. Were they supposed to put something in the COMMENTS section? Mine said nothing.
A8. Hmm, what documentation are you referencing to with the COMMENTS section?

That all said, did you by chance have another DoVA C&P Exam for "BIPOLAR DISORDER MIXED MODERATE TO SEVERE" at any point in time AFTER you were officially placed onto the DoD military TDRL? Take care!

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

Best Wishes!
That was fantastic information! Thanks! I found out they used 4 video teleconferenced apt's from VA that I only go to for meds. I have two other doctors. Civilian and one at the Navy hospital that enters everything into AHLTA. I've prepaired a 3 page statement, will get statements from both doctors, and my wife. I'm putting all my cards on the table. I've had 19 apt's with my civilian doctor. I've had four new medications added and my primary med has increased. I'm just confused how they could possibly downgrade me from 70 to 30? This must be some sort of clerical 'laziness'.

By "comments" section, I meen the comments section on the "Findings of PEB Procedings" page. I've received zero information for why they'd do this. I truley think this was an off day for them, or they just didn't get the info. Maybe they didn't look at AHLTA records since my discharge. It's also ironic that the VA still has me at 70% but they used the VA to decide to lower. I'm not mad, I'm not emotional, I just want them to have the facts so they can see what they saw when the ended my career. I feel like they did an old union trick, promise this pension to get fired, then take it away later on.

Would you suggest going to arrange a new doctor for an exam and place that in my file as well? Do you think that me providing all this new information will sort of 'put them off' and will convince them to not review and send it to a formal board? Either way, I'm feeding the beast. What you do for disabled veterans is great. You are a good person.

Q:did you by chance have another DoVA C&P Exam for "BIPOLAR DISORDER MIXED MODERATE TO SEVERE" at any point in time AFTER you were officially placed onto the DoD military TDRL?
A: No, they told me this was not an option because USMC Manpower sent them VA records. They wouldn't even take new info I offered. So strange.
 

Warrior644

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
That was fantastic information! Thanks! I found out they used 4 video teleconferenced apt's from VA that I only go to for meds. I have two other doctors. Civilian and one at the Navy hospital that enters everything into AHLTA. I've prepaired a 3 page statement, will get statements from both doctors, and my wife. I'm putting all my cards on the table. I've had 19 apt's with my civilian doctor. I've had four new medications added and my primary med has increased. I'm just confused how they could possibly downgrade me from 70 to 30? This must be some sort of clerical 'laziness'.

By "comments" section, I meen the comments section on the "Findings of PEB Procedings" page. I've received zero information for why they'd do this. I truley think this was an off day for them, or they just didn't get the info. Maybe they didn't look at AHLTA records since my discharge. It's also ironic that the VA still has me at 70% but they used the VA to decide to lower. I'm not mad, I'm not emotional, I just want them to have the facts so they can see what they saw when the ended my career. I feel like they did an old union trick, promise this pension to get fired, then take it away later on.

Would you suggest going to arrange a new doctor for an exam and place that in my file as well? Do you think that me providing all this new information will sort of 'put them off' and will convince them to not review and send it to a formal board? Either way, I'm feeding the beast. What you do for disabled veterans is great. You are a good person.

Q:did you by chance have another DoVA C&P Exam for "BIPOLAR DISORDER MIXED MODERATE TO SEVERE" at any point in time AFTER you were officially placed onto the DoD military TDRL?
A: No, they told me this was not an option because USMC Manpower sent them VA records. They wouldn't even take new info I offered. So strange.
Thanks, I truly appreciate the favorable comments! ;)

Indeed, it would seem highly unusual for the PEB to not accept any new medical documentation/evidence; I can't say why unfortunately.

In reference to obtaining additional medical evidence/documentation in support of your medical condition could potentially result in a favorable outcome or an unfavorable outcome in my opinion. Have you discussed such action(s) with an attorney for legal advise at this point in time?

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

Best Wishes!
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
As a practical matter, do you receive compensation from the VA, DoD, or both? Will a 30% PDRL rating impact you and your family negatively?

I was 50% DoD and placed on TDRL. After my first re-eval, I was offered 40% PDRL. I wanted to fight it; however, my wife was the voice of reason. I lost no income by accepting the reduction (VA was and is higher), and it allowed me to move on with my life.

Other factors are involved, but for me, giving up the fight (knowing my family had Tricare for life) was worth it. I could finally breath...walk away from the DoD and focus on only the VA.

Look at the numbers!
 

youearnedit

PEB Forum Regular Member
Registered Member
There is a significant decrese in pay. I always live by simple logic: My career was ended. I was retired and the PEB determined 70%. Now it's like... oh hey ... we ended your career and made you an offer to retire. Now we are reneging on our support. If I have the same condition with the same impacts on private/personal life, there is no question about fighting this. Especially when the board did not have any civilian records, nor did I get an exam. We all must stand up to be recognized. This was my career that ended. We'll see. I'll let you know how it turns out.
 

youearnedit

PEB Forum Regular Member
Registered Member
I resubmitted my request and the PEB kicked it back unchanged. Still 30%. Odd thing is that the lady who receives the mail mentioned how she got the mail on 1 December. The board conveined on 1 December as well. I have doubts that they even read your new information. So now it's time for FPEB.
 
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