DOD 80% TDRL; 100% VA Appeal Question

Good evening
After initially receiving a 10% DOD 100%VA rating, I submitted a VARR and was properly awarded an 80% DOD/100% VA rating. The problem is that I was placed on TDRL. My unfitting condition is narcolepsy and I have upwards of 10 narcoleptic episodes a week and have been on a constant medicine regimen for 3 years. I have spoken to my service sleep doctor and he fully believes that my condition is stable and permanent. What are my options? He is more than willing to write a memorandum stating that I am stable and permanent. Would it be a good idea to select "I do not concur but waive a formal hearing" and submit a statement from my meb lawyer and the memorandum from my doc? Is this ever successful? I appreciate all your help!
 
Good evening
After initially receiving a 10% DOD 100%VA rating, I submitted a VARR and was properly awarded an 80% DOD/100% VA rating. The problem is that I was placed on TDRL. My unfitting condition is narcolepsy and I have upwards of 10 narcoleptic episodes a week and have been on a constant medicine regimen for 3 years. I have spoken to my service sleep doctor and he fully believes that my condition is stable and permanent. What are my options? He is more than willing to write a memorandum stating that I am stable and permanent. Would it be a good idea to select "I do not concur but waive a formal hearing" and submit a statement from my meb lawyer and the memorandum from my doc? Is this ever successful? I appreciate all your help!

Is the narcolepsy the only unfitting condition? What did the PEB (and the MEB NARSUM) state about the stability of each of your unfitting conditions?
 
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Here is what the PEB said. The excerpt from the VA is not based on anything whatsoever on my record. I literally have no idea where they pulled that from. Both a neurologist and my sleep doctor have said it's permanent and will not change.

And yes narcolepsy is my only unfitting.
 
View attachment 3454

Here is what the PEB said. The excerpt from the VA is not based on anything whatsoever on my record. I literally have no idea where they pulled that from. Both a neurologist and my sleep doctor have said it's permanent and will not change.

And yes narcolepsy is my only unfitting.

From what you have stated, I think you may have a very hard time getting the TDRL determination (vice PDRL) overturned.

Understand, there is a difference between the medical term and the PEB term "stable." Medically, it may be that your condition is stable. However, for PEB purposes, the question is whether or not, over the three year max TDRL term- or any remaining time on the TDRL, there is a probability that your condition will EITHER worsen OR improve to a degree to make a difference for rating purposes. It may be that your condition will not change. However, this standard is difficult to challenge and TDRL determinations are rarely overturned.

I am not saying that you should definitely not fight this. I am stating that it is a very difficult issue to get a TDRL determination changed to a PDRL.

Hope this helped! Best of luck!
 
Jason
I assumed as much. I am confident it will all buff out in the end. I really appreciate your input and your amazing work you do for us all!
 
Follow up to yesterday. I just looked at my NARSUM. It states in my NARSUM that "it is doubtful that the soldier's condition will not significantly worsen or improve over the next 3 years". Does this change the calculus at all?
 
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