DoD 90% TDRL VA 100% p&t - appeal?

VisiblyHealthyGlow

PEB Forum Regular Member
Registered Member
I need help with the outcome of my MEB. I have an appointment to sign 199 on tuesday and think I want to appeal -

The reasons given for TDRL: . 1a, this disability is unstable because the medical evidence supports there is at least a 50/50 chance that within the next three years this condition will probably change enough to change the disability rating. This is based on the following: Per the NARSUM, ongoing physical therapy and pessary use was recommended until she was sure she was done having children; surgery was also offered as an option but the Soldier wished to delay. Per the medical literature, UpToDate - After surgery, symptoms of fecal incontinence generally improve with all procedures.

I would prefer not to have surgery because I’m not done having kids and all 3 surgical opinions have stated that a pregnancy after the repair would cause catastrophic damage.

However, o don’t want to mess up getting PDRL later on. I’d also strongly prefer to not have another c&p exam.

Questions:

1. Will the TDRL re-exam affect VA rating 100 P&t? My referred conditions are all “unstable” and are rated at 60, 60, and 30.
For Va, I have those three and a 30, 30, 20, 20, and 14x10s.

2. Can I appeal a rating for a higher one with the VARR and will this jeopardize all of my ratings?

3. Should I not be so concerned about the tarp/park distinction? The difference is about $700 more on PDRL because my DoD $ is more than 100% VA.

Thank you for any input!
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
Re: “Should I not be so concerned about the tarp/park distinction? The difference is about $700 more on PDRL because my DoD $ is more than 100% VA.”

If you did not know previously, the residual retired pay is kept by the retiree. In other words, in a CH 61 case and the retired pay is $700 more than the amount of VA compensation, the retiree receives the VA comp from the VA + $700 from DFAS.

Ron
 

VisiblyHealthyGlow

PEB Forum Regular Member
Registered Member
Thank you Ron, I need those 700 dollars! I’m more concerned that the future re-evals will cause the rating to drop, impacting the $700 - or if the result is below 30%, impacting VA monthly payments due to severance pay recoupment.

Any idea how often folk are successful at the initial appeal tdrl—>pdrl?
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
Thank you Ron, I need those 700 dollars! I’m more concerned that the future re-evals will cause the rating to drop, impacting the $700 - or if the result is below 30%, impacting VA monthly payments due to severance pay recoupment.

Any idea how often folk are successful at the initial appeal tdrl—>pdrl?
Unfortunately, my expertise is primarily finance-related. I had a regular 20 year + AD retirement.
@chaplaincharlie would be my recommendation for a good answer.

Good luck,
Ron
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
I need help with the outcome of my MEB. I have an appointment to sign 199 on tuesday and think I want to appeal -

The reasons given for TDRL: . 1a, this disability is unstable because the medical evidence supports there is at least a 50/50 chance that within the next three years this condition will probably change enough to change the disability rating. This is based on the following: Per the NARSUM, ongoing physical therapy and pessary use was recommended until she was sure she was done having children; surgery was also offered as an option but the Soldier wished to delay. Per the medical literature, UpToDate - After surgery, symptoms of fecal incontinence generally improve with all procedures.

I would prefer not to have surgery because I’m not done having kids and all 3 surgical opinions have stated that a pregnancy after the repair would cause catastrophic damage.

However, o don’t want to mess up getting PDRL later on. I’d also strongly prefer to not have another c&p exam.

Questions:

1. Will the TDRL re-exam affect VA rating 100 P&t? My referred conditions are all “unstable” and are rated at 60, 60, and 30.
For Va, I have those three and a 30, 30, 20, 20, and 14x10s.

2. Can I appeal a rating for a higher one with the VARR and will this jeopardize all of my ratings?

3. Should I not be so concerned about the tarp/park distinction? The difference is about $700 more on PDRL because my DoD $ is more than 100% VA.

Thank you for any input!
A VARR should not affect the other two referred conditions because they are only viewing evidence available at time of rating and whether or not there was an error in the rating percentage.

Do you have evidence to support the next higher rating percentage?

Additionally, will requesting a VARR actually even get you to the 95% threshold to be rated at 100? A rating of 60, 60, 30 rounds up to 90%

Let’s say for arguments sake that you request a VARR and the rating for the 30% condition is bumpedto 50%, that would round down to 90% which is no real increase.

Additionally, additionally I am not sure where there would be a financial benefit to even be had since the max DoD payout is 75% of your retired pay base (which will be offset by your VA C&P award).
 

VisiblyHealthyGlow

PEB Forum Regular Member
Registered Member
I should have been more clear! I’m thinking about an FPEB appeal of the (unstable status) TDRL recommendation.

I have the max scheduled ratings for three referred conditions - a 60, 60, 30.

I was thinking of a VARR to buy a little time and to get a PTSD rating bumped up, possibly. I’m not sure if that even makes sense because the referred ratings are so good -

What I would prefer to do is ease the uncertainty of having to get a follow up done by new doctors (my husband is still in and we will PCS in May) for January 2021. I’d like this to be settled so that I can move on. The justification would be the fact that the surgery they recommend changes my body in a way that makes childbearing impossible - and I’m not going to be ready to make that change in the near future (not for another 6 years or so...) so I’m not sure if I could successfully argue that because without surgery the disability is not getting any better (or worse)

Thank you for posting! This stuff plays on my mind and having a sounding board is really helpful.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
The surgery should not be as of a concern since it is elective in nature. Typically after a surgery you would expect to see improvement and a ratings decrease.

Since your husband is still active duty you should have access to fertility clinic to assist with childbearing if desired.

Your rating for the gyn condition is based upon your DBQ in the present. The PEB does not work on fortune telling, thus the TDRL status.

The VARR for BH is most likely out of the question because the 30% rating you would have is most likely derived from the DBQ and the next higher rating is 50%.

You are not going to get PDRL with a BH condition at 30% because there is a great probability that the condition will change (either for the better or worse) in the next three years.

You have nothing to gain by requesting a VARR or FPEB, in my opinion and should accept the findings, get your DD214 and work on getting healthy.
 
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