Getting a job while on TDRL

[unknown_user]

Good morning,

I medically retired from the Air Force in September of 2024. Currently rated 100% thru VA, 80% DoD, and I'm trying to get back into law enforcement as a civilian w/in the Air Force. Does this affect going back into law enforcement in regards to getting placed on PDRL when my reevaluation comes up?

My main priority is keeping Tricare Select since the civilian medical insurance is pretty costly among the other benefits that I get. Anyone have any experience with this before?

Currently, I'm staying with my parents until I get everything squared away to move out of state. I'm also going through some physical therapy on my knee. I should be correct that, to my knowledge, I am not 100% Permanent and Total from the VA.

Is there anything important that I should know?

Thanks!

 

[chaplaincharlie]

You can work while on TDRL. Your reevaluation will be based on meeting military standards, not civilian.

 

[Provis]

Good morning,

I medically retired from the Air Force in September of 2024. Currently rated 100% thru VA, 80% DoD, and I'm trying to get back into law enforcement as a civilian w/in the Air Force. Does this affect going back into law enforcement in regards to getting placed on PDRL when my reevaluation comes up?

My main priority is keeping Tricare Select since the civilian medical insurance is pretty costly among the other benefits that I get. Anyone have any experience with this before?

Currently, I'm staying with my parents until I get everything squared away to move out of state. I'm also going through some physical therapy on my knee. I should be correct that, to my knowledge, I am not 100% Permanent and Total from the VA.

Is there anything important that I should know?

Thanks!

It all depends on the conditions that put you on TDRL. If for example the condition is mental health then expect your DOD% to go down if you hold a job. Since holding a job would show yor symptoms are less severe. I have always been the proponent to keep everything the same until you can get put on PDRL which no changes to your conditions. Once the condition are PDRL go do whatever you want and you won't have to worry about your compensation or benefits changing later down the line. It's possible to go from medically retired TDRL to medically separated with severance if your TDRL condition is changed to below 30% and put on PDRL. The same thing can happen if you don't continue to seek treatement. Using mental health for example, if you stop going to counseling and taking medication the military will assume you are all better and change your % to 0% PDRL and you lose tricare. Remember TDRL is judged only by your branch of service. The VA has no say in it. As @chaplaincharlie said earlier.

 

[AirJumper]

Good morning,

I medically retired from the Air Force in September of 2024. Currently rated 100% thru VA, 80% DoD, and I'm trying to get back into law enforcement as a civilian w/in the Air Force. Does this affect going back into law enforcement in regards to getting placed on PDRL when my reevaluation comes up?

My main priority is keeping Tricare Select since the civilian medical insurance is pretty costly among the other benefits that I get. Anyone have any experience with this before?

Currently, I'm staying with my parents until I get everything squared away to move out of state. I'm also going through some physical therapy on my knee. I should be correct that, to my knowledge, I am not 100% Permanent and Total from the VA.

Is there anything important that I should know?

Thanks!

Your re-eval will be no less than 18 months down the road and only for the condition(s) that your MEB feels might improve or get worse in the near future. You will be able to work while on TDRL since your MEB is specifically for Service Job duties and responsibility's at your current rank/grade and re-training/job reclassification is not an option.
Just know that when you do have a re-eval they "might" ask you what your current employment job duties are so pick your words carefully if you want to transition to PDRL, or explain how great your feeling and that your body/mind has recovered and your ready to return to duty... and back you go to active duty. You did not mention how many active years you have completed so it's hard to judge your intentions on this issue in more detail.

Your question is unclear on "affect going back into law enforcement". I would assume you will disclose your medical status during your application process and it would be up to the law enforcement agency to determine if you meet job qualifications and that TDRL or PDRL has no effect with the agency. Just mean you might have to terminate employment if you are returned to military duty to finish out your enlistment.

For me specifically and from my military peers that have also transition from TDRL to PDRL is that during re-eval the doctor is going to ask if your intent is wanting to return to duty or not and that in our cases the doctor facilitated our intent if they felt either way on our medical status during the re-eval.

Good Luck!

 

[PolloxTroy08]

To add on to what Provis said, this is what a highly regarded attorney who specializes in the matter has stated:

Preparing for MH/PTSD Review Exams while on the TDRL​

If you have been placed on the TDRL for MH/PTSD, you may expect to be subject to a review exam within the first six months after your retirement. To remain on the TDRL or be permanently retired, it is imperative that you can demonstrate that you are being seen on a regular basis by a therapist- preferably a clinical psychologist or a social worker. “On a regular basis” means seeing a therapist at least twice a month, while seeing a psychiatrist at least quarterly for medication management. Otherwise, you will be viewed as being managed by medication alone and will see your rating reduced to 10% disabling. I prefer that my clients see Tricare providers vice VA providers. Why? Simply put, it is easier to change providers with Tricare if you do not like your therapist. This is much harder to do in the VA system. In addition, VA clinicians are now prohibited from completing DBQ forms unless it is part of a VA C&P Exam. By comparison, you can have a Tricare provider complete DBQ forms so that you can take them to your TDRL review exam along with that provider’s records. This makes it very hard for the TDRL exam provider to assess you as being less impaired than your own provider’s well-documented records. In addition, some services will accept these forms in lieu of a TDRL review exam. This places us in the driver’s seat and dramatically increases our odds of having you permanently retired after your first exam.

 

[JoelPettit]

@SFStell

@Provis makes a good point. In a nutshell, the category or field of civilian job can be meaningless when considering the likelihood of a TDRL to PDRL transition. The PEB will always look at functional impact. For example, if you were a STO in the Air Force, but then take a job at USSOCOM as an intelligence analyst, both may technically be in special operations, but the functional requirements are drastically different. Conversely, if you were in Security Forces in the Air Force, then take a job with FBI police doing essentially the same job, the argument for remaining unfit for specific duties may be harder to make. Still, the FBI police may offer accommodations that the Air Force could not, and that's why you can do the FBI police work but not the USAF Security Forces duties.

Just keep in mind that the PEB's analysis must always focus on functional impact; hence, PEB's in all Services generally embrace the Stoic mantra: actions speak louder than words.

Of course, I am not commenting on your disability ratings, because, although the it has the power to issue you it's own DoD disability rating during the TDRL re-adjudication process, the Air Force (along with the other Services) have recently been hesitant to deviate from the VA's disability rating percentage if the rating was issued within a year or so of the TDRL reexamination. This is even truer if the VA conducted your TDRL reexamination.

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.

 

[unknown_user]

I appreciate everyone's insight on my question. I was medically retired for Major Depression and Generalized Anxiety and knee issues (my kneecap kept dislocating even after surgery) from my job as a Security Forces Police Officer. I was AD for 4 years, 2 months and 23 days. I am going to mental health therapy through the VA just because I am comfortable with my therapist and I figured that it would be easier for the reevaluation board to get easier access to the notes if they decided to read over them. I have been prescribed 4-5 different antidepressants already and none of them have worked or they have made it worse. I also get horrible sleep and it started when I was active duty ( I got a sleep study when I was still AD) and now i am going through the VA to get a APAP as of last week.

@SFStell

@Provis makes a good point. In a nutshell, the category or field of civilian job can be meaningless when considering the likelihood of a TDRL to PDRL transition. The PEB will always look at functional impact. For example, if you were a STO in the Air Force, but then take a job at USSOCOM as an intelligence analyst, both may technically be in special operations, but the functional requirements are drastically different. Conversely, if you were in Security Forces in the Air Force, then take a job with FBI police doing essentially the same job, the argument for remaining unfit for specific duties may be harder to make. Still, the FBI police may offer accommodations that the Air Force could not, and that's why you can do the FBI police work but not the USAF Security Forces duties.

Just keep in mind that the PEB's analysis must always focus on functional impact; hence, PEB's in all Services generally embrace the Stoic mantra: actions speak louder than words.

Of course, I am not commenting on your disability ratings, because, although the it has the power to issue you it's own DoD disability rating during the TDRL re-adjudication process, the Air Force (along with the other Services) have recently been hesitant to deviate from the VA's disability rating percentage if the rating was issued within a year or so of the TDRL reexamination. This is even truer if the VA conducted your TDRL reexamination.

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.

To add on to what Provis said, this is what a highly regarded attorney who specializes in the matter has stated:

Preparing for MH/PTSD Review Exams while on the TDRL​

If you have been placed on the TDRL for MH/PTSD, you may expect to be subject to a review exam within the first six months after your retirement. To remain on the TDRL or be permanently retired, it is imperative that you can demonstrate that you are being seen on a regular basis by a therapist- preferably a clinical psychologist or a social worker. “On a regular basis” means seeing a therapist at least twice a month, while seeing a psychiatrist at least quarterly for medication management. Otherwise, you will be viewed as being managed by medication alone and will see your rating reduced to 10% disabling. I prefer that my clients see Tricare providers vice VA providers. Why? Simply put, it is easier to change providers with Tricare if you do not like your therapist. This is much harder to do in the VA system. In addition, VA clinicians are now prohibited from completing DBQ forms unless it is part of a VA C&P Exam. By comparison, you can have a Tricare provider complete DBQ forms so that you can take them to your TDRL review exam along with that provider’s records. This makes it very hard for the TDRL exam provider to assess you as being less impaired than your own provider’s well-documented records. In addition, some services will accept these forms in lieu of a TDRL review exam. This places us in the driver’s seat and dramatically increases our odds of having you permanently retired after your first exam.

Your re-eval will be no less than 18 months down the road and only for the condition(s) that your MEB feels might improve or get worse in the near future. You will be able to work while on TDRL since your MEB is specifically for Service Job duties and responsibility's at your current rank/grade and re-training/job reclassification is not an option.
Just know that when you do have a re-eval they "might" ask you what your current employment job duties are so pick your words carefully if you want to transition to PDRL, or explain how great your feeling and that your body/mind has recovered and your ready to return to duty... and back you go to active duty. You did not mention how many active years you have completed so it's hard to judge your intentions on this issue in more detail.

Your question is unclear on "affect going back into law enforcement". I would assume you will disclose your medical status during your application process and it would be up to the law enforcement agency to determine if you meet job qualifications and that TDRL or PDRL has no effect with the agency. Just mean you might have to terminate employment if you are returned to military duty to finish out your enlistment.

For me specifically and from my military peers that have also transition from TDRL to PDRL is that during re-eval the doctor is going to ask if your intent is wanting to return to duty or not and that in our cases the doctor facilitated our intent if they felt either way on our medical status during the re-eval.

Good Luck!

It all depends on the conditions that put you on TDRL. If for example the condition is mental health then expect your DOD% to go down if you hold a job. Since holding a job would show yor symptoms are less severe. I have always been the proponent to keep everything the same until you can get put on PDRL which no changes to your conditions. Once the condition are PDRL go do whatever you want and you won't have to worry about your compensation or benefits changing later down the line. It's possible to go from medically retired TDRL to medically separated with severance if your TDRL condition is changed to below 30% and put on PDRL. The same thing can happen if you don't continue to seek treatement. Using mental health for example, if you stop going to counseling and taking medication the military will assume you are all better and change your % to 0% PDRL and you lose tricare. Remember TDRL is judged only by your branch of service. The VA has no say in it. As @chaplaincharlie said earlier.

You can work while on TDRL. Your reevaluation will be based on meeting military standards, not civilian.

 

[Provis]

I appreciate everyone's insight on my question. I was medically retired for Major Depression and Generalized Anxiety and knee issues (my kneecap kept dislocating even after surgery) from my job as a Security Forces Police Officer. I was AD for 4 years, 2 months and 23 days. I am going to mental health therapy through the VA just because I am comfortable with my therapist and I figured that it would be easier for the reevaluation board to get easier access to the notes if they decided to read over them. I have been prescribed 4-5 different antidepressants already and none of them have worked or they have made it worse. I also get horrible sleep and it started when I was active duty ( I got a sleep study when I was still AD) and now i am going through the VA to get a APAP as of last week.

Getting tricare for life for you and your family is worth a small fortune so I would seek treatment and not make any changes right now. I would not work or go to school. Too risky! Getting to PDRL with 30% rating is worth more than you know. Also, many do try to work and then their ratings get lowered. Most of the time the jobs don't work out but by then its too late. Your branch has decided your 10% PDRL and you lose Tricare which is by far the most valuable part of being medically retired especially for those who didn't serve very long. Its worth it to keep everything steady and live off of your VA compensation until your branch changes your condition to PDRL.

Also, seeking treatment at the VA is perfect! Your branch can see all of your VA records and its very possible that they will be able to determine if you can be put on PDRL without needed you to come in person for an exam.

 

[unknown_user]

Getting tricare for life for you and your family is worth a small fortune so I would seek treatment and not make any changes right now. I would not work or go to school. Too risky! Getting to PDRL with 30% rating is worth more than you know. Also, many do try to work and then their ratings get lowered. Most of the time the jobs don't work out but by then its too late. Your branch has decided your 10% PDRL and you lose Tricare which is by far the most valuable part of being medically retired especially for those who didn't serve very long. Its worth it to keep everything steady and live off of your VA compensation until your branch changes your condition to PDRL.

Also, seeking treatment at the VA is perfect! Your branch can see all of your VA records and its very possible that they will be able to determine if you can be put on PDRL without needed you to come in person for an exam.

I was reading up on "Sabo v. UNITED STATES" it says "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 as-sign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran’s discharge to deter-mine whether a change in evaluation is warranted."

Does this mean I have to wait 6 months from the date of when I get out. I retired September 2024 and so that means I will get reevaluated in March of 2025?
I keep hearing from other people that it was 18 months and other people say it was 3 years and some other say 6 months. I just want to make sure when i should look for the my reevaluation.

 

[Provis]

I was reading up on "Sabo v. UNITED STATES" it says "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 as-sign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran’s discharge to deter-mine whether a change in evaluation is warranted."

Does this mean I have to wait 6 months from the date of when I get out. I retired September 2024 and so that means I will get reevaluated in March of 2025?
I keep hearing from other people that it was 18 months and other people say it was 3 years and some other say 6 months. I just want to make sure when i should look for the my reevaluation.

None of the regs have any consequences if not followed. So it should be 6 months but a lot of branches are behind and it can take much longer. If you hit 18 months without having them do the exam you need to reach out to your branch. If you reach 36 months without the exam you fall of TDRL and lose everything even if its the military's fault

 

[popnik]

I was reading up on "Sabo v. UNITED STATES" it says "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 as-sign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran’s discharge to deter-mine whether a change in evaluation is warranted."

Does this mean I have to wait 6 months from the date of when I get out. I retired September 2024 and so that means I will get reevaluated in March of 2025?
I keep hearing from other people that it was 18 months and other people say it was 3 years and some other say 6 months. I just want to make sure when i should look for the my reevaluation.

VA reevaluated my PTSD about 9 months in. Got decision at 12 months post TDRL.... reached out to the TDRL office with VA paperwork and they started DOD reeval... 4 months counting as it was sent to the board for decision.

Reality is its a crapshoot. You can always bug DOD if you have updated paperwork from VA.