HELP! Should I take TDRL

Sorry, Quick background before the Question:

I am A Marine Sgt, 0311/0321, enlisted in the Reserves shortly before 9/11.... Post 9/11 I've been active duty for just under 6 years.

The last 2 years they had me on LOD orders (Which I understand they shouldn't have done.... water under the bridge) CONTINUAL pay problems... over 6.5 months without pay, (Requested mast to the General of 4th Mar Div to get THAT one squared away)

Havn't been paid since that $18,065 paycheck Oct 30... but they are working on it.

Amoung other things they've ****ed up...

My PEB package was sent in w/o me seeing it... and had, incorrect:
Rank, Lenght of service, injuries, and ICD9 codes.

It was recognised that Disability incured while entitled to recieve basic pay, not my fault, may be permanant etc...

0%

I appealed.

They said I hadn't... I had coppies... THey STILL said I hadn't.

I brought my COngresscritter the coppies... they listened, and admited I had appealed, and in a timely manner.

I am slated to fly to DC for my Formal board on the 17th.

I talked to my JAG (Up there) for the 1st time yesterday and faxed him the 'latest and greatest' medical reports.

(I have ****ed up feet, 3 surgeries, $400 orthodics, and a lifelong Narcodics perscription... at the end of meidcal science I can walk around for 3-3.5 hours.
^ That's from Iraq (Injury, not wound)

Following the 3rd surgery I was rearended sitting at a redlight on my way to noon chow.

Neck pain, chiropractors, PT etc.... Then they dump me into LOD status and Purgatory begins. Skipping the fun parts... The VA did the tests to show I have nerve dammage in nerves C5, C6, C7 in both arms.

THis is part of what I sent to the JAG.

I got this E-mai lthis evening When I checked:

SGT "Nomad",

With the information you faxed me earlier today, I was able to negotiate a
re-reconsideration for your medical conditions. The board will be willing
to rate you at 30% for your combination of conditions. With this rating,
you would be placed on the TDRL, where you would be paid 50% of your base
pay and maintain retirement medical benefits. I think this is a good
outcome, one that you should accept.

I will send the paperwork to this email address tomorrow. If you have any
questions, please do not hesitate to ask.

I replied:

Sir, I am inclined to accept. I will need to consult with a local JAG about the Long term details of TDRL.
I will arrange it following recept of the paperwork.

Thank you VERY much for your assistance in this matter.

Sgt

$'s nice, but my main goal is the Tricare.

My Question is.... should I take it and run (Figuratively... I doubt I could run 1/2 mile) Or go to the Formal board on the 17th?

Is it likely/possible that it could be made permanant if I did the formal board? (My injuries are such that they are likely to worsen, not become better. but I've heard horror stories about people getting ****ed over once they were on TDRL... and only haveto look back (Or look at the 4.5 months of pay they owe me to know what can happen.)


Thank you for any advice.

 

[robs42]

nomad,

1'st off welcome. sorry to hear about your issues. my whole process has been similar. as far as the rating, it's a plus that you are over 30%. i am expecting about the same rating to come back w/my PEB. will i fight it? yes. me personally, i'd rather take my chance w/the formal, unless it comes back on the high side. i doubt it, but you never know. either way i'm going to keep fighting, even on the VA side of the house. don't give up. i know how frustrating this whole process is. good luck and keep us updated.

 

[Nomad 2nd]

nomad,

1'st off welcome. sorry to hear about your issues. my whole process has been similar. as far as the rating, it's a plus that you are over 30%. i am expecting about the same rating to come back w/my PEB. will i fight it? yes. me personally, i'd rather take my chance w/the formal, unless it comes back on the high side. i doubt it, but you never know. either way i'm going to keep fighting, even on the VA side of the house. don't give up. i know how frustrating this whole process is. good luck and keep us updated.

It's been a long fight and I'm trying to make sure I don't grab the pot of gold just to have it vanish 1 year to 18 months later...

I'll accept 30% from a $ standpoint, it's the Tricare that matters to me as I am uninsurable.

My immediate concern/question is: Take the deal, or keep fighting and go to the formal PEB on the 17th...?

(I mean, if they already justified a TDRL 30%... Are they really gonna be able to justify reducing it???)

If they offered me a locked on 30% or even a TDRL from a $ standpoint and locked on tricare... I'd grab it!

Somebody throw me a line here!

 

[Shamus62]

Nomad,
My experience is only from the Army MEB/PEB side, but I think things are similar enough to feel comfortable offering my opinion. Its hard to say what is fair rating without being able to see the specifics of your case, but going from 0% to 30% at least provides you with the aftercare you need when you get out. The VA will also rate you, and that rating can be adjusted as your condition potential progresses. As for the TDRL, I'm personally wary of it, if only because a re-eval means they get another look (and another interpretation of the facts, maybe good, maybe bad) but in a well supported case, its likely to remain the same or even improve your rating. You have to weight that "bird in the hand", vs. "two in the bush", and in this case, you have nothing in your hand (0%), vs. 30% (or 50% til its determined to be stable).

I'd go with the 30% and TDRL if it was me. Good luck, and have a good one!

 

[jackgately]

Nomad,

1. I am on the road on a family emergency, so I will make this quick.

2. Your local Navy/Marine JAG will not have a clue about the PEB system unless he or she has been detailed as counsel to it on a previous tour.

3. As it has been more than five years since both Navy panels were consolidated into one at the Navy Yard, this means that he or she would have to have been assigned to the NLSO at the Yard in order to have this experience.

4. FYI, attorneys who are not assigned to PEB duties are actually not allowed to give this advice in the Navy system.

5. A re-recon is a uniquely Navy feature that means that your JAG reviewed the working card of the Informal Panel in light of your new evidence and ran it by the medical officer on the panel. If he or she bought off on it, then the other two Informal panel members would too.

6. It is very rare to get the PDRL on a re-recon unless it is a TDRL review case.

7. No one has seen your case file other than you, your counsel and the Informal Panel, thus it is hard for anyone here to offer advice.

8. However, this sounds like a very positive outcome that will provide your Tricare benefits, give you time to max out your VA rating and develop the track record of regular medical appointments for the conditions that placed you on the TDRL that you will need to be put on the PDRL.

9. Pardon the typos, I am doing this on my PDA while waiting to speak with someone here at the hospital.

v/r

Jack

 

[AFPEBLO]

Is it likely/possible that it could be made permanant if I did the formal board? (My injuries are such that they are likely to worsen, not become better. but I've heard horror stories about people getting ****ed over once they were on TDRL... and only haveto look back (Or look at the 4.5 months of pay they owe me to know what can happen.)

I understand your desire to be permanently retired but your statement that your condition is likely to worsen leans towards why they recommended TDRL. To me that puts you and your attorney in a hard position to argue for PDRL.

Another argument could be that they either rated you lower than the VASRD calls for or used incorrect codes resulting in lower percentages. You would need to objectively compare your findings with the VASRD and your condition to determine if this is true.

Good luck with whatever you decide

 

[Nomad 2nd]

Is it likely/possible that it could be made permanant if I did the formal board? (My injuries are such that they are likely to worsen, not become better. but I've heard horror stories about people getting ****ed over once they were on TDRL... and only haveto look back (Or look at the 4.5 months of pay they owe me to know what can happen.)

I understand your desire to be permanently retired but your statement that your condition is likely to worsen leans towards why they recommended TDRL. To me that puts you and your attorney in a hard position to argue for PDRL.

Another argument could be that they either rated you lower than the VASRD calls for or used incorrect codes resulting in lower percentages. You would need to objectively compare your findings with the VASRD and your condition to determine if this is true.

Good luck with whatever you decide

VASRD?

Pretend you somehow slipped through the cracks and have recieved NO help on this thing at all. No councle when put on the LOD orders, no assistance with assembling the original PEB packet (I never saw it) etc...


I know I'm in the dark here... sorry.


I am likely going to take the %... Bird in the hand and al lthat.

The Jag sent me this today:

05 March 2009​

From: SGT "Nomad"
To: President, Physical Evaluation Board

Subj: Reconsideration of IPEB

1. I am making the following statement with the advice of counsel, LTJG ***** ******, JAGC, USN. In making this statement I acknowledge that I am satisfied in all respects with LTJG ****** and his advice.

2. I have been informed by my counsel that the PEB has reconsidered their findings of my Informal PEB.

3. Upon reconsideration the PEB has determined that I am most appropriately rated as Unfit for Continued Naval Service under VA diagnostic codes 5021 at a 10% disability rating, 5021 at a 10% disability rating (bi-lateral factor applied), and 5003 at a 10% disability rating, for a total disability rating of 30%, and to be placed on the Temporary Disability Retirement List (TDRL). I agree with the reconsideration and I have requested that my attorney accept that reconsidered finding on my behalf.

4. In making the above choices I affirm that I have done so voluntarily, of my own free will, and no other promises have been extended to me.

Space for signatures.... etc.


I attempted to look up the codes. and failed.. .so I E-mailed him for clairification... (And stalling)

I think that being able to walk around for no more than 3-3.5 hours WHILE on drugs is worth more than 10%, but... (See bird in hand)

I just want to make sure they arn't gonna say "Oh, that one doesn't apply" or "Your better on that one now" Or something and I'm left with no Tricare...

Don't mean to be a pain... sorry.

 

[californiasurfboy]

On this website, the PEBFORUM, Jason has listed most of the VARSD Codes. They can be found here....

Linked VA Schedule for Rating Disabilities (VASRD)

Your conditions are listed here....

VASRD Linked Index (Musculoskeletal system)

and here.....

Acute, Subacute, or Chronic Diseases (5000-5025)




The VARSD codes that are always talked about are listed in CRF 38 which their main site is here..

VBA 38 CFR Book C (U.S. Department of Veterans Affairs)

Each body system has its own section and links and usually the last link for each section is the "rating" link that shows the percentages and how they justify that percent.

 

[jackgately]

AFPEBLO made a good point- the panel would tend to view the statement that you conditions are likely to worsen ( while doubtless ture) as meaning the conditions are not medically stable and thus placement on the TDRL is appropriate.

Walking for 3 to 3.5 hours with medication? While none of us have reviewed your medical records, if you say that to board members at the Navy Yard, then you will be placing yourself in an excellent position to have a reduction in your rating.

They are accustomed to hearing that someone with spinal injuries whom the Informal panel rated at 30% or more cannot stand or walk for more than 15 to 20 minutes, cannot drive a car for much more than that, cannot bend, squat, kneel worked in confined spaces or climb or descent ladders without pain and difficulty.

The others are right, you need to review your evidence in light of the rating codes and discuss with your JAG the possibility of a higher rating using another rating code as well as the PDRL issue.

However, I think that you will find that he or she agrees that any indication that you can walk 3 to 3.5 hours with medication will knock you right out of the box re retirement eligibility.

v/r

Jack