Life after accepting FINAL IDES Ratings

mushiee6

PEB Forum Veteran
Registered Member
#1
Hello, I just went through my final evaluation for TDRL. I was put on the TDRL in July 2013. I received my findings, which dropped from 50 to 20%, with a finding of unfit. Basically, I didn’t have the mental energy to continue through this process and was just ready to get closure after all of this time. Anyway, my question is, will the VA re-evaluate me and if they do are they likely to drop my rating? I’m currently rated at 70% (and still being treated at VA for that condition) by the VA for one condition and 10% for the other by the VA. Thanks in advance for any help or advice!
 

Warrior644

PEB Forum Veteran
Registered Member
#2
Hello, I just went through my final evaluation for TDRL. I was put on the TDRL in July 2013. I received my findings, which dropped from 50 to 20%, with a finding of unfit. Basically, I didn’t have the mental energy to continue through this process and was just ready to get closure after all of this time. Anyway, my question is, will the VA re-evaluate me and if they do are they likely to drop my rating? I’m currently rated at 70% (and still being treated at VA for that condition) by the VA for one condition and 10% for the other by the VA. Thanks in advance for any help or advice!
Well, actually, it's not your final DoD IDES ratings; you have already receive them since placement onto the DoD military TDRL. While on DoD military TDRL, the DoD LDES PEB via USN is used for adjudication processing to determine if the PEB-referred "unfit for duty" medical condition(s) which was(were) previously deemed "permanent and unstable" by the DoD IDES PEB when on military active duty in the USN are now deemed "permanent and stable" for DoD (Navy) rating purposes only.

Nonetheless, it truly saddens me to read that your long DoD (Navy) TDRL journey/ordeal reached maximum TDRL tenure and ultimately effected the final USN TDRL re-evaluation findings due to a low mental energy capacity. Indeed, I can definitely comprehend your struggles since my DoD (Army) TDRL journey/ordeal lasted 4 years and 17 days prior to my final placement onto the DoD military PDRL at a 100% rating from an original TDRL 50% rating. As such, I sincerely hope and pray that your situation becomes better after TDRL completion of the disability with separation pay proceedings.

In reference to your direct inquiry, the DoVA VBA shall schedule C&P examinations for any military service-connected disability which has not been determined to be a "static" disability. The VBA has several documented methods or processes to eventually determine if a military service-connected disability can be considered a static disability. One of most common notoriety is the award of a DoVA 100% Permanent and Total (P&T) rating by a DoVA Rating Agency which states that a future DoVA examination is not scheduled. Note, that without a current DoVA C&P examination on file, it will be difficult for the DoVA Rating Agency to recommend a change in a DoVA disability rating unless a case of fraud is proven.

With that all said, if your DoVA 70% rating disability and DoVA 10% rating disability are not currently determined to be a static disability by the DoVA Rating Agency then you probably have been or will be scheduled for a future DoVA examination. Afterwards, the likelihood of a recommendation to have a changed DoVA rating (e.g., an increase or a decrease) shall be dependent upon the results of such C&P examination to include all available medical evidence and/or medical documentation within your DoVA medical files.

Bottom line, if you are totally uncertain about the re-evaluation status of your DoVA disabilities then I would highly suggest that you contact the DoVA VBA through their various methods. That is, either by telephone at 1-800-827-100, by TDD at 711, by Internet at https://iris.va.gov, by Chat via eBenefits, and/or by USPS mail. I hope this helps! Take care!

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

Best Wishes!
 
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mushiee6

PEB Forum Veteran
Registered Member
#3
Thanks, Warrior644! I figured that the DOVA would do another examination since I haven’t seen anything in my letters stating that the conditions are deemed permanent. I guess what I’m wondering is if the DOD results (the abrupt drop from 50 to 10% for PTSD) could factor into the DOVA’s decision...could they match the rating, etc.? I’ve been going through counseling for the past 5 years, and more recently, over the last 6 months. I have also been taking meds consistently. The VA re-examined me after I was placed on TDRL and increased the rating for this to 70% in 2014. However, I never had a re-evaluation scheduled for either the DOD or VA until just before my 5 year mark aside from that VA exam.
 

Warrior644

PEB Forum Veteran
Registered Member
#4
Thanks, Warrior644! I figured that the DOVA would do another examination since I haven’t seen anything in my letters stating that the conditions are deemed permanent. I guess what I’m wondering is if the DOD results (the abrupt drop from 50 to 10% for PTSD) could factor into the DOVA’s decision...could they match the rating, etc.? I’ve been going through counseling for the past 5 years, and more recently, over the last 6 months. I have also been taking meds consistently. The VA re-examined me after I was placed on TDRL and increased the rating for this to 70% in 2014. However, I never had a re-evaluation scheduled for either the DOD or VA until just before my 5 year mark aside from that VA exam.
Indeed, you are welcome! :)

Okay, it's challenging for me to comprehend why a significant decrease in your DoD rating from 50% to 10% while the DoVA Rating Agency (although in 2014) increased your PTSD rating to 70%! Hmm, did your PTSD symptomology significantly improve from "Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood..." to "Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication" during the TDRL evaluation period? Do all of your medical evidence and/or medical documentation support such a DoD TDRL evaluation finding?

To any extent, my point of emphasis is be aware that you may also experience a significant decrease in your PTSD 70% rating by the DoVA Rating Agency upon performance of the future PTSD C&P re-evaluation if there doesn't exist any medical evidence and/or medical documentation to support continuation of that disability rating. Of course, if your PTSD symptomology has improved then the appropriate DoVA disability rating should be accurately assigned in accordance with the criteria as annotated in 38 CFR VASRD. If not, then please ensure that your medical evidence and/or medical documentation continues to support a DoVA 70% rating or whatever DoVA rating that your medical symptomology supports.

If I recall accurately from various posts and replies to other PEB Forum members from the owner of the PEB Forum website, the DoVA Rating Agency doesn't recognize a C&P examination performed by DoD medical providers for purposes of decreasing a military disabled veteran's DoVA rating; it's not an official DoVA document. That said, the DoVA VBA would have to schedule the appropriate C&P examination and use its results to recommend a potential decrease of a military disabled veteran's DoVA disability rating. Naturally, if my memory has lapsed then I shall truly appreciate any updated sound insightful feedback back to the OP. Take care!

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

Best Wishes!
 
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