Received Ratings - Rebuttal for TDRL

80/100 TDRL - Going to try for permanent. Not going to play this waiting game for the next 5 years.

If your DoD TDRL determination is inclusive of a mental disorder due to traumatic stress via VASRD 4.129, then a minimum 50% evaluation is required with the establishment of a future examination for six months after separation.

As stated by Jason Perry from another thread "Remember- TDRL is not a finding that the condition is temporary. It is a finding that the condition is likely to change over the TDRL period (5 years) to make a difference for rating purposes (meaning it may get better or worse to make a difference in the ultimate rating). (With PTSD, you run into the fact that 38 CFR 4.129 mandates a minimum temporary rating of 50% for 6 months after retirement....my opinion is that they can rate permanently at 50% or higher....however, it seems like this is rarely done- that is, the PEBs/D-RAS do not seem to be doing a full analysis of this issue, with a default finding of TDRL seeming to be de facto policy)."

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

Best Wishes!
 
Care to expound so others might learn something? Do you believe your conditions should be considered stable, etc?
I was give a 50 percent for PTSD and MDD. However my argument is that my DOD rating would have been 60 percent without due to my orthopedic issues that stem from 5 years ago when I was injured. My PTSD should be stable and according to my psych I have been dealing with this for 5 years already. Im fine with doing the 6 month eval, nothing will change but I want PDRL. The JAG is working it and had a similar case overturned to PDRL.
If your DoD TDRL determination is inclusive of a mental disorder due to traumatic stress via VASRD 4.129, then a minimum 50% evaluation is required with the establishment of a future examination for six months after separation.

As stated by Jason Perry from another thread "Remember- TDRL is not a finding that the condition is temporary. It is a finding that the condition is likely to change over the TDRL period (5 years) to make a difference for rating purposes (meaning it may get better or worse to make a difference in the ultimate rating). (With PTSD, you run into the fact that 38 CFR 4.129 mandates a minimum temporary rating of 50% for 6 months after retirement....my opinion is that they can rate permanently at 50% or higher....however, it seems like this is rarely done- that is, the PEBs/D-RAS do not seem to be doing a full analysis of this issue, with a default finding of TDRL seeming to be de facto policy)."

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

Best Wishes!
I agree with the 50 percent. Ive been doing this for 5 years now so its nothing new.
 
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