REQUESTING PDRL VICE TDRL

DDWUSN

PEB Forum Veteran
#1
O.K., got my VA rating back, Permanent and Total, IU, and VR&E says no to anything other than Independent Living Program. SSDI also approved. Retired Oct. 13 2008 and just filled out my BCNR request and typed up my comments page to request being transferred to PDRL instead of being on TDRL based on VA and SSA findings.

Do I need to include anything other than DD214, VA award, SSDI award, and PEB findings. I am not including all 30 some pages of VA and SSDI paperwork, or should I?

Thanks
 

robs42

PEB Forum Veteran
#2
do you use a rep. for the VA? i personally would iclude that stuff, especially the SS award stuff. if they don't already have your 214, then i would go ahead and send it just for GP. but a veteran's rep. would be your best bet to be 100% sure.
 

DDWUSN

PEB Forum Veteran
#3
I do not have a VA rep. and since found TDIU don't think I will need one. I am including the award, and page 11 which states IU, SSDI, DD214, and PEB findings, just wondering if anyone else had any ideas.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#4
There are two issues I see here.

First, that the criteria for PDRL is different than the programs that you have been successfully granted. If there is a preponderance of the evidence that your condition may worsen for rating purposes over the remainder of 5 years, then TDRL is appropriate. At the BCNR, your burden is to show that they were in error (more or less, not that they should have found your way, but that they could not have found the way they did or that they violated service regulations or the law). If your evidence and argument is not focused on that, you will have a problem getting a change.

Even more worrisome is the question of whether the BCNR can grant relief. I ask that because the TDRL determination is not final and you can appeal (either back at the PEB level through a Petition for Relief, or at subsequent PEBs). Another related question is if you have been harmed (which I have a hard time seeing, if your rating is below 50% and you are getting paid at 50%, then you are ahead of where you would be, if at 50% or above, you still are not harmed from a pay point of view). This worries me too, SECNAVINST 1850.4E. "2067 Petition For Relief (PFR) When the findings of the PEB become final, after a Formal PEB hearing, and the member has exhausted all available options with the PEB, members who have not been discharged or separated, and TDRL personnel, may Petition For Relief (PFR). Members who have been separated or permanently retired may still petition the Board for Correction of Naval Records (BCNR)." I think that there are collateral issues that may still be appealed (like combat related findings, or denial of PLD status), but I am much less confident that an attack on TDRL determination will be permitted.

Like most things, you have to see what they say before you know how things may progress. Since there is no downside to appealing, I see no reason not to. My instinct is that you will have a re-evaluation before the BCNR comes back, so all evidence gathered for this petition may help there (I suspect that it will). I also don't mean to rain on your (or anyone's) parade, these are just the issues that catch my eye. As always, if you have questions or need legal advice, you should consult a qualified attorney.

I would be very interested to see how they respond. If you do get an answer, an update would be invaluable.
 

DDWUSN

PEB Forum Veteran
#5
You are correct in the fact is since I accepted retirement and TDRL I have to petition BCNR to get it changed. My arguement or persuasion was to show that I have both VA TDIU and SSDI approved and neither is scheduled for a review at any time. They said they may review it after 7 years but that is far past the 5 year TDRL. Even if the condition I was found unfit for improves, I have several others that are as bad or worse that they did not rate. So now that the VA has rated them, hopefully they will see that.

I am not trying to get any more financial gain, I just want to be permanently retired. The current rating at 40% was in my opinion wrong, since rknee replacement with residuals is rated at 60%. I am on pain management and got SSDI due to my conditions and required medications.

My condition is deteriorating so no chancefor FIT. Just want to put it to bed and not worry about TDRL procedures.
 
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