TDRL 70% to 10% separation decision after first PEB on TDRL

bluemoon

Registered Member
So, I just got a notice that after my first PEB after being on TDRL for 3.75 years I was found to be unfit to return to duty and my rating is going from 70% to 10% with just separation. It was never my wish to be separated to begin with, I just accepted my Doc's opinion, he thought that it would make me better (didn't really work). What I don't get is how my rating is changing so much, and why they decided not to let my 5 years of TDRL finish. The Doc that did my PEB a few months ago called me and said that she was going to recommend that I be placed on permanent retirement, but I guess the medical board had a different opinion for some reason. I have been going to the VA for care, all mental stuff mostly, once a week to once every other week. Ive been on every med you could imagine for this stuff, but none seem to really help. Aside from my problems, now I am worried about what this all means. I know that I will lose the Tricare, which is huge for me because I am still using GI in school with no alternative, I also have a wife and baby that use the insurance too. I guess my real question is what should I do, I sent in the paperwork to appeal the decision, but I dont know if I should get a lawyer or what. I just feel like they are trying to sweep me under the rug here kinda, if anything my condition has worsened 10x since getting out of the Navy. At least then I had a purpose in life I guess, now its a little harder to be positive. With all of this stuff going on, and of course I find this out on a Friday afternoon when everything is closed and I can not talk to anyone about what is happening. Any advice would be much appreciated. P.S. I checked the box that says that i want to appeal the PEBs decision and if they do not accept then I request a formal hearing option. I hope that was correct, if not I should be able to re-email them, right? I know I posted this somewhere else, I just thought this might be the right place instead, sorry if that I am using this worng.
Thank you in advance for helping me out guys, I am really having a time right now.
 

tony292

PEB Forum Veteran
You’ll need to lawyer up and appeal. Also print out and hand a DBQ to your psych doctor and ask them to fill out for you.
 

12Mustang05

PEB Forum Veteran
Registered Member
So, I just got a notice that after my first PEB after being on TDRL for 3.75 years I was found to be unfit to return to duty and my rating is going from 70% to 10% with just separation. It was never my wish to be separated to begin with, I just accepted my Doc's opinion, he thought that it would make me better (didn't really work). What I don't get is how my rating is changing so much, and why they decided not to let my 5 years of TDRL finish. The Doc that did my PEB a few months ago called me and said that she was going to recommend that I be placed on permanent retirement, but I guess the medical board had a different opinion for some reason. I have been going to the VA for care, all mental stuff mostly, once a week to once every other week. Ive been on every med you could imagine for this stuff, but none seem to really help. Aside from my problems, now I am worried about what this all means. I know that I will lose the Tricare, which is huge for me because I am still using GI in school with no alternative, I also have a wife and baby that use the insurance too. I guess my real question is what should I do, I sent in the paperwork to appeal the decision, but I dont know if I should get a lawyer or what. I just feel like they are trying to sweep me under the rug here kinda, if anything my condition has worsened 10x since getting out of the Navy. At least then I had a purpose in life I guess, now its a little harder to be positive. With all of this stuff going on, and of course I find this out on a Friday afternoon when everything is closed and I can not talk to anyone about what is happening. Any advice would be much appreciated. P.S. I checked the box that says that i want to appeal the PEBs decision and if they do not accept then I request a formal hearing option. I hope that was correct, if not I should be able to re-email them, right? I know I posted this somewhere else, I just thought this might be the right place instead, sorry if that I am using this worng.
Thank you in advance for helping me out guys, I am really having a time right now.
I would advise legal counsel and appeal get what you deserve or go down fighting for what you deserve. However I do have a question when they change you to TDRL 70 to 10 which is crazy does it change your VA rating or is it just the DOD side?
 

bluemoon

Registered Member
They just changed the DoD rating as far as I know the two are completely separate. I have been at 70% on TDRL and after just my first PEB follow-up I am told that I am getting dropped to 10% and separated out. Do you guys have any suggestions as to who to go to for council? I have never had to get a lawyer or anything before this.

You’ll need to lawyer up and appeal. Also print out and hand a DBQ to your psych doctor and ask them to fill out for you.
I will def do this, any suggestions on what kind of lawyer, get a Navy JAG, or get civilian attorney? Thanks so much for the help guys. I really appreciate it!
 

bluemoon

Registered Member
3805

This is the box that I checked, is that the right one to do? I want to fight it, as I do not feel like the 10% is fair, I think its just like an attempt to just sweep me out under the rug without helping me try to get better anymore.
 

bluemoon

Registered Member
@tony292 do you think I should try to get a lawyer through the Navy, or a civilian? Also do you know any references that might be able to help me with this stuff?
 

bluemoon

Registered Member
Do you guys know if that is common, to have to go to a formal hearing, or do you think its possible for them to reconsider and change the rating?
 

bluemoon

Registered Member
@Jason Perry do you have experience with this situation, and if so, are you able to work with me even though I am in Texas? Not sure how things go from here, or if I even got the reply to appeal in within the 15 days allotted.
 

oddpedestrian

Staff Member
PEB Forum Veteran
Registered Member
I responded to your other thread you concurring with the examiner's opinion that you were doing better was a huge mistake you need to read what you sign not just what people tell you, it's harsh but the truth.
 

bluemoon

Registered Member
Ahhh, I see the confusion, the Doc that I agreed with was the doc that had me separated from the Navy to begin with back a few years ago, not the Dr. that I had my first re-evaluation with.
 

oddpedestrian

Staff Member
PEB Forum Veteran
Registered Member
Ahhh, I see the confusion, the Doc that I agreed with was the doc that had me separated from the Navy to begin with back a few years ago, not the Dr. that I had my first re-evaluation with.
Do you have a copy of the re-exam from your peblo? It would probably have the answers we seek.
 

tony292

PEB Forum Veteran
If there was a reexam that was used to lower your percentage I recommend having the psych doctor who is treating you to fill out a DBQ for you and use that.
 

bluemoon

Registered Member
Thanks @tony292 do you know if I send that to the PEB coordinator, Ms. Tejuanda Howard or who do I sent that to in order to get it to the PEB before doing the re-evaluation?
 

puppolo

Registered Member
Just FYI from my experience just this past month. I had my TDRL re-evaluation at end of January and beginning of February and then just completed my Formal Hearing. But from my experience the PEB did not even look at my TDRL evaluation notes. They did not see these until I provided one of the evaluations and then the doctor at my hearing provided the other 2 evaluations from the TDRL Re-eval. Not sure if this helped or hurt you, but it hurt me in my case because my TDRL notes all recommended PDRL and an increase in rating.

You can see what the doctors wrote if you go to tricareonline. You can select the dates of your evaluation and it should show the doctors notes from your re-evaluation.

If you know your condition has not improved, in my opinion you should do the formal hearing. Especially with the significant decrease in the rating they provided you. The Navy especially just wants to know if you will fight for what you deserve or not. Well at least that is what my lawyer for my Formal Hearing said. He said it is not right that they do that, but that they just want to see who they can get to sign the paperwork and send back and who cares and will fight for what they believe they deserve.

I will not know my findings for another month, because unlike the other services, the Navy does not tell you after your board what they decided. They send it all the way up to the president and then once he/she approves they then send out the letter in the mail.

Good luck with everything! And I hope you get what you deserve, because it is your life and only you know and can portray the affects that your condition(s) have on it.
 

bluemoon

Registered Member
So, I just got a response from the PEB after my appeal, they re-considered and offered 30% PDRL, which is really good because that means that I can go to my Dr. anytime I want and dont have to rely on VA docs if I dont want to. What do you guys think, should I just accept it, feels surreal because I was gathering all of my medical documents and paperwork to fight this thing out with a lawyer. What is the downside to accepting 30% if I feel that it should be higher in my case? @puppolo @oddpedestrian @tony292 @RonG @12Mustang05 @chaplaincharlie
 

bluemoon

Registered Member
I guess my real question is, is there a reason to pursuing a rating higher than 30% for DoD? My VA is at 80%. Should I just accept the 30 PDRL from the DoD and stop worrying about all this stuff?
 
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