TDRL Appeal

I have a friend that is currently going through the last few stages of the MEB process. He would greatly appreciate any advice on his current situation. His question is posted below:

“Any member familiar with MEB appeal/board PEB appeal process? Received my retirement confirmation and ratings determination yesterday which are favorable, but some questions my JAG representative cannot answer firmly. I have 5 days to determine if I want to appeal.

1. Deemed TDRL, main reason for appeal is to go for Permanent. Is this possible, or normal to go for this appeal?

2. If I appeal can ratings be taken away or reduced? Even if appeal is not to challenge ratings.

3. Should, Conditions Combat Related and Disability Incured in combat zone be different? Mine are. First no, second yes.

4. Do either combat determination effect CRSC?

Looking for any clear cut guidance. My JAG Attorney made all my concerns seem unwarranted.”

 

[popnik]

I have asked a similar question while back and got AF legal counsel involved. Short answer is it depends and its not a likely success scenario unless they are overlooking something huge. If its MH then they legally required to put you on TRDL, no appeal there. If theres a physical disability thats over 80% then they can put you on PRDL.

Heres link to the thread:

70/100 TDRL Puzzled by IPEB reasoning - Need sanity check.

Few questions I am being booted for PTSD/MDD with Ulcerative Colitis as a cherry on top. I am a little puzzled at the fact that I am placed on TDRL (I do understand most MH cases go the) but the verbiage of my NARSUM and even IPEB remarks is that the condition isnt going to improve (stable)...

www.pebforum.com

I went through an FPEB and ALL conditions are on the table again. They can make you take more VA exams which can affect % and they can add or remove conditions. I appealed to add colitis to the list of unfitting conditions and won. Only reason is because I had supporting letters from supervision and doctor indicating condition is bad. Both MH and UC are TRDL right now.

In terms of CRSC I am not sure. I got answers that you must be in first category. If youre not but in second it can help make your case still. Just apply for it and let them say no.

 

[Element22]

I have asked a similar question while back and got AF legal counsel involved. Short answer is it depends and its not a likely success scenario unless they are overlooking something huge. If its MH then they legally required to put you on TRDL, no appeal there. If theres a physical disability thats over 80% then they can put you on PRDL.

Heres link to the thread:

70/100 TDRL Puzzled by IPEB reasoning - Need sanity check.

Few questions I am being booted for PTSD/MDD with Ulcerative Colitis as a cherry on top. I am a little puzzled at the fact that I am placed on TDRL (I do understand most MH cases go the) but the verbiage of my NARSUM and even IPEB remarks is that the condition isnt going to improve (stable)...

www.pebforum.com

I went through an FPEB and ALL conditions are on the table again. They can make you take more VA exams which can affect % and they can add or remove conditions. I appealed to add colitis to the list of unfitting conditions and won. Only reason is because I had supporting letters from supervision and doctor indicating condition is bad. Both MH and UC are TRDL right now.

In terms of CRSC I am not sure. I got answers that you must be in first category. If youre not but in second it can help make your case still. Just apply for it and let them say no.

Thank you for the response! That clears up a lot. I’ll make sure to pass it along.

 

[PERS-95]

The determination of temporary versus permanence has very little that can be appealed, because it is based on the medical condition, and often there is law behind it, such as for medical health conditions. If the condition is not stable, then it's going to be placed on a temporary retirement, and there's nothing to appeal about it. And yes, every time you go up to appeal there is always the chance that they look at all the ratings again. Not always a wise thing to do, to walk through that door willingly.

 

[Element22]

The determination of temporary versus permanence has very little that can be appealed, because it is based on the medical condition, and often there is law behind it, such as for medical health conditions. If the condition is not stable, then it's going to be placed on a temporary retirement, and there's nothing to appeal about it. And yes, every time you go up to appeal there is always the chance that they look at all the ratings again. Not always a wise thing to do, to walk through that door willingly.

Great information thank you.

 

[Drgnbllroach86]

I have asked a similar question while back and got AF legal counsel involved. Short answer is it depends and its not a likely success scenario unless they are overlooking something huge. If its MH then they legally required to put you on TRDL, no appeal there. If theres a physical disability thats over 80% then they can put you on PRDL.

Heres link to the thread:

70/100 TDRL Puzzled by IPEB reasoning - Need sanity check.

Few questions I am being booted for PTSD/MDD with Ulcerative Colitis as a cherry on top. I am a little puzzled at the fact that I am placed on TDRL (I do understand most MH cases go the) but the verbiage of my NARSUM and even IPEB remarks is that the condition isnt going to improve (stable)...

www.pebforum.com

I went through an FPEB and ALL conditions are on the table again. They can make you take more VA exams which can affect % and they can add or remove conditions. I appealed to add colitis to the list of unfitting conditions and won. Only reason is because I had supporting letters from supervision and doctor indicating condition is bad. Both MH and UC are TRDL right now.

In terms of CRSC I am not sure. I got answers that you must be in first category. If youre not but in second it can help make your case still. Just apply for it and let them say no.

I am PDRL for Bipolar One, so for MH I’d say it depends on what the diagnosis is.

 

[PERS-95]

I am PDRL for Bipolar One, so for MH I’d say it depends on what the diagnosis is.

If you look at the law, it absolutely depends. "Mental health" is not a catch-all. Sorry if I was too general.