TDRL expired; no re-eval; no contact; HELP!

I was put on TDRL from the Navy in Nov2008 for Acute Lymphoblastic Leukemia. I received 100% rating from the VA. I was re-evaluated by C&P at VA in Aug2012 and my rating dropped to 30%, but have never so much as been contacted by anyone from the Department of the Navy, let alone been ordered to MTF for physical evaluation. No PEBLO was assigned that I'm aware of either. I keep looking back over all my paperwork from five years ago and from all the research I've been doing it seems that they are required by law to re-evaluate you every 18 months. Anyway, I hit my 5 year mark as of 01DEC2013 and my pay stopped in Jan. I called DFAS to inquire as to why my pay stopped (was receiving pay from both DoD and VA; not sure if that was right either) and they said my TDRL had expired. I was pretty sure this was what happened, but I guess I just thought maybe they forgot about me or put me on the PDRL. So I called NAVPERSCOM in Millington, TN and spoke with the help desk. They said to call the Board for Corrections to Naval Records in D.C. After repeated calls I finally spoke with a less-than-courteous, less-than-helpful woman who said I needed to fill out a form and mail it in. She didn't even act like she knew why I was calling. I'm not even sure why I was referred to the Board in the first place. I just want to know what's going on. Why wasn't I re-evaluated? Can I request a new PEB to be found fit again? My leukemia is in full remission; can I return to active duty? Most importantly, WHO DO I TALK TO ABOUT ALL THIS??? HELP!

P.S. I'm sure I've left out valuable information. This is my first post. So if anyone would like to help but needs more pls let me know.
 
Had you changed your address and or phone number, perhaps there is a communication error?

I'm going to tag @Jason Perry for his insight.
 
STG2, I was Navy and the same thing happened to me. I didn't get an exam until I started harrassing people and it didn't happen for weeks after my 5 yr TDRL was up. I was in contact with Tonjua Howard in DC. [email protected] or 202-685-6431. Maybe you can get something out of her?
 
STG2, I was Navy and the same thing happened to me. I didn't get an exam until I started harrassing people and it didn't happen for weeks after my 5 yr TDRL was up. I was in contact with Tonjua Howard in DC. [email protected] or 202-685-6431. Maybe you can get something out of her?

The above is who you need to contact rather than the BCNR (the BCNR could correct your records, but for several reasons, in your situation you are best to contact TDRL coordinator).
 
I've tried several times to get ahold of the TDRL coordinator. I've left several messages for an AZC Stump and he hasn't called me back. I don't understand why this Chief Petty Officer seems to be ignoring me and not doing his job. It's absolutely flabbergasting. Yes, I'm calling out a Chief. In the meantime, I've made an appointment to speak with a Veterans Service Officer in my county. Maybe she can help me get some answers; or at least knows who can help me. If she can't, I'll continue the search in the three-ring circus that is the DoD. I'll continue to post updates as I get them. Thank you gentlemen for your help.
 
Did you try via email? If not, give that a shot. If that does not work, I will send you a contact via message.
 
The law is specific in where it states no individual can stay on TDRL for a period longer then five years. For me this was the case. I was removed after five years with no notification or call for an exam. It was only after trying to get a new ID card that it was pointed out to me that I was removed. That was after nearly 6 1/2 years of being removed from active duty and being place on TDRL. I had already waved my military retirement for VA Comp and was receiving all pay and benefits from the VA so I did not feel any affect of the removal. I did get my ID card with a letter that was sent to me but never received my discharge from service DD 256.

The military by law is required to do one of several things before the expiration of five years. Those items are clear. The question is what if I do not get an exam, and what is my status. Legally you should be reinstated and or transferred. Only if it is not because you missed an appointment.

I am going through this right now. I was placed on TDRL in March of 1989 and went to one exam and never was recalled for another until I pushed for one and it was not a real exam nor was given a chance to rebut the findings. That was late in 1995. I have yet to receive a discharge certificate (dd 256). A dd 214 is a separation from active service not a discharge from the military. Without a dd 256 the dd 214 is worthless.

See below

10 U.S. CODE § 1214
no member of the armed forces may be retired or separated for physical disability without a full and fair hearing if he demands it.

http://comptroller.defense.gov/Portals/45/documents/fmr/archive/07barch/07b_11_Apr00.pdf

1106 TERMINATION OF TEMPORARY DISABILITY RETIRED PAY 110601.

The disability retired pay of a member terminates on the earlier of:

A. The date of removal from TDRL because of

1. Recall to active duty,

2. Resumption of status in Fleet Reserve and Fleet Marine Corps Reserve,

3. Appointment, reappointment, enlistment, or reenlistment,

4. Physical examination in which the member is found fit for duty or the disability is less than 30 percent; or


B. Upon the expiration of 5 years after the date when his or her name was placed on the TDRL.

A Veterans discharge paperwork is their ‘golden ticket’ to resources. At every level, federal to local, agencies are going to ask for proof of service. it is usually easy to obtain the necessary paperwork providing proof of service. Depending on the type of military service, several different documents prove this, .

Discharge documentation include:
  • DD-214
  • NGB-22
  • DD-256

DD-214:

A DD214 is a separation from Active Duty. By definition, it is only received after discharging from an active duty status. Most people outside the military, and even many Veterans – do not realize the difference between a DD214 and other discharge paperwork, because of this many services mistakenly require it as proof of qualifying service.

This DD214 is not a final discharge though, and typically isn’t sufficient to prove qualifying military service.

Reservists and National Guardsmen/women will have received a DD214 other than the initial training DD214 mentioned in the last paragraph only if they have been activated into an active-duty status, usually under Title 10 orders.

DD256:

Traditional Reservists - those that served their entire contract without an activation, will not have received a DD214 except for the one they received at the completion of their initial military training (boot camp, basic training, job school). In the absence of a federal activation, the only discharge paperwork these troops will receive is a DD256 – Honorable Discharge Certificate. Unlike a DD214 or an NGB22, the DD256 does not elaborate on any aspect of military service, it is merely a statement of honorable service. Another key difference between the DD256 & the DD214/NGB22, is that it is only issued after the completion of the entire service contract.

So to sum up the questions of STG2 Warren, Can I request a new PEB to be found fit again? Yes
 
The law is specific in where it states no individual can stay on TDRL for a period longer then five years. For me this was the case. I was removed after five years with no notification or call for an exam. It was only after trying to get a new ID card that it was pointed out to me that I was removed. That was after nearly 6 1/2 years of being removed from active duty and being place on TDRL. I had already waved my military retirement for VA Comp and was receiving all pay and benefits from the VA so I did not feel any affect of the removal. I did get my ID card with a letter that was sent to me but never received my discharge from service DD 256.

The military by law is required to do one of several things before the expiration of five years. Those items are clear. The question is what if I do not get an exam, and what is my status. Legally you should be reinstated and or transferred. Only if it is not because you missed an appointment.

I am going through this right now. I was placed on TDRL in March of 1989 and went to one exam and never was recalled for another until I pushed for one and it was not a real exam nor was given a chance to rebut the findings. That was late in 1995. I have yet to receive a discharge certificate (dd 256). A dd 214 is a separation from active service not a discharge from the military. Without a dd 256 the dd 214 is worthless.

See below

10 U.S. CODE § 1214
no member of the armed forces may be retired or separated for physical disability without a full and fair hearing if he demands it.

http://comptroller.defense.gov/Portals/45/documents/fmr/archive/07barch/07b_11_Apr00.pdf

1106 TERMINATION OF TEMPORARY DISABILITY RETIRED PAY 110601.

The disability retired pay of a member terminates on the earlier of:

A. The date of removal from TDRL because of

1. Recall to active duty,

2. Resumption of status in Fleet Reserve and Fleet Marine Corps Reserve,

3. Appointment, reappointment, enlistment, or reenlistment,

4. Physical examination in which the member is found fit for duty or the disability is less than 30 percent; or


B. Upon the expiration of 5 years after the date when his or her name was placed on the TDRL.

A Veterans discharge paperwork is their ‘golden ticket’ to resources. At every level, federal to local, agencies are going to ask for proof of service. it is usually easy to obtain the necessary paperwork providing proof of service. Depending on the type of military service, several different documents prove this, .

Discharge documentation include:
  • DD-214
  • NGB-22
  • DD-256

DD-214:

A DD214 is a separation from Active Duty. By definition, it is only received after discharging from an active duty status. Most people outside the military, and even many Veterans – do not realize the difference between a DD214 and other discharge paperwork, because of this many services mistakenly require it as proof of qualifying service.

This DD214 is not a final discharge though, and typically isn’t sufficient to prove qualifying military service.

Reservists and National Guardsmen/women will have received a DD214 other than the initial training DD214 mentioned in the last paragraph only if they have been activated into an active-duty status, usually under Title 10 orders.

DD256:

Traditional Reservists - those that served their entire contract without an activation, will not have received a DD214 except for the one they received at the completion of their initial military training (boot camp, basic training, job school). In the absence of a federal activation, the only discharge paperwork these troops will receive is a DD256 – Honorable Discharge Certificate. Unlike a DD214 or an NGB22, the DD256 does not elaborate on any aspect of military service, it is merely a statement of honorable service. Another key difference between the DD256 & the DD214/NGB22, is that it is only issued after the completion of the entire service contract.

So to sum up the questions of STG2 Warren, Can I request a new PEB to be found fit again? Yes

Most of what you state is correct....however, there are some caveats/exceptions.

I have a case currently before the Court of Claims where my client was found fit at the end of his 5 yr TDRL period. He was denied reenlistment based on the same disabilities he was found fit for. Filed suit in the Court of Federal Claims. Under Secretary of the Navy directed review of case this past year, client given new PEB "review", found my client actually unfit and retired (with effective date past 5 yrs TDRL period). We are still working out whether we will accept retirement finding or fight for fitness and credit of time served (along with eligibility for promotion). In this case, the credit of time would likely push him over 20 years, and give substantial additional benefits. There are several other complicated issues in this case that I mention. (Point being that the factual circumstances of every case are very important).

My point is that though the statutory TDRL period of 5 years is clear, there are some circumstances where this can become a non-issue.

An important issue is to analyze what is the most advantageous outcome and what remedy to push for (given what may or may not be available depending on the procedural posture of the case).
 
Just got back from my appointment with the county VSO. He said he can't do anything with the DoD but he emailed Senator Boozman's office and they're now working on my case. I emailed the TDRL coordinator again and still haven't heard back from him. I'm a little nervous about the Senator thing...not sure if I've gone too far up in the "chain", but something had to be done. Any thoughts?

Jason Perry, are you an attorney? You mentioned a client of yours. How would I go about procuring your services if I wind up needing them? Or whom else might you recommend? I live in NW Arkansas if that helps.
 
Here is my correspondence with the Chief from BUPERS, the TDRL Final Evaluation Coordinator:

Feb 5 at 5:58 AM
Good morning Chief, my name is Tye Warren. I was put on TDRL in late Nov. 2008 or acute leukemia. I was told I would have to be re-evaluated every 18 months but was never sent orders to report to a MTF. My 5 years expired as of 01DEC2013 so I'm just wondering where do I go from here? What are my options? Can I request to be evaluated for Fitness for Duty and try to go back active duty? Anyway, lots of questions and I'm told you're the person I need to talk to. I've left a couple messages for you on your work phone and haven't heard from you so I found your email address. I hope to hear from you soon. Thank you, Chief.

Mr. Warren,

You are to contact BCNR if you haven't already been notified
Their phone number is 703-604-6884


There is nothing I can do for you until you complete this step and start the process again

VR
AZC (AW) Brian C. Stump
TDRL FINAL EVALUATION COORDINATOR
PTSD 6 MONTH EVALUATION COORDINATOR

I have contacted BCNR. They're telling me I need to fill out a DD form 149, but they weren't helpful in explaining why...or how. If I don't understand why I'm applying for a "correction of military record" I definitely won't fill it out properly. Why do I need to correct my record? What needs to be corrected? I don't understand any of this process, chief. That's why I need someone to talk to about it that will actually help me through it. Thank you.

Does anyone think this chief is just trying to push me on someone else?
 
Well let me be the first to tell you I don't think that you are being pushed off onto someone else. We have certain guidelines we have to follow when it comes to TDRL members if you have past your 5 years and are on the administrative remove list unfortunately the only way we can work your case is to go back through BCNR and get your self back in our system. I want nothing more then for everyone on TDRL to have a good experience.
First if you are on TDRL it is your responsibility to update your contact information with PERS 821 not DEERS not PSD but PERS 821. If this isn't done then we can not reach out to you at the different marks when your evaluations are coming due
There are four evaluation cycle breakdowns
6 month for PTSD (Me)
18 months
36 months and
final evaluaiton 54-56 month time frame (me). If you are not seen for an evaluation in this time period then you will be administratively removed from the program.
My work number is 901-874-3222 if I can help in any way please do not hesitate to contact me. I may not be the one who is your coordinator but I can help get you to the right person.
 
Hello PEB forum, I am currently assisting a Navy veteran who was placed on the TDRL in 2008 but never was given a re-examination any anytime during the process. Now that it has been over 5 years he was administratively removed from the roles. I have tried to contact the Navy TDRL branch and nobody answers the phone or returns an email. Plus , I believe if they did they will tell me there is nothing they can do because the person has been removed from the rosters and that they should contact the Board for Correction of Naval Records (BCNR). It seems like the navy is just pushing people off their roles by not scheduling re-examinations. Is there more Navy TDRL vets out there who are in the same situation? I don't think this is a coincidence, seems to be the norm.
 
Hello fellow TDRL sham program members, I too have the same experience, between the medical board, my last command and the disfunctional TDRL program. I too have been shifted out of my disable military retirement.

My journey into this map of mismanagement, noninformaton, total neglected started in 2007 when I was diagnosed with cardiomyopathy. My command placed me on lite limdue for two yrs, never took me off it, never schedule me a med board, it wasn't until I went in for medical appointment, that the doctor that first diagnosed me, saw I was still in the military at Guam naval station and I have been on Limdue for almost 2 years. He immediately had me referred to triplet Hawaii for a complete evaluation and recommendation for a med board.

They medi vacated me off the island to be seen in trippler hospital. The Naval heart surgeon order a medical board immediately in Hawaii. When I got back my command found out that the med board had been already processed and when the board sent them I was to be TDRL immediately, I was told by my command I have one day to process out of the navy, it was a thursday I was told late Thursday the 29th of Jan 2009, that Friday the 30th of Jan I was to do all my processing out of the navy and that on th 31 of Jan 2009 I was out of the navy, medical retired. No information about TDRL. No CLASSES, NO TAP, NO VA Benifits, or SOS benefits education no nothing... No retirement party...I mean nothing...I was retired with 60% pay which took my E5 with 11 years in to 1200.00 a month. I could not live in the USA being medical retired for a half dead heart.

I moved to live in the Philippines, after a year there, a vet told me I should be getting at least VA benefits. So I researched it, so in my applying for VA benefits, I found out that I needed to be doing every 18 months eval for TDRL. I recieved 100% disable vet from the VA and I started receiving my VA 100% disability and treatment for my heart, ever 6 months I would go get my complete heart evaluation and check up. I called the TDRL and I explained to them I was in the Philippines and I asked them are they going to give me orders, they said no need, just send us you VA medical eval. I gave them my address APO FPO box here in angeles city. Never received any thing from them..fast forward to my 5 yrs end. I called again TDRL and asked them what do I do do I need orders for a final medical EVALUATION..they said no just give us all your doctors information and we we get all your records, this tells me they never followed up or kept my VA medical information for the whole time. So I emailed my TDRL counseler, with what she asked me, after I emailed her I asked her now why do I do? She said nothing I have already been discharged from TDRL and that was it. I asked her if I was permiintly discharged from the military and she said yes..

Fast forward to now 2017, I came back to the United States, went to get my CAC card ID, Deers told my I am not eligible because I have not been perminently medically retired and that not only myself but my children have no Deers benefits.

I called up TDRL very unhappy of course, they said we can't help you, you need to go to the Navy (BCNR)... I'm so pissed

I came to this board to see if all of us can get together and do a class action suite against the TDRL program and the Department of the Navy, I see and feel there is a lot more of us out there... I want our records to be changed and to make sure no other service members have to go through this nightmare..
 
Hello fellow TDRL sham program members, I too have the same experience, between the medical board, my last command and the disfunctional TDRL program. I too have been shifted out of my disable military retirement.

My journey into this map of mismanagement, noninformaton, total neglected started in 2007 when I was diagnosed with cardiomyopathy. My command placed me on lite limdue for two yrs, never took me off it, never schedule me a med board, it wasn't until I went in for medical appointment, that the doctor that first diagnosed me, saw I was still in the military at Guam naval station and I have been on Limdue for almost 2 years. He immediately had me referred to triplet Hawaii for a complete evaluation and recommendation for a med board.

They medi vacated me off the island to be seen in trippler hospital. The Naval heart surgeon order a medical board immediately in Hawaii. When I got back my command found out that the med board had been already processed and when the board sent them I was to be TDRL immediately, I was told by my command I have one day to process out of the navy, it was a thursday I was told late Thursday the 29th of Jan 2009, that Friday the 30th of Jan I was to do all my processing out of the navy and that on th 31 of Jan 2009 I was out of the navy, medical retired. No information about TDRL. No CLASSES, NO TAP, NO VA Benifits, or SOS benefits education no nothing... No retirement party...I mean nothing...I was retired with 60% pay which took my E5 with 11 years in to 1200.00 a month. I could not live in the USA being medical retired for a half dead heart.

I moved to live in the Philippines, after a year there, a vet told me I should be getting at least VA benefits. So I researched it, so in my applying for VA benefits, I found out that I needed to be doing every 18 months eval for TDRL. I recieved 100% disable vet from the VA and I started receiving my VA 100% disability and treatment for my heart, ever 6 months I would go get my complete heart evaluation and check up. I called the TDRL and I explained to them I was in the Philippines and I asked them are they going to give me orders, they said no need, just send us you VA medical eval. I gave them my address APO FPO box here in angeles city. Never received any thing from them..fast forward to my 5 yrs end. I called again TDRL and asked them what do I do do I need orders for a final medical EVALUATION..they said no just give us all your doctors information and we we get all your records, this tells me they never followed up or kept my VA medical information for the whole time. So I emailed my TDRL counseler, with what she asked me, after I emailed her I asked her now why do I do? She said nothing I have already been discharged from TDRL and that was it. I asked her if I was permiintly discharged from the military and she said yes..

Fast forward to now 2017, I came back to the United States, went to get my CAC card ID, Deers told my I am not eligible because I have not been perminently medically retired and that not only myself but my children have no Deers benefits.

I called up TDRL very unhappy of course, they said we can't help you, you need to go to the Navy (BCNR)... I'm so pissed

I came to this board to see if all of us can get together and do a class action suite against the TDRL program and the Department of the Navy, I see and feel there is a lot more of us out there... I want our records to be changed and to make sure no other service members have to go through this nightmare..

Lots of "broken" pieces with the TDRL program, how it is administered, and how they adjudicate cases.

Unfortunately, based on my experience suing the government regarding military disability issues, I don't see much of a likelihood for a lawsuit at this time. (The only area that might be fruitful is the failure of the military departments to have the VA perform final disability rating determinations for members who were originally processed through the IDES program).

In your case, I think the BCNR is your likely avenue of approach. You could actually file a lawsuit, but, the result would be a remand to the Navy for consideration of your issues and claims. I have also seen and in some cases had success with getting the Navy to just "re-open" the case (despite what they told you).

Sounds to me you have a clear case that should succeed (though, without knowing a lot more, I can't say what the likely findings might be).

I hope all works out for you. Best of luck!
 
I have been on TDRL since 1989... Diagnosed with Hodgkin's lymphoma in Norfolk in 1989, placed on TDRL and never removed. MY VA disability is 60% today, Dose it make sense to pursue retirement after 30 years ? am I still in the Navy with 20 years + of service ? would it benefit me and my family or hurt us financially.
 
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