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.

 

[David.coakley85]

None of that matters unless you have a case and the MCR/NR can retroactive you to retire. How long did you serve? There are other caps. The longer you served to more you have to gain from retro retiring and then being able to apply for CRSC.

7 years.

 

[Provis]

7 years.

Rank?

 

[David.coakley85]

Rank?

E4

 

[Jason Perry]

BCMR/BCNR for fighting termination from TDRL is likely a "permissive" avenue for relief, and filing suit in the US Court of Federal Claims may well be a viable way to address this issue.

 

[Provis]

E4

CRSC

E4

The max CRSC you could get if you were to be retroactively medically retired is about $500. Just thought you would like to know what you would be fighting for.

 

[David.coakley85]

CRSC

The max CRSC you could get if you were to be retroactively medically retired is about $500. Just thought you would like to know what you would be fighting for.

Total? Or per month?

 

[David.coakley85]

BCMR/BCNR for fighting termination from TDRL is likely a "permissive" avenue for relief, and filing suit in the US Court of Federal Claims may well be a viable way to address this issue.

What would that involve?

 

[Provis]

Total? Or per month?

per month but that is a lot of if's. you would need to win a case via BCMR or in Federal Court with them ordering you to be retroactively medically retired and then after that happened you could apply for CRSC for which the max compensation would be $500 per month. There is no guarantee that you would be approved for CRSC. The reason for that number is the most compensation you can get is the combination of your VA + earned longeivty pension. Since you have only 7 years in at a low rank there isn't a high value to the VA offset that you would experience if medically retired.