TDRL to PDLR question

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sc78_MSG

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Hi Everyone!

My situation: I have 18 yrs of active service in the Army. I am have been told by my doc that I've met MDRP and will be submitted to the med-board process. I know that based on my condition that I'll most likely be placed on the TDRL (PTSD, TBI, Cognitive Disorder/Memory, & Anxiety Disorder) as I transition from the military. My Case Manager told me that I would not qualify for retired pay but only retirement status. (Getting an ID card and healthcare basically,) because I haven't reached 20 yrs of service, but everything I read says else wise. We estimate that I'll be over 50% rating with PEB.

My question: If placed on the TDLR, am I entitled to the Retired Disability Pay and furthermore, if later on my condition stabilized would I be placed on the PDRL with retire pay? I was told that I cannot receive retire pay with less than 20 yrs of service and it doesn't seem right! Anyone gone thru a similar scenario?

Family going thru a lot of stress over this issue, and I don't want to feel like I have trashed my career away and getting nothing for my time in service with being short 2 years. Just trying to figure out what I should do. Thanks!
 

Warrior644

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Hi Everyone!

My situation: I have 18 yrs of active service in the Army. I am have been told by my doc that I've met MDRP and will be submitted to the med-board process. I know that based on my condition that I'll most likely be placed on the TDRL (PTSD, TBI, Cognitive Disorder/Memory, & Anxiety Disorder) as I transition from the military. My Case Manager told me that I would not qualify for retired pay but only retirement status. (Getting an ID card and healthcare basically,) because I haven't reached 20 yrs of service, but everything I read says else wise. We estimate that I'll be over 50% rating with PEB.

My question: If placed on the TDLR, am I entitled to the Retired Disability Pay and furthermore, if later on my condition stabilized would I be placed on the PDRL with retire pay? I was told that I cannot receive retire pay with less than 20 yrs of service and it doesn't seem right! Anyone gone thru a similar scenario?

Family going thru a lot of stress over this issue, and I don't want to feel like I have trashed my career away and getting nothing for my time in service with being short 2 years. Just trying to figure out what I should do. Thanks!
Welcome to the PEB Forum! :)

Indeed, you have been informed with inaccurate information for sure! :mad: No worries at this point since it would seem that you can potentially meet eligibility requirements for a military disability retirement via the DoD IDES MEB/PEB process. ;)

To that extent, I offer the following responses to your specific inquiry of concern:

Q1. If placed on the TDLR, am I entitled to the Retired Disability Pay...
A1. If placed onto the DoD military TDRL, yes! See detailed feedback below.

Q2. ...furthermore, if later on my condition stabilized would I be placed on the PDRL with retire pay?
A2. If your PEB-referred "unfit for duty" medical condition(s) is(are) determined to be "permanent and stable" at a DoD disability rating of 30% or higher via the initial TDRL evaluation or periodic TDRL re-evaluation, then placement onto the DoD military PDRL shall occur with receipt of military disability retirement pay. See detailed feedback below.

Q3. Anyone gone thru a similar scenario?
A3. With me no, albeit military medical clinicians need to be fully aware & familiar with the DoD IDES process to include its entrance/exit requirements, and resulting disability benefits/compensation when applicable to military service members.

As such, from a procedural viewpoint and to aide with building your potentially new DoD IDES knowledgebase, please review my below URL which explains the DoD IDES MEB/PEB process in detail:

http://www.pebforum.com/site/threads/a-detailed-explanation-of-the-dod-ides-meb-peb-process.22807/

Bottom line is in reference to military disability retirement pay, it is calculated on the basis of a service member's actual disability rating (i.e., 30% disability rating) or length of service rating (e.g., 2.5% x years of service), whichever is higher. In retrospect, the disability rating percentage is capped at 75% albeit the length of service rating no longer has the cap of 75%.

Moreover, the aforementioned rating percentage is multiplied by a military service member's retired base pay. Military personnel who entered active duty after September 8, 1980, will have their retired base pay calculated as the average of their "high 36-months" of basic pay. For military personnel who entered before September 8, 1980, final basic pay is used.

Hence, it's important to note that military personnel placed onto the DoD military TDRL will have their retired pay calculated using a minimum of 50% even if their combined rating was less than 50%. Take care! :cool:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

sc78_MSG

New Member
Registered Member
Welcome to the PEB Forum! :)

Indeed, you have been informed with inaccurate information for sure! :mad: No worries at this point since it would seem that you can potentially meet eligibility requirements for a military disability retirement via the DoD IDES MEB/PEB process. ;)

To that extent, I offer the following responses to your specific inquiry of concern:

Q1. If placed on the TDLR, am I entitled to the Retired Disability Pay...
A1. If placed onto the DoD military TDRL, yes! See detailed feedback below.

Q2. ...furthermore, if later on my condition stabilized would I be placed on the PDRL with retire pay?
A2. If your PEB-referred "unfit for duty" medical condition(s) is(are) determined to be "permanent and stable" at a DoD disability rating of 30% or higher via the initial TDRL evaluation or periodic TDRL re-evaluation, then placement onto the DoD military PDRL shall occur with receipt of military disability retirement pay. See detailed feedback below.

Q3. Anyone gone thru a similar scenario?
A3. With me no, albeit military medical clinicians need to be fully aware & familiar with the DoD IDES process to include its entrance/exit requirements, and resulting disability benefits/compensation when applicable to military service members.

As such, from a procedural viewpoint and to aide with building your potentially new DoD IDES knowledgebase, please review my below URL which explains the DoD IDES MEB/PEB process in detail:

http://www.pebforum.com/site/threads/a-detailed-explanation-of-the-dod-ides-meb-peb-process.22807/

Bottom line is in reference to military disability retirement pay, it is calculated on the basis of a service member's actual disability rating (i.e., 30% disability rating) or length of service rating (e.g., 2.5% x years of service), whichever is higher. In retrospect, the disability rating percentage is capped at 75% albeit the length of service rating no longer has the cap of 75%.

Moreover, the aforementioned rating percentage is multiplied by a military service member's retired base pay. Military personnel who entered active duty after September 8, 1980, will have their retired base pay calculated as the average of their "high 36-months" of basic pay. For military personnel who entered before September 8, 1980, final basic pay is used.

Hence, it's important to note that military personnel placed onto the DoD military TDRL will have their retired pay calculated using a minimum of 50% even if their combined rating was less than 50%. Take care! :cool:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

Thank you for the feedback! I appreciate the info and this definitely helps with drama of this process. I thought the case manager was wrong with telling me I forfeit my retire pay for being medically retired before 20 years. (I'm sitting at 18.) As you can imagine, I was upset thinking I am having my career dumped down the drain.
 

Warrior644

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PEB Forum Veteran
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Thank you for the feedback! I appreciate the info and this definitely helps with drama of this process. I thought the case manager was wrong with telling me I forfeit my retire pay for being medically retired before 20 years. (I'm sitting at 18.) As you can imagine, I was upset thinking I am having my career dumped down the drain.
No worries, and you are welcome! :)

Indeed, I can definitely imagine your heighten anxiety and frustration from the receipt of erroneous information. :eek:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

sc78_MSG

New Member
Registered Member
I do have one more question if you don't mind, Am I able to draw both retirement disability pay from DFAS and VA comp at the same time or do I have to make it to 20 to get both in this case? Do you know how that works?
 

LAVAINA

PEB Forum Regular Member
Registered Member
Hello, I was just placed in the PDRL but they lower my percentage from 70% to 50%. After my first Re-evaluation with the DoD.
About a year ago the VA conducted a Re-evaluation and they increased my rating from 90% to 100%.
My question is, Why the DoD decreased and the VA increased my unfitting condition? Would this mean the VA will lower my compensation pay?
Thanks you in advance
 

Warrior644

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Staff Member
PEB Forum Veteran
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Hello, I was just placed in the PDRL but they lower my percentage from 70% to 50%. After my first Re-evaluation with the DoD.
About a year ago the VA conducted a Re-evaluation and they increased my rating from 90% to 100%.
My question is, Why the DoD decreased and the VA increased my unfitting condition? Would this mean the VA will lower my compensation pay?
Thanks you in advance
Welcome to the PEB Forum! :)

Indeed, congratulations on your recent placement onto the DoD military PDRL! :D

Upon completion of the DoD IDES MEB/PEB process and placement onto the DoD military TDRL, the military service member now falls under the regulatory compliances of the DoD LDES PEB process.

As such, the DoD shall rate IAW the 38 CFR VASRD all PEB-referred "unfit for duty" medical conditions for which the military service member received placement onto the TDRL. Hence, the DoD isn't obligated (or required) to adopt (or accept) any DoVA disability rating percentages at that point in time for any PEB-referred "unfit for duty" medical condition(s), unfortunately.

In reference to how the lowering of your DoD disability rating percentage shall effect your overall DoVA combined disability rating? I haven't any experiences with that particular issue so I am unable to provide insightful feedback at this point. Hopefully, other PEB Forum member with targeted experiences about this particular issue shall provide their feedback soon.

Nonetheless, I would tend to believe that your military disability retirement pay shall be effected (e.g., decrease). But, it's dependent upon your particular individual financial situation (e.g, receipt of DoVA disability compensation and/or DFAS military retired pay) as to whether you may or may not actually see an overall increase or decrease in total compensation/pay received. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

LAVAINA

PEB Forum Regular Member
Registered Member
Thank You very much for your feedback.
I have 15 days to accepted this findings.
I would like to know if he lowering of my DoD disability rating percentage shall effect my overall DoVA combined disability rating? I currently don't have a case manager or anything in that regards.
 

AnAmericanAirman

PEB Forum Regular Member
PEB Forum Veteran
Was your rating changed for your Unfitting condition(s) when you had your VA reeval? If had remained the same or raised, it is evidence to keep your rating from being lowered.

I used the VA reeval as evidence for my DoD reeval and was put on PDRL with rating staying the same as the VA rating for the Unfitting condition.

AnAmericanAirmain
 

LAVAINA

PEB Forum Regular Member
Registered Member
Hello AnAmericanAirmain,
The Va Increased from 90% to 100% after my first and only Re-evaluation with them.
However, the DoD went from 70% to now 50% the same unfitting condition after my First Re-evaluation with them, but now is PDRL and not TDRL.
I have 15 days to fight this. I will fight this if this effect my overall DoVA combined disability rating and lower my compensation.
 

Warrior644

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PEB Forum Veteran
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Thank You very much for your feedback.
I have 15 days to accepted this findings.
I would like to know if he lowering of my DoD disability rating percentage shall effect my overall DoVA combined disability rating? I currently don't have a case manager or anything in that regards.
Indeed, you are quite welcome! :)

Since you haven't officially accepted the DoD LDES IPEB's recommended findings, I would highly suggest that you immediately contact the OSC (Army), OAC (Air Force) or your military branch's TDRL Legal Counsel Office for their review and feedback to your specific inquiry.

In retrospect via an U.S. Army perspective while placed onto the DoD military TDRL, "you have the right to seek free legal counsel through the Office of Soldiers' Counsel (OSC), at no cost to you, for assistance with your TDRL case! You have the right to review, comment, and appeal the TDRL examination before it is sent to the PEB. Upon receipt of the initial PEB decision, you can demand a formal PEB hearing with or without personal appearance. You can also appeal the PEB decision in writing. Following the PEB, you may appeal your PEB decision to the Army Physical Disability Agency (PDA) and subsequently to the Army Board for Correction of Military Records (ABCMR) if appropriate."

With that all said, please ensure to take full advantage of all due rights when placed onto the DoD military TDRL; it's for your benefit and not the military branch of service. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

LAVAINA

PEB Forum Regular Member
Registered Member
Ok, Thank you Warrior644,
You think that the VA compensation will drop consequently do to this change? Because I've Chosen the VA to pay me and not the DoD, since the different where very obvious.
 

AnAmericanAirman

PEB Forum Regular Member
PEB Forum Veteran
I do not think your VA rating will be affected because of the TDRL reeval.

My question is whether the VA increase in rating involved your Unfitting condition(s)? Did your rating from the VA reeval increase, reduce, or remain same for your Unfitting condition(s)?

Important because if VA rating was increased or stayed the same, it's evidence to counter the DoD reduction.
 

Warrior644

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PEB Forum Veteran
Lifetime Supporter
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Ok, Thank you Warrior644,
You think that the VA compensation will drop consequently do to this change? Because I've Chosen the VA to pay me and not the DoD, since the different where very obvious.
Indeed, you are welcome! :)

In my opinion, your specific DoVA compensation should not drop because the DoVA VBA should not honor any DoD disability rating(s). Albeit, your DFAS military retired pay shall drop since it's a lower DoD disability rating percentage.

Hence, by accepting DoVA compensation in-lieu of DFAS military retired pay, you shall receive only one check and it shall be from the DoVA. Internally, DFAS shall directly reimburse the DoVA for it's military disability retirement pay which shall be paid to you by the DoVA.

With that all said, it shall be very interesting to see how the DoVA and DFAS calculate your overall DoVA compensation & military retired pay. But, it's also good to know (or have a very good idea of) what that particular outcome is now; that's where the OSC (Army), OAC (Air Force) or your military branch's TDRL Legal Counsel Office can provide assistance. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

LAVAINA

PEB Forum Regular Member
Registered Member
Hello,
I just spoke with my VA Social Worker, she found out for me that it won't change my VA compensation and that the best thing to do is to leave it at that because I'm now PDRL. She said that DoD has lately been dropping %.
She said to come by the VA and apply for Total and Permanent disability to lock in VA ratings, so it will never change.
I'm still confused about this, can someone please elaborate on what she means?

Thank you in advance.
 

LAVAINA

PEB Forum Regular Member
Registered Member
Hello,
My VA Social Worker told me to apply for Total & Permanent disability to locking VA ratings, Since now the DoD change from Tdrl to Pdrl.
Does someone know what she means by Locking VA Combined Ratings Total and Permanent ?

Thank you in advance.
 

THolleyH46

PEB Forum Regular Member
PEB Forum Veteran
DOD did the same thing to me and my health had gotten worse. I had twenty years in when I retired and asked for a regular retirement at 50% and transfer to the fleet reserve. They retired me medically and I got 70% TDRL. At first reveal I got 50% PDRL. I didn't even appeal it because I get CDRP and I was only getting paid 50% anyway but they did screw my wife with the SBP. I would have appealed it if she wanted. My VA rating hasn't changed. My rating is total and permanent 100%. Is your rating total and permanent? You can tell on your VA letters in ebenefits. Choose the first option and it will say whether or not you are permanently disabled.
 

LAVAINA

PEB Forum Regular Member
Registered Member
Thanks for the reply THolleyH46,

I just checked the letter in Ebenefits and it says,
"You are considered to be totally and permanently disabled due solely to your service-connected disabilities: No"

I was told that even though I'm DoD 50% PDRL, the VA can in the future reduce my 100% Combined rating because
I'm not considered to be totally and permanently disabled.
If that is so, How do I change that?
Thank you very much.
 

Warrior644

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Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Hello,
I just spoke with my VA Social Worker, she found out for me that it won't change my VA compensation and that the best thing to do is to leave it at that because I'm now PDRL. She said that DoD has lately been dropping %.
She said to come by the VA and apply for Total and Permanent disability to lock in VA ratings, so it will never change.
I'm still confused about this, can someone please elaborate on what she means?

Thank you in advance.
Indeed, that's great; good deal for sure! :)

In retrospect, applying for a DoVA increased rating of "Permanent and Total" (aka P&T) can potentially result in your 100% rate being considered permanent; therefore, you will not be scheduled for future examinations.

Hence, the DoVA Rating Agency can only potentially decease a military veteran's disability ratings via the completion of a C&P examination primarily showing such symptomology IAW the 38 CFR VASRD.

As such, if the military veteran is not scheduled for future examinations, then the DoVA Rating Agency can't change any disability rating percentages unless there exist evidence of fraud when a disability rating was awarded.

Also, having an award of a DoVA 100% P&T disability rating shall authorize entitlement to "Basic Eligibility under the Survivors' and Dependents' Education Assistance Program." Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

LAVAINA

PEB Forum Regular Member
Registered Member
Hello,
I just came back from the VA, I had an appointment with a Veteran Affair Claims Specialist. He Said Just to Accept my 50% Dod Pdrl. That it Won't affect my VA 100% Rating. I asked him if I could claim my Sleep Apnea, Something I was fighting while I Was in service, but now that I'm out the VA conducted a second sleep study and finally concur and gave me a (CPAP). He said No, To leave things the way they are, that it won't make a different. What do you guys think I should do?
 
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