Type 1 Diabetes, TDRL

captbeetus

New Member
Registered Member
Hello everyone.

I am in need of some guidance and feedback on my next course of action, and overall impression of my thoughts moving forward.

Today I received my IPEB findings as 60% DoD / 90% VA. Backstory: 8 years active duty, recently diagnosed in October with type 1 diabetes, immediately taken off flying status, and an MEB was initiated. I did not fight to stay in, nor did my commander recommend retention. I was initially expecting a 40% DoD rating, so I was surprised by the 60%/90%. Upon review with the PEBLO, we went over temporary disability and touched on the implications without going into too much detail. I was then handed a legal representation form to contact the Office of Airmen's Counsel to discuss my next move with an Air Force attorney. I left without signing anything and my head's all over the place.

Quick math - VA offered me $1800, and DoD would offer me 60% of my base pay which would be roughly $3600. Even after taxes it seems like taking DoD compensation would be favorable if my rating remains at 60%.

My real question is what the DoD's intentions are with putting me on TDRL, and how liable or likely they would be to adjust my percentage down to 40% or even (unlikely) 20%. The biggest clue I can find is on remarks section of the form which basically states that the IPEB finds the condition is incompatible with the rigors of military service and unfitting, and, "The condition is not stable and permanent because the preponderance of medical evidence indicates the severity of the condition is likely to change within the next 3 years. TDRL status is provided not because of expectation of return to duty but because the medical condition has not yet stabilized. The board wants to be sure that the SM reaches the highest possible level of physical and mental health."

To me, that reads 1 of 2 ways. Either the Air Force suddenly holds altruistic motives and wants to make sure I don't die on them, or, what I believe is more likely the case, monitor my condition such that they can ultimately lower my disability percentage. I'd like to think that this is their way of saying, "we'll keep you at your current rating despite having stabilized between the time your paperwork was submitted and returned, but we want further documentation showing you've stabilized," but I am skeptical and honestly not surprised that this is turning into one more jab in the heart before I medically retire.

I expect to hear back from the attorney within the next few days, but I'm wondering if anyone has encountered a similar situation, or can provide me some insight as to what I can possibly expect.

Thanks!
 

RonG

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I have never seen a case where taking VA compensation is undesirable.

Your DoD Disability Retirement Pay is reduced by the amount of VA compensation; however, you keep any residual retired pay (left over).

CRSC might replace some of the waived retired pay if you have combat related disabilities. An application is required.

Edited to add: Accepting VA compensation results in a dollar for dollar reduction in retired pay. Sometimes there is retired pay left over from the reduction and the retiree keeps it.
Additionally, accepting VA compensation does not negate entitlement to Tricare or other retiree benefits.

Ron
 

captbeetus

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Registered Member
Thanks for that clarification - bad misunderstanding on my part. Also, I think I may have posted this in the wrong forum...any chance it could be moved?
 

RonG

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This thread has been moved to:


Ron
 

tony292

PEB Forum Regular Member
PEB Forum Veteran
Take the VA comp. you’ll get 1800 tax free and the rest of the 3600 will come
From dod.
 

Dani2920

Well-Known Member
PEB Forum Veteran
Registered Member
I was put on TDRL but the language read, "condition unlikely to improve." Im Navy though. Seems they are thinking your condition will improve and rating will decrease...which shouldn't be so alarming, given you didnt think 60% was appropriate.
 

captbeetus

New Member
Registered Member
I was put on TDRL but the language read, "condition unlikely to improve." Im Navy though. Seems they are thinking your condition will improve and rating will decrease...which shouldn't be so alarming, given you didnt think 60% was appropriate.
Sorry, I'd like to clarify that comment. It was never a matter of not finding 60% appropriate, but rather expecting a lower percentage. Call it pleasantly surprised. I definitely qualify for 60%, which is why I'm skeptical of being placed TDRL.
 

Dani2920

Well-Known Member
PEB Forum Veteran
Registered Member
Well if you were surprised, I'd be wary of tempting fate with an appeal. Up to you.
 
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