I’ve heard conflicting reports on this and am looking for the true answer. My PEBLO said no since we still have retiree IDs and do a DD-214 and out process, saying we’re out. So on TDRL, are we still technically in?
Are you still considered active duty if you are TDRL?
- Thread starter Nomathematician357
- Start date
Hello @Nomathematician357
No.
TDRL = Temporary Disability Retired List
A person cannot be on active duty and have a DoD disability retirement simultaneously.
However, if at any time you are found fit for duty, you may be removed from the TDRL and returned to active duty. If your disability stabilizes and is rated at 30 percent or greater, you will be transferred to the Permanent Disability Retired List (PDRL).
Ron
Thank you, that’s exactly what I was thinking. They wouldn’t call it retirement if you’re still active… people are funny. Maybe you can help me figure this out, then. I have one condition that isn’t stable, but one that is and that is already 30%, making me eligible for permanent retirement. My PEBLO old me that they’re putting me on TDRL because my mental health conditions are considered “unstable”. If I’m already at the threshold for PDRL for my other referred conditions, what’s the point of me being TDRL? I feel like I should fight this and request to be out on PDRL with my counsel so that I don’t have to undergo any unnecessary evaluations. Do you agree?
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Once you go PDRL your rating doesn't change. You have a 30% rating that is stable, but your MH rating might change. DoD often waits a year or more on MH ratings before making them PDRL. You are the textbook example of why TDRL was invented.
My question is though, whether or not my MH changes, I still have a condition rated at 30%. Shouldn’t that have made me PDRL in and of itself?
The Temporary Disability Retired List (TDRL) is a list of service members found to be unfit for military duty by reason of disability whose conditions have not stabilized sufficiently to permit the assessment of a permanent disability rating.
Evidentally, your conditions have not been evaluated as being stabilized.
Ron
No. One you get PDRL all you DoD rating are froze. They will neither go up or down. Given that your MH rating is not stable DoD will keep you on TDRL for a period of time not to exceed 3 years. (It use to be five years)
If I have proof in my records that my condition has remained the same for several years, could I fight that it has been stabilized, or would that be a moot point and just deal with unnecessary evaluations?
I very dislike TDRL. To me its kind of a joke so I would fight for PDRL because it gives you financial security. Think of it this way. You are diagnosed with PTSD. You are on TDRL. You get out and start to get better. You get rated down from 100% to 30%. Now that rating is fixed for life as PDRL. Now 5 more years go by and you are not in a good place. Your rating for the VA can go back up if it went down but your DOD% will forever be 30%. So in a way TDRL incentives you to not try to get better for fear of losing out financially. Also, without military structure many Soldiers in TDRL for mental health issues don't go to treatment or even attend their TDRL appointment ALL due to mental health issue affecting their judgment. TDRL hurts soldiers who are the most vulnerable. The ones that are least likely to be able to help themselves.
This is exactly my thinking! I see it as that I wouldn’t have PTSD if it weren’t for them, so why don’t they just take accountability for the fact that they ruined me mentally and let me live in peace once I retire?
My VA rating is still 100%, and it was more than the DoD, so I have to take that anyway. I’m not worried financially since I’ll get my 100% from the VA for life. What I worry about is being put through unnecessary evals. Their reason is that “if we take her out of the service, she might get better”, but if I still have the threat of being brought back to duty if some stranger thinks I get better, then I still have the service looming over me, which never really “removed” me from the service. If anything, it adds more stress. That’s why I’ll try to fight for PDRL.
My VA rating is still 100%, and it was more than the DoD, so I have to take that anyway. I’m not worried financially since I’ll get my 100% from the VA for life. What I worry about is being put through unnecessary evals. Their reason is that “if we take her out of the service, she might get better”, but if I still have the threat of being brought back to duty if some stranger thinks I get better, then I still have the service looming over me, which never really “removed” me from the service. If anything, it adds more stress. That’s why I’ll try to fight for PDRL.
If you have proof that your MH condition is stable you can appeal the IPEB decision to the Formal PEB. But the argument would be all your conditions are stabilized, not just one of the two unfitting conditions. Definitely take advantage of free PEB legal services provided by your service JAG.
You’ll have your re-evaluation for MH only, as reflected on your AF Form 356. No matter the outcome of your re-eval for MH you’ll be PDRL due to having your P&S migraine condition locked at 30%. I’m in the same boat. Congrats and keep getting the treatment you deserve.
I’m in this situation right now. I’m just curious how it’s going for you? I have a 100% VA rating and a 70% TDRL from the DoD. When I get out, will I be getting paid the VA rating since it’s higher? And how do I know if I’m going to get the VA pay for life? Also, are you currently fighting for PDRL and how is that going? Any info will help!!
You will receive your VA compensation regardless of whether it is higher or not.
The VA amount remains unchanged. In other words, whatever happens with your DoD retired pay does not impact receipt of VA compensation UNLESS you indicated you did not want to receive VA compensation on the application form.
The concept of "whichever is higher" is incorrect.
One's retired pay is reduced dollar for dollar in the amount of VA compensation. In most cases, zero retired pay remains; however, if some is left over the retiree keeps it.
EXAMPLE 1:
Disability retiree with less than 20 years AD. The amount of VA compensation is 3000 in this example. The amount of DoD retired pay is 2000 in this example.
2000 retired pay minus 3000 VA comp amount = zero retired pay received. The retiree receives only 3000 a month in VA compensation.
EXAMPLE 2:
Disability retiree with less than 20 years AD. The amount of VA compensation is: 3000 in this example. The amount of DoD retired pay is 4000 in this example.
4000 retired pay minus 3000 VA comp amount = 1000 residual retired pay paid each month to retiree by DoD. The retiree also receives 3000 a month in VA compensation.
I have never seen one case where it was better to decline VA compensation.
Ron
Hi! You’ll get the VA rating since it’s higher, but will be re-evaluated in about a year after retiring. VA ratings are for life from what my PEBLO explained to me. I decided not to fight for PDRL since I already have another permanent and stable condition over 30% that will eventually place me in PDRL anyway, so I’m just riding it out.
The concept of "whichever is higher" is incorrect.
One's retired pay is reduced dollar for dollar in the amount of VA compensation. In most cases, zero retired pay remains; however, if some is left over the retiree keeps it.
EXAMPLE 1:
Disability retiree with less than 20 years AD. The amount of VA compensation is 3000 in this example. The amount of DoD retired pay is 2000 in this example.
2000 retired pay minus 3000 VA comp amount = zero retired pay received. The retiree receives only 3000 a month in VA compensation.
EXAMPLE 2:
Disability retiree with less than 20 years AD. The amount of VA compensation is: 3000 in this example. The amount of DoD retired pay is 4000 in this example.
4000 retired pay minus 3000 VA comp amount = 1000 residual retired pay paid each month to retiree by DoD. The retiree also receives 3000 a month in VA compensation.
I have never seen one case where it was better to decline VA compensation.
Ron
Okay this makes sense. And I thought I understood it yesterday, but I followed up with my PEBLO today and she said that since I am on TDRL, members on that list are given between 50%-75% of base pay. But in my situation she’s saying I would get 70% since that’s what my findings came back at. So I guess that makes it sound like the VA rating doesn’t matter for members on TDRL?
Hi! Thanks so much for your response. This is exactly how I understood it, but I just wanted to verify with someone who’s actually kind of in the same boat as me. So are you out now, technically retired, and JUST receiving your VA disability while waiting to be re-evaluated?
No it does. Your PEBLO was just talking about your pension while on TDRL. In order to accept VA compensation you agree to waive that exact same amount of your pension. So if your pension was $2,000 a month from TDRL and your VA compensation was $3,200 per month then you would only received your VA compensation since that amount is greater than your pension amount. Most chapter 61 retirees don't get their pension since the VA compensation amount is greater than their pension amount. Also, since VA compensation is tax free there is never a situation where it makes sense to decline it in order to receive your pension.