It seems that anyone who is found unfit and rated greater than 30% is automatically put on TDRL. It seems few skip straight to PDRL. Is it just common practice to go on TDRL at 30% or more, or is it based on an actual instruction?
>30% Automatic TDRL?
- Thread starter builtgypsy
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Not really a true statement, but I can see how it can seem that way.
The decision of TDRL vs PDRL is supposed to be based on the disability and the likelyhood of it changing either for the good or bad over a 5 year period.
What about TDRL vs. admin separation? Anything preventing them from simply separating you instead of putting you on TDRL, if you have greater than 30%?
Once you've been rated at least 30% you're either going to be TDRL or PDRL. The trick is if you're in the Navy and the results come back return to duty.
It seems that in the Navy even if you are found fit based on rank and job, they have a tendency to Admin sep you because your ship doesn't want a partially broken sailor.
It seems that in the Navy even if you are found fit based on rank and job, they have a tendency to Admin sep you because your ship doesn't want a partially broken sailor.
That's good news. Well, except for sailors getting adsep'd. I'm not attached to the boat in any way right now, and the command I'm at doesn't seem concerned one way or another.
Except for the MO, the medical staff is new, which is great for me. They're taking me at my word about what all is going on. The MO was fine with the surgeon wanting to extend my LIMDU and then going to an MEB. If my luck holds out, I think everything will turn out fine as far as my command goes.
Which brings me to another question. How well do the MEB know what all you are expected to do for your rate in making their decision? I find that anyone outside of the nuclear bubble, no one seems to know exactly what we do.
Except for the MO, the medical staff is new, which is great for me. They're taking me at my word about what all is going on. The MO was fine with the surgeon wanting to extend my LIMDU and then going to an MEB. If my luck holds out, I think everything will turn out fine as far as my command goes.
Which brings me to another question. How well do the MEB know what all you are expected to do for your rate in making their decision? I find that anyone outside of the nuclear bubble, no one seems to know exactly what we do.
Isn't there a section in the regs that say you will do your job and every other job any senior-in-rate or khaki tells you you're going to do as well? 
Jason Perry
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The MEB will put a statement about your ability to perform your duties, but it does not carry much weight. The fitness decision is wholly in the purview of the PEB, and they have line officers assigned for that reason. The MEB folks are doctors and they can gather input from the Servicemember and Chain of Command, but they don't neccesarily have any background in what a particular job requires.
ladysultana
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Hi-
RE: FOUND FIT
The military (USN/USMC) that I know of can Admin Sep you after your first 18 month evaluation if found fit simply because they do not want to pay disability. That's the only reason, in fact it's in the TDRL instruction to do this.
MARINE 40% and 6 YRS
If you're on TDRL, you'll have to appear before 2 medical boards, 18 months apart, before you will permanently be retired. If, they decide to retire and not Admin Sep you. Because you have less than 15 yrs, it is likely you won't retire. There's no reason for the military to retire you. Anyone with less than 15 yrs will probably be Admin Sep'd. You can't be on TDRL longer than 5 yrs.
THE MEB
Whatever happens when you get to D.C., DON'T LET THE LAWYERS TALK YOU OUT OF APPEARING BEFORE THE BOARD. They will downgrade your illnesses, degrade you, and try to get you to go for a lesser amount, which ultimately lowers the disability rating for you. GO BEFORE THE MED BOARD.
WHAT YOU DO FOR YOUR JOB
The whole point of your command offering feedback is to support you during this Medical Board. They should specifically go through your job functions with you and determine what you can or cannot do. Specifically. And if you can get a MasterChief or MasterGunney to sit down and write it all down, all the better for you. Be specific about the range of your duties and what cannot be performed. This helps during the Med Board.
ADMIN SEP vs RETIREMENT
I HIGHLY suggest anyone on TDRL read the SECNAVINSTR to understand everything about TDRL. Starting at about page 80 or 90. This is critical to your retaining your retirement. Go to Google and type in
SECNAVINST 1850.4E
It is worth it to be prepared about what you are and are not entitled to. Unfortunately for those under 15 yrs, you may be automatically separated because you do not have enough time in service to retire. You can only be on TDRL 5yrs. If you are not within the retirement age, you will more than likely be separated. But, you can get disability rating from the VA. Be sure and apply for it while you are ON ACTIVE DUTY.
Hope this helps,
LS-
RE: FOUND FIT
The military (USN/USMC) that I know of can Admin Sep you after your first 18 month evaluation if found fit simply because they do not want to pay disability. That's the only reason, in fact it's in the TDRL instruction to do this.
MARINE 40% and 6 YRS
If you're on TDRL, you'll have to appear before 2 medical boards, 18 months apart, before you will permanently be retired. If, they decide to retire and not Admin Sep you. Because you have less than 15 yrs, it is likely you won't retire. There's no reason for the military to retire you. Anyone with less than 15 yrs will probably be Admin Sep'd. You can't be on TDRL longer than 5 yrs.
THE MEB
Whatever happens when you get to D.C., DON'T LET THE LAWYERS TALK YOU OUT OF APPEARING BEFORE THE BOARD. They will downgrade your illnesses, degrade you, and try to get you to go for a lesser amount, which ultimately lowers the disability rating for you. GO BEFORE THE MED BOARD.
WHAT YOU DO FOR YOUR JOB
The whole point of your command offering feedback is to support you during this Medical Board. They should specifically go through your job functions with you and determine what you can or cannot do. Specifically. And if you can get a MasterChief or MasterGunney to sit down and write it all down, all the better for you. Be specific about the range of your duties and what cannot be performed. This helps during the Med Board.
ADMIN SEP vs RETIREMENT
I HIGHLY suggest anyone on TDRL read the SECNAVINSTR to understand everything about TDRL. Starting at about page 80 or 90. This is critical to your retaining your retirement. Go to Google and type in
SECNAVINST 1850.4E
It is worth it to be prepared about what you are and are not entitled to. Unfortunately for those under 15 yrs, you may be automatically separated because you do not have enough time in service to retire. You can only be on TDRL 5yrs. If you are not within the retirement age, you will more than likely be separated. But, you can get disability rating from the VA. Be sure and apply for it while you are ON ACTIVE DUTY.
Hope this helps,
LS-
Jason Perry
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LS,
Welcome! The following comments are more to clarify, because the language used can be confusing for those not familiar with the system.
After your re-evaluation, any outcome is possible, from a fit finding, to separation with severance pay, to PDRL or retention on TDRL (at the same original rating. If fit, you will have the option to re-enlist/re-appointment as an officer.
Welcome! The following comments are more to clarify, because the language used can be confusing for those not familiar with the system.
.
After your re-evaluation, any outcome is possible, from a fit finding, to separation with severance pay, to PDRL or retention on TDRL (at the same original rating. If fit, you will have the option to re-enlist/re-appointment as an officer.
You can appear before a single PEB after one period of TDRL and any outcome is possible. 15 years does not do anything for you in the PEB process (the rare exception is certain reservists with non-duty related conditions that are unfitting can be retired).
No one should talk anyone into appearing or not appearing. What should be considered is your goals, the evidence and strength of your case, and any risks. What I will say is that by not going to the Formal PEB, you have to accept the earlier findings and you may have issues with raising your concerns on appeal if you do so. This is an important decision that should be made with advice of qualified counsel.
I agree that a clear, specific letter supporting your position can greatly help your case.
Everyone should be familiar with their service regulations. You can find the Dept. of Navy reg here: Physical Evaluation Board Forum - PEB Library - SECNAVINST 1850.4E
Again, there is no protection from having 15 years. And remember that the time on TDRL does not count towards retirement. It is best to apply for VA benefits as soon as possible.