Appeal TDRL for PDRL -"Unstable Condition"

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whb07

New Member
Registered Member
I just received my ratings and I am unsure as to what I should do. My only unfitting condition was lower back injury herniations rated at 40% DOD but was placed TDRL as it was rated "unstable". I have had the injury for a good 3 years now, and i've been receiving treatment on it for at least 2.5 years and nothing has improved it/or made it worse. Seems the injury is staying as is and stable.

Should I request a formal board and see if they can change the unfitting condition to stable? I also got rated for sciatica bilateral legs, but it was under CAT III, not unfitting. Should i ask to have the sciatica added as unfitting as well? Is the formal board worth it to possibly get done with the uncertainty and move into PDRL? I feel like the other conditions i got rated by the VA are the typical grunt list: knees, hip, neck, tinnitus but the VA deemed them all unstable.

If anyone here has any tips or suggestions as to what I should do I'm glad to take them! I am really just looking forward to being done with all this, and the 40% DOD and 90%VA TDRL does seem nice for now. I just dont wan't to deal with a massive undercut by some random doctor who's not feeling too happy about things when I have to do my re-evaluation.
 
whb07 said:
I just received my ratings and I am unsure as to what I should do. My only unfitting condition was lower back injury herniations rated at 40% DOD but was placed TDRL as it was rated "unstable". I have had the injury for a good 3 years now, and i've been receiving treatment on it for at least 2.5 years and nothing has improved it/or made it worse. Seems the injury is staying as is and stable.

Should I request a formal board and see if they can change the unfitting condition to stable? I also got rated for sciatica bilateral legs, but it was under CAT III, not unfitting. Should i ask to have the sciatica added as unfitting as well? Is the formal board worth it to possibly get done with the uncertainty and move into PDRL? I feel like the other conditions i got rated by the VA are the typical grunt list: knees, hip, neck, tinnitus but the VA deemed them all unstable.

If anyone here has any tips or suggestions as to what I should do I'm glad to take them! I am really just looking forward to being done with all this, and the 40% DOD and 90%VA TDRL does seem nice for now. I just dont wan't to deal with a massive undercut by some random doctor who's not feeling too happy about things when I have to do my re-evaluation.
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It appears you will have one more evaluation. Do you anticipate changes in treatment/recovery over the next 18 months? Also, have you consulted with legal counsel about the possibilities of requesting a formal board? Like you, I wanted off TDRL as soon as possible (luckily, at first re-eval I was placed on PDRL). However, having a strong advocate involved early on in the PEB process showed me the benefit of accepting TDRL, while developing the fight for PDRL at the next review/re-eval. Each case is different. Best of luck.
 
whb07 said:
I just received my ratings and I am unsure as to what I should do. My only unfitting condition was lower back injury herniations rated at 40% DOD but was placed TDRL as it was rated "unstable". I have had the injury for a good 3 years now, and i've been receiving treatment on it for at least 2.5 years and nothing has improved it/or made it worse. Seems the injury is staying as is and stable.

Should I request a formal board and see if they can change the unfitting condition to stable? I also got rated for sciatica bilateral legs, but it was under CAT III, not unfitting. Should i ask to have the sciatica added as unfitting as well? Is the formal board worth it to possibly get done with the uncertainty and move into PDRL? I feel like the other conditions i got rated by the VA are the typical grunt list: knees, hip, neck, tinnitus but the VA deemed them all unstable.

If anyone here has any tips or suggestions as to what I should do I'm glad to take them! I am really just looking forward to being done with all this, and the 40% DOD and 90%VA TDRL does seem nice for now. I just dont wan't to deal with a massive undercut by some random doctor who's not feeling too happy about things when I have to do my re-evaluation.
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Welcome to the PEB Forum! :)

In retrospect, upon requesting and being granted a FPEB, the official start of the FPEB hearing shall null and void any previous PEB recommendation. The PEB must adopt all DoVA D-RAS proposed ratings for all medical conditions.

As such, the President of the FPEB has the authority to make their own decision in reference to the fitness (e.g., "fit for duty" or "unfit for duty") of any medical condition(s), a TDRL or PDRL determination, and a combat/combat-related finding (if warranted). Take care!

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

Best Wishes!
 
Warrior644 said:
Welcome to the PEB Forum! :)

In retrospect, upon requesting and being granted a FPEB, the official start of the FPEB hearing shall null and void any previous PEB recommendation. The PEB must adopt all DoVA D-RAS proposed ratings for all medical conditions.

As such, the President of the FPEB has the authority to make their own decision in reference to the fitness (e.g., "fit for duty" or "unfit for duty") of any medical condition(s), a TDRL or PDRL determination, and a combat/combat-related finding (if warranted). Take care!

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

Best Wishes!
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Thanks for the response but I am still left in ambiguity with this post. I am tracking what the FPEB does and how they set their own review etc. but my question still stands. I do not think a year or two or three will change my lower back injury, hopefully it wont get worse but I have a feeling i got placed in TDRL in hopes I fully recover which my doctors already stated i won't be. With that in mind, is it worth it for me to request the FPEB to switch the TDRL for PDRL ? Or just wait the 18 months like Pittpan is saying and just present the evidence to the doctor and tell him "yeah im not getting any better". I just want to move on at this point with my life.

thanks for all the quick responses
 
Being on PDRL will gill you certainty. For many people that is reassuring. It sounds like your condition (niether get worse nor better) should be PDRL. If you decided to appeal to the FPEB, I would request the sciatic be added, if you have proof it interfered with a military duty. I would also check your service regulations on what qualifies as unfitting.
 
whb07 said:
Thanks for the response but I am still left in ambiguity with this post. I am tracking what the FPEB does and how they set their own review etc. but my question still stands. I do not think a year or two or three will change my lower back injury, hopefully it wont get worse but I have a feeling i got placed in TDRL in hopes I fully recover which my doctors already stated i won't be. With that in mind, is it worth it for me to request the FPEB to switch the TDRL for PDRL ? Or just wait the 18 months like Pittpan is saying and just present the evidence to the doctor and tell him "yeah im not getting any better". I just want to move on at this point with my life.

thanks for all the quick responses
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Well, indeed, the final decision is ultimately yours to decide albeit I presented the facts about a FPEB hearing since I have confirmed experiences with several formal boards while in the DoD IDES process and currently in the DoD LDES PEB process.

That said, it's my opinion that you shall need to weigh all options at this particular point in time. Remember, being on DoD TDRL doesn't guarantee a DoD PDRL decision in 18 months or so! Please choose wisely, consult an IDES attorney, and take care!

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

Best Wishes!
 
JULY 2015 70% TDRL. NOVEMBER 30% PDRL. DECEMBER APPEAL, STILL 30%. Nothing has changed except for the fact that I'm taking more meds. No too sure why I'm being raked over the coals but I'm on the way to FBEP soon. Any suggestions? I've already submitted all I got to my appeal.
 
pittpan2005 said:
It appears you will have one more evaluation. Do you anticipate changes in treatment/recovery over the next 18 months? Also, have you consulted with legal counsel about the possibilities of requesting a formal board? Like you, I wanted off TDRL as soon as possible (luckily, at first re-eval I was placed on PDRL). However, having a strong advocate involved early on in the PEB process showed me the benefit of accepting TDRL, while developing the fight for PDRL at the next review/re-eval. Each case is different. Best of luck.
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In your situation , what was the real benefit for tdrl? The uncertainty of being lowballed at re-evaluation would make me uneasy
 
Noobzor said:
In your situation , what was the real benefit for tdrl? The uncertainty of being lowballed at re-evaluation would make me uneasy
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The IPEB found me unfit at 0%. Our thinking was argue for TDRL, emphasizing my desire to recover and return to service, would be an easier sell than arguing for PDRL. My medical condition was also unstable. Over the next 18 months I developed my narrative for PDRL.
 
I went for an FPEB to appeal 70% TDRL and got 70% PDRL through my lawyer without going to the board but when I got back home they changed it to TDRL again. Deal breaker.

I got PDRL at my first reeval but they lowered my percentage to 50%.
 
THolleyH46 said:
I went for an FPEB to appeal 70% TDRL and got 70% PDRL through my lawyer without going to the board but when I got back home they changed it to TDRL again. Deal breaker.

I got PDRL at my first reeval but they lowered my percentage to 50%.
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Hello THolleyH46,

Did you have a military Lawyer or an outside Lawyer? Could I get their contact info?

Thank you
SFC PJB
 
SFCPJB said:
Hello THolleyH46,

Did you have a military Lawyer or an outside Lawyer? Could I get their contact info?

Thank you
SFC PJB
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It was just my military lawyer. I don't remember his name. The deal he got me didn't stick so it wasn't that good of a deal. He was at the Washington Navy Yard.
 
I have a similar condition. I got 70% military and 90 % VA. I have 33 total years with 20.6 title 10. I thought over 20 was automatically recommended retirement. They recommended TDRL for unstable condition. Wondering if lawyer would do any good?
 
Egressstring said:
I have a similar condition. I got 70% military and 90 % VA. I have 33 total years with 20.6 title 10. I thought over 20 was automatically recommended retirement. They recommended TDRL for unstable condition. Wondering if lawyer would do any good?
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**** Happy New Year ****

Welcome to the PEB Forum! :)

With 20+ years of AFS, a military personnel is authorized a military "length of service" retirement under regular retirement conditions.

Since you were referred with acceptance into the DoD IDES MEB/PEB process and received a DoD rating of 30% or more, you are also authorized a military retirement albeit it shall be either DoD TDRL or DoD PDRL in nature. Also, you shall receive either the DoD LOS rating or DoD TDRL rating, which every is the highest rating for military retirement pay.

Indeed, if you strongly believe that a DoD PDRL is warranted in your particular situation then an IDES attorney could assist with hopefully getting a changed decision from the PEB to a DoD PDRL. Recall that a DoD TDRL decision is a true military retirement but you are required to undergo a TDRL re-evaluation between 6 months up to 18 months from official placement. Take care!

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

Best Wishes!
 
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