Approaching End of TDRL (Navy)

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Waste Heat

Well-Known Member
PEB Forum Veteran
Registered Member
Good Morning,

I am about 6 months from the end of my time on TDRL. At the PEB my findings were unfit with 50% DOD and 100% VA P And T. I had a little over 25 1/2 years of active service. So, I am eligible to retire based on longevity. I have never been scheduled for a physical exam. PERS has not been responsive when I have reached out to them in the past. I have reached out to the IDES JAG at the Navy Yard and PERS (again) and I am waiting to hear back from both or either.

Will my VA rating be impacted by the physical exam? I know the DOD rating and VA rating are separate (DOD only looks at the unfitting condition and determines if you are medically retired - especially important if you do not have 20 years of service). Because I am P and T, I have had no additional VA exams since my VA rating was adjudicated and believe that unless fraud was suspected that I would not ever have any additional VA exams.

Can I forgo the physical exam and be moved to the retired list since I am entitled to retire based on longevity? This seems like a bit of administriva and hoops to jump thru to get to the same endgame.

I have attached a brochure I found online (looks like PERS 954 might have created it) that talks about requesting a regular retirement. However, the wording leads me to believe this is designed for the period immediately following your PEB and you are in the response window. When I went through this process that did not seem to be an option. I did ask the direct question of why I was on the TDRL with 25 1/2 years of service and it came down to how the law is written.

Looking for folks who might have been in this same situation and could share what they did or advice they received.

PEB forum was probably one of the most helpful resources as I navigated the MEB/PEB/VA etc 3 years ago. Any comments appreciated.
 

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You are already getting paid based on longevity and I assume you are getting CRDP. So I don't see the harm in skipping out on it. Too bad you didn't decline it from the start. Then you wouldn't have this uncertainty about getting off TDRL.

@Jason Perry @RonG @johnbgately Do any of you know if your rating drops to zero on TDRL if anything will change for him since he has earned a regular retirement?
 
Provis said:
You are already getting paid based on longevity and I assume you are getting CRDP. So I don't see the harm in skipping out on it. Too bad you didn't decline it from the start. Then you wouldn't have this uncertainty about getting off TDRL.

@Jason Perry @RonG @johnbgately Do any of you know if your rating drops to zero on TDRL if anything will change for him since he has earned a regular retirement?
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In doing some digging around I noticed that the Navy issued an update to 1850.4 within days of me accepting my findings. In the new version of the instruction the member is allowed to elect regular retirement with the caveat that the requirement to exit active duty within X amount of days still applies. I would have gladly taken that if it was on the table at the time. Your assumptions are correct on longevity and CRDP. Thanks for the response.
 
Provis said:
You are already getting paid based on longevity and I assume you are getting CRDP. So I don't see the harm in skipping out on it. Too bad you didn't decline it from the start. Then you wouldn't have this uncertainty about getting off TDRL.

@Jason Perry @RonG @johnbgately Do any of you know if your rating drops to zero on TDRL if anything will change for him since he has earned a regular retirement?
Click to expand...
You are correct about the amount of gross pay received via CRDP. IF he longer has a DoD disability rating, then he might lose the non-taxable status of some of his retired pay (if applicable).

Retirements in general. One has to apply.
Regular retirement: I applied one year before my desired retirement date. Desert Storm had some effect on the actual date.
Reserve retirement: It is my understanding that one can apply a few months prior to meeting the age requirement

Ron
 
Waste Heat said:
Good Morning,

I am about 6 months from the end of my time on TDRL. At the PEB my findings were unfit with 50% DOD and 100% VA P And T. I had a little over 25 1/2 years of active service. So, I am eligible to retire based on longevity. I have never been scheduled for a physical exam. PERS has not been responsive when I have reached out to them in the past. I have reached out to the IDES JAG at the Navy Yard and PERS (again) and I am waiting to hear back from both or either.

Will my VA rating be impacted by the physical exam? I know the DOD rating and VA rating are separate (DOD only looks at the unfitting condition and determines if you are medically retired - especially important if you do not have 20 years of service). Because I am P and T, I have had no additional VA exams since my VA rating was adjudicated and believe that unless fraud was suspected that I would not ever have any additional VA exams.

Can I forgo the physical exam and be moved to the retired list since I am entitled to retire based on longevity? This seems like a bit of administriva and hoops to jump thru to get to the same endgame.

I have attached a brochure I found online (looks like PERS 954 might have created it) that talks about requesting a regular retirement. However, the wording leads me to believe this is designed for the period immediately following your PEB and you are in the response window. When I went through this process that did not seem to be an option. I did ask the direct question of why I was on the TDRL with 25 1/2 years of service and it came down to how the law is written.

Looking for folks who might have been in this same situation and could share what they did or advice they received.

PEB forum was probably one of the most helpful resources as I navigated the MEB/PEB/VA etc 3 years ago. Any comments appreciated.
Click to expand...
Lots to unpack here. So let’s address a couple things.

First, SECNAV M-1850.1 addresses RegNav (“Fleet Reserve”) retirement when issued a disability retirement. You are supposed to turn down your TDRL retirement in favor of your Fleet retirement through your DES attorney, but you have to do it *before* your TDRL begins. If you fail to do so before your TDRL begins, according to the 1850.1, you are TDRL. Period. If you want to reverse it, the cleanest/best way to do it is through BCNR. Admittedly that takes a while, but BCNR has a lot of authority and it will be the cleanest route in the end because they have the authority to just order the Navy to fix shit.

And yes, that brochure you found is basically accurate. It’s a couple years old, and a couple minor things have changed slightly, but it’s pretty good. ANd the part where it says this stuff has to happen while you are in the response window is accurate.

Bottom line: you cannot just “move” from TDRL to the Fleet retired list. Won’t happen without some serious rock-breaking.

Second of all, TDRL/PDRL and VA disability are two different cats. T/PDRL is DON/DOD, and VA is…well, VA. So the good news is, *not* going to a TDRL exam has no effect on your VA rating. The bad news is, not going to your TDRL exam….will cause you to lose your TDRL, and therefore, your Tricare coverage. That’s the “T” part in “TDRL.” Temporary. Tricare goes away, ID card lapses…you are no longer a Navy retiree. You are a civilian. That’s what happens when your TDRL date ends without your exam and another review by PEB.

Hope that helps.
 
Provis said:
You are already getting paid based on longevity and I assume you are getting CRDP. So I don't see the harm in skipping out on it. Too bad you didn't decline it from the start. Then you wouldn't have this uncertainty about getting off TDRL.

@Jason Perry @RonG @johnbgately Do any of you know if your rating drops to zero on TDRL if anything will change for him since he has earned a regular retirement?
Click to expand...
Not quite accurate. See my response above.

If he’s getting TDRL and VA pay via CDRP, that is *not* the same as fleet retirement for >20 years service. TDRL goes away, so does the Navy pay. DFAS rips that pay out from under you automatically at 36 months and one day. Religiously.
 
PERS-95 said:
Not quite accurate. See my response above.

If he’s getting TDRL and VA pay via CDRP, that is *not* the same as fleet retirement for >20 years service. TDRL goes away, so does the Navy pay. DFAS rips that pay out from under you automatically at 36 months and one day. Religiously.
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Hello,

This retiree receives CRDP paid by DFAS because he is:
—retired
—agrees to waive VA comp dollar for dollar in the amount of VA compensation
—Has a VA rating of 50% or more
AND
qualifies for another retirement that makes him eligible for CRDP (I.e., 20 years AD)

If he loses TDRL, he is still eligible for retired pay for a regular retirement and CRDP paid by DFAS.
How DFAS processes that new status is unknown to me.

@Provis

Ron
 
RonG said:
Hello,

This retiree receives CRDP paid by DFAS because he is:
—retired
—agrees to waive VA comp dollar for dollar in the amount of VA compensation
—Has a VA rating of 50% or more
AND
qualifies for another retirement that makes him eligible for CRDP (I.e., 20 years AD)

If he loses TDRL, he is still eligible for retired pay for a regular retirement and CRDP paid by DFAS.
How DFAS processes that new status is unknown to me.

@Provis

Ron
Click to expand...
I just posted a new thread in the Navy section on this topic. SECNAV M-1850.1 says when you choose TDRL, you give up your Fleet Reserve retirement.

I’ll tell you how DFAS processes it. They drop you out of TDRL at 36 months and 1 day, and forget they know you. They don’t do shit with your Fleet Reserve retirement, because you didn’t request it and you don’t rate it (according to the SECNAV manual). This argument has been going back and forth a long time. It happens a *lot.*

Don’t shoot the messenger, just telling you what the manual says and how it is applied by DFAS.
 
PERS-95 said:
I just posted a new thread in the Navy section on this topic. SECNAV M-1850.1 says when you choose TDRL, you give up your Fleet Reserve retirement.

I’ll tell you how DFAS processes it. They drop you out of TDRL at 36 months and 1 day, and forget they know you. They don’t do shit with your Fleet Reserve retirement, because you didn’t request it and you don’t rate it (according to the SECNAV manual). This argument has been going back and forth a long time. It happens a *lot.*

Don’t shoot the messenger, just telling you what the manual says and how it is applied by DFAS.
Click to expand...
That is interesting. I can understand DFAS needing a new retirement packet as retirements such as regular and non-regular require an application for retirement and an approval by the service concerned. I skimmed through the Navy manual and will look at again Saturday. The entitlement to retired pay is prescribed by law, not a manual.

Somewhat related, reservists who qualify for non-regular retirement upon reaching the age requirement might be on TDRL or PDRL before getting to that age. An application for non-regular retirement is necessary for several things upon approval. DFAS starting CRDP for the retiree being one of them.

Ron

edited to add: Mentioned,
"I’ll tell you how DFAS processes it. They drop you out of TDRL at 36 months and 1 day, and forget they know you. They don’t do shit with your Fleet Reserve retirement, because you didn’t request it and you don’t rate it (according to the SECNAV manual). This argument has been going back and forth a long time. It happens a *lot.*
Don’t shoot the messenger, just telling you what the manual says and how it is applied by DFAS."

Comment: DFAS acts upon receipt of retirement and other pay documents. If the member is no longer on the TDRL, then it is appropriate that he no longer receives retired pay from DFAS until an approved retirement packet is received from the service concerned for a regular retirement. The glitch is with the service, not DFAS.
 
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