Just got Removed from TDRL and w/ Separated Severance Help!!!

Sheldontl

PEB Forum Regular Member
Registered Member
Good Morning,

This all began while I was going through infertility treatment when the Navy doctors noticed that I had an anomaly in one of the blood test results. This was further tested and determined that I had an extremely rare bleeding disorder (Factor VII deficiency). This disorder basically classified me as a Hemophiliac and as such no longer able to preform my duties as a Military Policeman or be world wide deployable.

I was placed on a PEB just as the IDES program was starting. Along with the blood disorder I also was diagnosed with PTSD. At the end of the PEB I was placed on the TDRL with a rating of 0% for the blood disorder and 50% for the PTSD. My overall VA rating was then determined to be 80% and has recently been upgraded to 90%.

The reason I am posting is that I have just had a terrible update from the DoD/HQMC yesterday. I have a ton of worries and very little information on what my next course of action options are. First I am currently residing on Camp Lejeune as a retiree, so this is now in jeopardy since I have been only given separation with severance. The letter of decision and orders are dated to be effective Nov 30, so I only have 24 days max to figure out my options. Now the lease on the quarters is not up until Dec 28th, so the first question is will I be forced to move off base prior to my lease ending or not? Second one is a multi-part question.

First question is, am I even able to appeal the boards decision to remove me from the TDRL and just separate me with no retirement? If I am able to appeal this decision the time it is being adjudicated will their decision to remove me from the TDRL still be enforced or does the process stop leaving me on TDRL until the appeal process is done?

The next issue I have is that I only learned about the decision from the DoD/HQMC from their package that had my separation orders a certificate of separation.....and an insulting lapel pin as a gift of my service. So should I not have been sent a notice of results from my periodical physical exam prior to getting the separation orders from HQMC? The timing just seems a bit short fused especially considering the possibility of having to move and then source medical insurance since they are stripping me and my family of all Tri-Care benefits (sorry if that comes off with a hint of anger and frustration).

Next is what are my options in general? Because I was over 15 years of service at the time I would have been eligible for the TERA. Will that even be taken into consideration during the appeal process? If all goes down the tubes and I am forced to accept their separation with severance, is the amount of years of service calculated from the time I was originally placed on TDRL (15 years 6 months) or at the time of my final separation (18 years 11 months)?

Lastly is there a vehicle to have my original evaluation and assessment for my PTSD corrected? The write up (done by the VA Doctor) at the time placed my combat related aggravation of systems as a secondary (lower priority as I have been told) factor of the main diagnosis which was generalized anxiety disorder. This way of categorizing has also allowed them to deny a causal-link in the aggravating of the disorder as a result of duties performed in a combat zone. I have filed for CRSC once and was denied and then appealed their denial once which was also denied. In the VA doctors write up it clearly spells out that my symptoms were directly worsened by my duty in Iraq along with the duties CONUS as a Military Policeman.

I know that is a ton of information and this may be a "unique" case but I really am trying to cover all of my bases and arm myself with all of the information I can get so I can make an informed choice for me and my family. On a side note I did contact the WWBn already and they suggested I call the manpower branch at HQMC Monday morning to obtain all of the specifics so I know where I stand before they get involved. The only thing that I know from them is as a result of my last periodic medical evaluation my rating fell below 30% (it was 50%) and no longer fit for active duty reinstatement and will be separated on Nov 30th.

In advance I would like to say thank you for any and all help, guidance, and information provided. I also sincerely appreciate all of the assistance this site, its members, and administrator have provided to all service members to-date.

Semper Fi,
Travis
 

Camp P Marine

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
You have many questions so I'll answer some I have confidence with.

First question is, am I even able to appeal the boards decision to remove me from the TDRL and just separate me with no retirement? If I am able to appeal this decision the time it is being adjudicated will their decision to remove me from the TDRL still be enforced or does the process stop leaving me on TDRL until the appeal process is done?

I spoke to someone in a similar situation who requested a formal hearing. You will remain on the TDRL until adjudication if you take this route. It's a no brainier to appeal IMO.

Q2: Sev Pay calculation: (15 years 6 months)

I hope you appeal and win, but if not you likely would qualify for TAMP Tricare for 6 months.
http://www.tricare.mil/tamp
 

Sheldontl

PEB Forum Regular Member
Registered Member
Do you know what all is involved in a formal hearing? Does that include a physical appearance to the board or is it purely a paper based board.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
Out of curiosity have you been receiving treatment for your BH conditions (GAD and PTSD) once you were placed on TDRL?
 

Sheldontl

PEB Forum Regular Member
Registered Member
Yes constant mental health treatment for the PTSD and anxiety, I am not sure what GAD is though. I am on more medications than I can even count.

Ah I just figured it out...GAD=Generalized anxiety disorder.
 

AnAmericanAirman

PEB Forum Regular Member
PEB Forum Veteran
When was your VA reeval conducted for your BH issue?
Did your rating for it get lowered, raised or remained the same?

Important because VA reeval results can be used as evidence for your TDRL reeval or a Formal Board.

AnAmericanAirman
 

Sheldontl

PEB Forum Regular Member
Registered Member
I am assuming the BH means Behavioral Health. The VA did not conduct my Re-eval the Navy did in Portsmouth VA on 19 July 2016. My rating has remained the same as far as the VA side is concerned. I am unsure weather or not it makes any impact but I was also deemed unable to gain employment in my trained profession as a Law Enforcement Officer.

mild chronic post traumatic stress disorder (PTSD) with moderate generalized anxiety disorder (also claimed as sleep disturbances) 50% Service Connected Disability Evaluation System (DES) 06/30/2013
 

AnAmericanAirman

PEB Forum Regular Member
PEB Forum Veteran
Don't know why the VA didn't do a reeval. Normally the VA would for Mental Health conditions. You indicated that your PTSD rating remained the same at 50%, that would be evidence for keeping your DoD rating for PTSD the same. Unless there is other info you didn't include.

Appeal at Formal PEB.

I used my VA rating, which remained the same, for evidence for my TDRL reeval. Don't quite get how the Navy did your reeval at Portsmouth VA. Can you elaborate.

AnAmericanAirman
 

Sheldontl

PEB Forum Regular Member
Registered Member
Update*
I was able to call everyone under the sun involved with the PEB/IDES for my case. They told me that the results of the re-eval were mailed out to me via certified letter. I never received that correspondence and it was returned to the post office and sat there until the hold time limit was reached. It was then sent back to the PEB and they took that as non-compliance and closed out my case. It was not until yesterday that I even knew they had sent me any form of formal communication along with my Election of Options form. After have them pull my record and some (i am assuming I used the right trigger terms) back and forth they suddenly were willing to "help me out and allow" me to file my EOO form. I was only "authorized" until the close of business that day to complete and send the form back to them. Mind you that was less than 5 hours time so if they required any paperwork evidence and justification it was not going to happen, which I annotated multiple times on the form. So right now I am waiting to be notified by MMSR-4 of their receipt of my status change back to the TDRL.

AnAmericanAirman,

I am unsure why the VA did not conduct the re-evaluation as well. When I asked about it at the time I was told that since it was a PEB/DoD retirement board they would be conducting the exam. To the best of my (faulty) memory I have not left any information out. I also did not get the required re-evaluation in that 90 day to 6 month window. The only re-evaluation was at just over 3 years from my original separation.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
Did you move and not update your address with the Navy TDRL branch?
 

Sheldontl

PEB Forum Regular Member
Registered Member
Nope everything was correct, proved by the receipt of my separation orders from HQMC.
 

Sheldontl

PEB Forum Regular Member
Registered Member
Is the fact that the VA did not conduct the re-evaluation a valid arguing point if I go to a formal board? Also is there any gain to also bring up the fact that a re-evaluation was conducted 3 years later and not within the NLT time frame of 6 months? I also am curious what records specifically I should be ready with if I am forced to go to a formal board? I know the obligatory MH care records, but other than that should I be asking people (Physicians, friends and family, coworkers) for any type of narrative or written statement?

I know that is a lot of questions but I am just planning for the worst while hoping for the best. As always thank you to all who have and continue to provide assistance and suport to me and all the others on this site.

Semper Fi
Travis
 

Sheldontl

PEB Forum Regular Member
Registered Member
So just an update, I have been "officially" placed back on the TDRL pending the reconsideration by the board. Anyone have any insight on what "documentation" I should be gathering now in order to have a good start if I have to go to a formal board?
 

Sheldontl

PEB Forum Regular Member
Registered Member
Well I just received a letter in the mail from the PEB on their decision of my reconsideration. They stated that "Due to lack of additional supporting evidence submitted with the Election of Options (EOO) form the original decision to remove member from the TDRL and separate with severance stands. The member noted that additional supporting documentation could be provided but was unable to at the time of submission left the board with only the original evaluation and that supports the decision to remove member from the TDRL." Now let me clear up the time issue at submission of my EOO. I was only "allowed" 2 hours and 20 min to fill out and sign the EOO form (in lieu of the mandated 15 days by law) via email/fax by the PEB-TDRL section at the naval shipyard in Washington DC. According to the TDRL section they were making an exception and "hooking me up" with the late election opportunity. They had originally sent the certified letter back in September but it was never sent to me nor was I notified that I had a certified letter waiting for me at the post office on base. Again in talking with the TDRL coordinator it was entirely my responsibility and fault that I did not receive and elect an option back then. So there was absolutely no possible way that I could have submitted any form of further justification at the time. So would I be able to use that in my FEB as proof of lack of due process?

So with all of that out in the mix I have been forwarded to a formal board and I am now trying to get everything ready. My questions are:
1. Should I retrain a Civilian lawyer?
a. If I retain civilian council should I have them appear in my place?
b. Anyone know of a good/just PEB lawyer they trust and can recommend?
2. Do I have any legal grounds to claim a failure/wrongful/lack of due process in my case?
a. If I do would this give me an avenue to push them to allow me to use the TERA as I was eligible for it PRIOR to being
placed on the initial MEB/PEB.
3. What supporting documents do I need to gather?
4. At the FEB what can I expect to experience and do I need to bring any witnesses to testify on my behalf?
a. I am also assuming that it is a suit and tie affair correct?
 

Sheldontl

PEB Forum Regular Member
Registered Member
Well I talked to the TDRL coordinator in DC, not much help there, and they said that I should get a letter around the beginning of Jan with my FPEB date and information. The TDRL office estimated that my FPEB should be around mid March time frame. I also have been in contact with my representative in congress about how the whole process has been handled (my only hope in doing this is that it sheds some light on the issues I have experienced so that others might not have to go through the same experiences).

Again if there is anyone out there with some sage advice or insight to my questions I would greatly appreciate any comments.
 

Sheldontl

PEB Forum Regular Member
Registered Member
I just received my orders to report for my FPEB on 7 March 2017. Now I just need to figure out what to do and how to make the best case I can.
 

Sheldontl

PEB Forum Regular Member
Registered Member
Well I went to my Formal PEB hearing and got the results today. They did not make any changes and still recommended me for separation with severance. I am completely disenfranchised with the Marine Corps right now. I need to figure out what my options are now. Also how does the severance pay work if I can not get a better rating? I need help from anyone that knows what I can do, please!
 

Ocean

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
You requie a good attny to get your case back on track. Reah out to Jason, he has a web site that explains costs etc....Best of luck
 
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