LDES 70% DoD TDRL and potential appeal to the FPEB

A

anubis

PEB Forum Regular Member
Registered Member
Good day everyone,

I just received notice of my LDES IPEB results for a proposed 70% DoD unfit PTSD and placement on TDRL. I've submitted consultation with the Disability Defense Council and awaiting a date/time to speak with them before signing any documents. My question is, if I request a FPEB to contest the IPEB, do they accept hearings for justification to be placed on PDRL instead of TDLR? My NARSUM included a letter directly from my treating VA psychiatrist stating my condition wasn't likely to get better in the next 3 years. Additionally, my Commander also echoed this statement in their commander's impact statement. Considering TDLR placement at max is 3 years, and my condition itself is already 100% by the VA itself, it feels like a mute point to continue to hold me to the military for the next three years, when my prognosis says it's essentially unlikely to change. I've been seeking intensive treatment/therapy/medication nonstop for the past 16 months and I've had little progress made and highly doubt I'd see my DoD rating drop down below 30% in that timeframe. It would be a bigger peace of mind to be placed on PDLR and be completely done with the military considering my mental health condition, in addition to receiving a full proper PDLR retirement ceremony.

Thank you for any information or experiences in this matter!
 
While someone much more experienced will likely provide more clarity, I'll try to help. As I understand it, nearly all mental health conditions processed via LDES/IDES will be placed into the TDRL. Only in limited special cases is a service member found unfit for mental health reasons to be placed in pdrl.

If I were you, I would be asking will your attempt at forcing pdrl early result in the potential lowering of your awarded rating? And if so, is that worth the risk to you?

Personally, I would take the rating and attend regular care making sure to keep all paperwork till placed on pdrl.

Good luck,

Dave
 
TDRL isn't something that can be appealed the same way a rating percentage or a referred condition can be. The determination for whether you are placed on temporary or permanent retirement is based on medical documentation of the stability of your condition. Yes, there are laws that govern some of the finer points of the mental health discussion, but in general people who are not yet stable in their condition or who have time for their condition to improve will be placed on temporary retirement to allow another look at it a year or two years down the road. It's very hard to appeal that; you basically have to show that something large was missed in the deliveration or some critical piece of information was left out of the package. You rarely see tdrl changed to pdrl in an appeal.
 
PERS-95 said:
TDRL isn't something that can be appealed the same way a rating percentage or a referred condition can be. The determination for whether you are placed on temporary or permanent retirement is based on medical documentation of the stability of your condition. Yes, there are laws that govern some of the finer points of the mental health discussion, but in general people who are not yet stable in their condition or who have time for their condition to improve will be placed on temporary retirement to allow another look at it a year or two years down the road. It's very hard to appeal that; you basically have to show that something large was missed in the deliveration or some critical piece of information was left out of the package. You rarely see tdrl changed to pdrl in an appeal.
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Understood, ty for the information.
 
anubis said:
Understood, ty for the information.
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There is an exception in the regs to not require TDRL for a condition if you have other conditions that are PDRL that max you out at 75% DOD since the TDRL condition would then have no impact on the net result. More of a fun fact than a helpful comment! LOL.
 
PTSD or MH is an automatic TDRL by law (I just finished that process and had exact same contention). Only way to PRDL is to have another physical condition that is rated 80% or higher. You will get a reeval as early as 6 months to a year for up to 3 years. Best advice I can give is see if there are other condition that could be unfitting that could be added by FPEB and continue to see your doctors once you're on TDRL.
 
SFStell said:
I just looked at the newest version of DODI 1332.18 and I could not find where it says this. Could you share with me where you found this?
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Link the newest document you have Ill try to look too.
 
SFStell said:
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It seems to be newer but its volume 1(of many?) specifically outlining processes. I MEBd in March through July and was held to that TDRL srandard for MH portion. Its bullshit waste of time IMO but its what happened.

This is one from 2022 that talks about PTSD and seems to be more comprehensive (On phone so link is from google search)

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/133218e.PDF?ver=hBMKOYoIHi4EotQiJbezIA%3D%3D&ved=2ahUKEwjjvpThr_aCAxW9h-4BHfmrBbUQFnoECAwQAQ&usg=AOvVaw0FceTIAcC8lgrBQkDWGChL
 
TDRL placement is required for PTSD or other traumatic stressor disorders as part of the class action settlement case regarding such issues from several years ago as enacted in 38 CFR 4.129. While your Commander and your VA psychiatrist checked the right boxes with the language indicating that your prognosis was unlikely to improve over the next 3 years, that will not mean much to the FPEB members as they are bound by the language of 38 CFR 4.129. There are two scenarios in which you could be placed on the PDRL with a behavioral health diagnosis. First, as Provis stated, if your unfitting physical conditions add up to 80% or more and are stable. Second, if your mental health diagnosis is not for PTSD or a traumatic stressor disorder - in other words, you could be placed on the PDRL for depression, anxiety, and other disorders not related to trauma. My concern for you is very straightforward- you do have the potential for the FPEB lowering your rating if you have recently shown improvement. Note- my advice is based upon practicing in this venue for many years now and is not given lightly. I would discuss this matter at length with your assigned or retained counsel before proceeding with an FPEB.
 
Do you happen to have a link or the name of the lawsuit? I am curious to read it.
 
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