Placed on TDRL, Expected PDRL - Appeal?

phaerix

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Got my ratings back, 60% DOD 90% VA, but it's on the TDRL. Having a hard time figuring out why they would put me on TDRL with a permanent disease with no cure (Ulcerative Colitis). Would it be advisable to appeal this to the FPEB to get it changed to PDRL?
 

bkess

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Registered Member
What the heck I was not expecting that. I just don’t understand what the benefit is by putting you on the TDRL? Maybe to see if your symptoms get better within the next 5 years so they can decrease your percentage (pay you less) or allow you to come back to AD? I had no idea that you basically leave AD even under the TDRL too? Do you mind me asking what AFSC you are?

I found this on another website.
“A service member is placed on TDRL only if his condition is not stable, he has Total Combined Military Disability Rating of 30% or higher, and there is a chance that he could improve enough to return to full duty or seriously worsen within the next five years.”

“When on TDRL, it is as though the service member is medically retired from the military. He does not perform any military duties, is given a temporary Military Disability Rating of at least 50%, and receives full Military Disability Benefitsfrom the DoD and the VA.

During the TDRL period, the service member must be occasionally re-evaluated (generally every 18 months) to determine the progress of his condition and his disability ratings updated to reflect any changes in his condition.

If the condition improves enough during his time on TDRL, the PEB may find the condition no longer unfitting. In that case, the service member can choose to either return to full active duty or permanently retire from the military. If he chooses to return to full duty, all DoD disability benefits he was receiving during TDRL will stop.

If the service member chooses to permanently retire or if the condition worsens, or at least does not improve, and becomes relatively stable, the PEB will medically retire or medically separate the service member with a permanent Military Disability Rating based on the severity of his condition at that time.

All TDRL cases will receive a permanent rating based only on the VASRD criteria that is in effect at the end of the TDRL period.”
 

phaerix

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What the heck I was not expecting that. I just don’t understand what the benefit is by putting you on the TDRL? Maybe to see if your symptoms get better within the next 5 years so they can decrease your percentage (pay you less) or allow you to come back to AD? I had no idea that you basically leave AD even under the TDRL too? Do you mind me asking what AFSC you are?

I found this on another website.
“A service member is placed on TDRL only if his condition is not stable, he has Total Combined Military Disability Rating of 30% or higher, and there is a chance that he could improve enough to return to full duty or seriously worsen within the next five years.”

“When on TDRL, it is as though the service member is medically retired from the military. He does not perform any military duties, is given a temporary Military Disability Rating of at least 50%, and receives full Military Disability Benefitsfrom the DoD and the VA.

During the TDRL period, the service member must be occasionally re-evaluated (generally every 18 months) to determine the progress of his condition and his disability ratings updated to reflect any changes in his condition.

If the condition improves enough during his time on TDRL, the PEB may find the condition no longer unfitting. In that case, the service member can choose to either return to full active duty or permanently retire from the military. If he chooses to return to full duty, all DoD disability benefits he was receiving during TDRL will stop.

If the service member chooses to permanently retire or if the condition worsens, or at least does not improve, and becomes relatively stable, the PEB will medically retire or medically separate the service member with a permanent Military Disability Rating based on the severity of his condition at that time.

All TDRL cases will receive a permanent rating based only on the VASRD criteria that is in effect at the end of the TDRL period.”
Ya, i think theyre trying to get me reevaluated when i happen to be in temporary remission so they can lower me from 60 to 30. Meanwhile the guy next to me has very mild asthma and gets 30 permanent.
 

Fibrogirl

Well-Known Member
PEB Forum Veteran
Registered Member
Got my ratings back, 60% DOD 90% VA, but it's on the TDRL. Having a hard time figuring out why they would put me on TDRL with a permanent disease with no cure (Ulcerative Colitis). Would it be advisable to appeal this to the FPEB to get it changed to PDRL?
Is UC the only condition you were referred for?
 

Chefitup29

PEB Forum Regular Member
Registered Member
Got my ratings back, 60% DOD 90% VA, but it's on the TDRL. Having a hard time figuring out why they would put me on TDRL with a permanent disease with no cure (Ulcerative Colitis). Would it be advisable to appeal this to the FPEB to get it changed to PDRL?
Just a question but what's your branch? I just got diagnosed with moderate severe Ulcerative Pancolitis. They talked about medboard but said I would only expect 30%
 

bkess

PEB Forum Regular Member
Registered Member
Just a question but what's your branch? I just got diagnosed with moderate severe Ulcerative Pancolitis. They talked about medboard but said I would only expect 30%
Chef,

I don’t want to speak on his behalf, but I believe he is an Air Force member like myself.

Here is some good definitions to give you an idea of what symptoms you have to have for each disability rating per the
VASRD (Veteran Affairs Schedule for Rating Disabilities). Source: Military Disability ratings for Digestive System conditions

I also have pancolitis and am at the very early stages of a MEB. Based on my symptoms I would probably get 30%. I’m in between the 30% and 60% definitions but I won’t qualify for 60%.


Code 7323: Ulcerative colitis (a.k.a. inflammatory bowel disease) is a disease of the colon where tears or open sores form in the tissues of the colon and cause bloody diarrhea.
If it is very severe and constant and causes serious malnutrition, anemia, and overall disabling bad health or if it causes a severe liver abscess, it is rated 100%. If it is severe, but not constant, with many attacks a year that cause malnutrition which then causes overall bad health that cannot be fully recovered during the periods in between attacks, it is rated 60%. If it is somewhat severe and causes some attacks a year, but less than a severe condition, it is rated 30%. If there are only occasional attacks, it is rated 10%.
 

phaerix

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Theres no difference between services really... the VA handles it all. 30% seems to be the going rate for most UC cases. I was anemic with weight loss and malnutrition and failed outpatient steroids. Now i'm on remicade and imuran... so they bumped to 60.

bkess, that's old data. They changed the terminology a bit. Recommend looking it up from the source on va.gov
 

Chefitup29

PEB Forum Regular Member
Registered Member
Theres no difference between services really... the VA handles it all. 30% seems to be the going rate for most UC cases. I was anemic with weight loss and malnutrition and failed outpatient steroids. Now i'm on remicade and imuran... so they bumped to 60.

bkess, that's old data. They changed the terminology a bit. Recommend looking it up from the source on va.gov
Yea I'm anemic with weight loss as well. My gastro said that due to my severity the steroids wouldn't work either so they started me right on Remicade and imuran. I'm most likely in the 30% range since they didn't see I was malnourished. Hope the meds are working for you!!
 

phaerix

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Yea I'm anemic with weight loss as well. My gastro said that due to my severity the steroids wouldn't work either so they started me right on Remicade and imuran. I'm most likely in the 30% range since they didn't see I was malnourished. Hope the meds are working for you!!
They're working so far! Life changing. You don't have to meet all the requirements for the higher ratings, just have to meet more than the lower rating.
 

bkess

PEB Forum Regular Member
Registered Member
Phaerix,

Thanks for the heads up that it was old data!

7323 Colitis, ulcerative:

Pronounced; resulting in marked malnutrition, anemia, and general
debility, or with serious complication as liver abscess.......................................... 100

Severe; with numerous attacks a year and malnutrition, the health only fair during remissions.................................................................................... 60

Moderately severe; with frequent exacerbations............................................................ 30

Moderate; with infrequent exacerbations.......................................................................10



Source Link: 38 CFR Book C, Schedule for Rating Disabilities - Web Automated Reference Material System

Exact Link: https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_114.doc
 

bkess

PEB Forum Regular Member
Registered Member
Phaerix,

How did your appeal board go?

I had some bad news, my new GI doc at Walter Reed told me that it would absolutely be 10% rating for me. This compared to my GI doc at Landstuhl who thought for sure at least 30%. Told me I should try to fight and have them retain me... The amount of ambiguity of this whole process is just sad and frustrating.
 

phaerix

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No news yet. Hoping for results soon.

bkess, just take a look at the C&P exam form for UC. If you think the doctor would mark the boxes that match the terminology used for 30%... then that's probably what you would get. If you're not on biologic therapy, you have a good shot at getting retained I think. I was retained when I was on mesalamine maintenance 8 years ago.
 

bkess

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Registered Member
Nope I’m on biologicals now, Humira.

Went from mesalanine to Humira in 6 months. I personally wouldn’t categorize that as mild and 10%, but hey what do I know I’m just the patient. Time will tell what happens. I’m planning on 10% and discharged, but will hope for anything better.
 

Chefitup29

PEB Forum Regular Member
Registered Member
Nope I’m on biologicals now, Humira.

Went from mesalanine to Humira in 6 months. I personally wouldn’t categorize that as mild and 10%, but hey what do I know I’m just the patient. Time will tell what happens. I’m planning on 10% and discharged, but will hope for anything better.
What did your Gastro tell you about your condition? Did they say your UC was severe/ moderate/mild? That may play a key as well.
 

phaerix

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Humira is used to treat moderate to severe disease (30%) - even says so on their website. I hope you get it!
 

bkess

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Registered Member
What did your Gastro tell you about your condition? Did they say your UC was severe/ moderate/mild? That may play a key as well.
I PCSed right when they put me on it. My old GI doc told me it was fairly severe and would easily be 30%. He was the the one who had been with me since my symptoms flared up badly.

My brand new one this week at Walter reed reviewed only my paperwork and said it was only 10% because it’s mild and 10% has been the going rate for IBD patients lately. Granted, he did say that he is only really familiar with the Army/Navy process compared to the AF.

Both are army docs.
Does my current GI doc have that much impact in the process based on how they write it up? I probably need to scrub my records to see how my old doc wrote up my paperwork/symptoms.
 

YellowHammer

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99% of docs are ignorant of how all this rating stuff works so their opinion means nothing. If you've already had C&P done go get a copy and compare against CFR 38. All the subjective stuff is done during C&P, after that it's just matching up the C&P results to the CFR. The C&P exams are tailored to answer the questions asked in the CFR.

Your C&P was not a DBQ, but we can look at the DBQ to infer most of what is examined: DBQ

Then compare the results against the CFR for #7319: CFR
 
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