PTSD and TDRL

chapo

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Got a question on this.....What is the legislation that specifies that some PTSD ratings are placed on the TDRL? Also, under which conditions can one be placed on the PDRL vs TDRL? Is it the severity of the PTSD?
 
Got a question on this.....What is the legislation that specifies that some PTSD ratings are placed on the TDRL? Also, under which conditions can one be placed on the PDRL vs TDRL? Is it the severity of the PTSD?

Welcome to the PEB Forum! :)

Well, in terms of the PTSD medical condition with the DoVA, reference the below URL for specific information about VASRD 4.129 Mental disorders due to traumatic stress:

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=38:1.0.1.1.5#38:1.0.1.1.5.2.111.72

In accordance with 38 CFR Part 4.129, the TDRL reevaluation will occur within six months of the military service member's separation from military service.

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

Best Wishes!
 
Thanks. So are there any situations in which they would place u on the PDRL from the start?
 
I guess this would have to do with how stable the condition is?
 
Thanks. So are there any situations in which they would place u on the PDRL from the start?

You are welcome! :)

Indeed, yes; as it's based upon the severity of the medical condition's symptomatology whether it is permanent and stable.

To that extent, I know of approximately six military service members from the PEB Forum who reported a PDRL disability finding determination from a PTSD medical condition.

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

Best Wishes!
 
I guess this would have to do with how stable the condition is?

Indeed, exactly! :)

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

Best Wishes!
 
Does the military have to follow this guidance also?


§4.129 Mental disorders due to traumatic stress.
When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted.

(Authority: 38 U.S.C. 1155)
 
Does the military have to follow this guidance also?


§4.129 Mental disorders due to traumatic stress.
When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted.

(Authority: 38 U.S.C. 1155)

Indeed, as such the National Defense Authorization Act (NDAA) of 2008 (Pub. L. 110-181) changed the way that the Department of Defense (DoD) rates certain medical conditions, by requiring it to apply the Department of Veterans’ Affairs Schedule for Rating Disabilities (VASRD). Prior to the NDAA’s enactment, DoD’s disability rating guidelines relating to pain, decreased range of motion, and certain other issues differed from the VASRD. More Soldiers and Veterans are now eligible for placement on the Temporary Disability Retirement List (TDRL) and permanent disability retirement, instead of medical separations with severance pay.

The Secretary of Defense also directed, as a matter of policy, that the PDBR and ABCMR will apply VASRD section 4.129 to PTSD unfitting conditions for applicants discharged on or after September 11, 2001. This means that a Soldier who was separated on or after September 11, 2001, at least in part due to PTSD, is entitled to placement on the Temporary Disability Retirement List (TDRL) for six months with a disability rating of 50%, although that rating is subject to re-evaluation at the end of that six-month period.

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

Best Wishes!
 
I found the source document. Thank you for the reply! Your experience and willingness to share is helping me draft my AFBCMR request!

Here is the source document for anyone who needs to reference it.
 

Attachments

Welcome to the PEB Forum! :)

Well, in terms of the PTSD medical condition with the DoVA, reference the below URL for specific information about VASRD 4.129 Mental disorders due to traumatic stress:

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=38:1.0.1.1.5#38:1.0.1.1.5.2.111.72

In accordance with 38 CFR Part 4.129, the TDRL reevaluation will occur within six months of the military service member's separation from military service.

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

Best Wishes!

Good info and although I've read numerous times about a re-evaluation being conducted at 6 months for PTSD cases on the TDRL, I have never once in almost 3 years now, had any medical/mental re-evaluations. Although I have found ways to manage my PTSD without the use of all of the meds the Army medical staff prescribed me, I am a bit worried to the fact that I feel like my case might have fallen through the cracks in some way. No re-eval in 3 years for PTSD just doesn't seem right, and I haven't read any other posts regarding this same issue as well.
 
Good info and although I've read numerous times about a re-evaluation being conducted at 6 months for PTSD cases on the TDRL, I have never once in almost 3 years now, had any medical/mental re-evaluations. Although I have found ways to manage my PTSD without the use of all of the meds the Army medical staff prescribed me, I am a bit worried to the fact that I feel like my case might have fallen through the cracks in some way. No re-eval in 3 years for PTSD just doesn't seem right, and I haven't read any other posts regarding this same issue as well.

Welcome to the PEB Forum! :)

Hmm, were you referred via the DoD Legacy PDES or the DoD IDES MEB/PEB?

Indeed, it seems that there potentially exist flaws or a lack to follow doctrine within the military branches in reference to DoD disability evaluation system for sure! :confused:

Naturally, if you believe that your case has truly "fallen through the cracks in some way" then I would strongly suggest that you contact HQ USAPDA immediately for a status update.

While on the TDRL, a physical examination is required at least once every 18 months and a TDRL reevaluation within six months of the military service member's separation from military service in accordance with 38 CFR Part 4.129 (if applicable).

If you fail to report for your physical examination, your military Branch of service will remove you from the TDRL list and your retired pay will be suspended until your examination has been completed.

In retrospect, you may remain on the TDRL for up to five years, providing your condition does not change during that time. If at any time you are found fit for duty, you may be removed from the TDRL and returned to active duty.

Moreover, if your disability stabilizes and is rated at 30 percent or greater, you will be transferred to the Permanent Disability Retired List (PDRL). If your disability stabilizes and is rated at less than 30 percent and you do not have 20 years of service, you will be discharged from the TDRL with severance pay.

With that all said, please take care and continue to enjoy life! :cool:

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

Best Wishes!
 
I reevaled right at 6 months but that was due to applying for and getting approved for CRSC. Believe it or not they requested for an increase. I wake up one day check ebenefits and blammo theres a request for increase not requested by me. Luckily for me I did like i was told and had already been seeing the VA so i had plenty of VA paper to back the DBQ. got the PTSD increased to 70 percent with reevaluation in 2017. Don't mistake the TDRL stuff, you can be PDRL with DOD initially. Im PDRL DOD and have been since day one. but being permanent with the VA cracks open a lot of other benefits. So stay the course go see the VA, If the ptsd groups help go to them if not just see a regular head shrinker. Keeping them in the loop and letting them help is key to maintaining your rating. If your getting dod too just go see your primary care manager for anything you need immediately. I see both, i only see the VA for the paper trail. When i really get concerned i go see the civilians!!!
 
Welcome to the PEB Forum! :)

Hmm, were you referred via the DoD Legacy PDES or the DoD IDES MEB/PEB?

Indeed, it seems that there potentially exist flaws or a lack to follow doctrine within the military branches in reference to DoD disability evaluation system for sure! :confused:

Naturally, if you believe that your case has truly "fallen through the cracks in some way" then I would strongly suggest that you contact HQ USAPDA immediately for a status update.

While on the TDRL, a physical examination is required at least once every 18 months and a TDRL reevaluation within six months of the military service member's separation from military service in accordance with 38 CFR Part 4.129 (if applicable).

If you fail to report for your physical examination, your military Branch of service will remove you from the TDRL list and your retired pay will be suspended until your examination has been completed.

In retrospect, you may remain on the TDRL for up to five years, providing your condition does not change during that time. If at any time you are found fit for duty, you may be removed from the TDRL and returned to active duty.

Moreover, if your disability stabilizes and is rated at 30 percent or greater, you will be transferred to the Permanent Disability Retired List (PDRL). If your disability stabilizes and is rated at less than 30 percent and you do not have 20 years of service, you will be discharged from the TDRL with severance pay.

With that all said, please take care and continue to enjoy life! :cool:

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

Best Wishes!
P
Welcome to the PEB Forum! :)

Hmm, were you referred via the DoD Legacy PDES or the DoD IDES MEB/PEB?

Indeed, it seems that there potentially exist flaws or a lack to follow doctrine within the military branches in reference to DoD disability evaluation system for sure! :confused:

Naturally, if you believe that your case has truly "fallen through the cracks in some way" then I would strongly suggest that you contact HQ USAPDA immediately for a status update.

While on the TDRL, a physical examination is required at least once every 18 months and a TDRL reevaluation within six months of the military service member's separation from military service in accordance with 38 CFR Part 4.129 (if applicable).

If you fail to report for your physical examination, your military Branch of service will remove you from the TDRL list and your retired pay will be suspended until your examination has been completed.

In retrospect, you may remain on the TDRL for up to five years, providing your condition does not change during that time. If at any time you are found fit for duty, you may be removed from the TDRL and returned to active duty.

Moreover, if your disability stabilizes and is rated at 30 percent or greater, you will be transferred to the Permanent Disability Retired List (PDRL). If your disability stabilizes and is rated at less than 30 percent and you do not have 20 years of service, you will be discharged from the TDRL with severance pay.

With that all said, please take care and continue to enjoy life! :cool:

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

Best Wishes!

Thank you very much sir for your prompt reply to my post, and you provided me with some of the info I was looking for. I was processed/referred for the TDRL via the MEB/PEB route, and in reviewing my paperwork over the past day, I don't see any notes about a scheduled re-examination at either the 6 or 18 month marks. Since I've continued to be paid from the VA, I'm not sure if that somehow means that I've adhered to the requirements to be evaluated by the VA(which I have as part of my appeal process for previously denied injuries).

And not to bombard you with too many questions, but if I were to try to be found "fit for duty" would this automatically qualify me for re-enlistment back into the RA at my last MOS(42A) or would I have the option to possibly reclass into an under strength MOS? With me being out now for almost 3 years, I'm also curious if I would again have to attend WTC, or if I would be given refresher training once back at a regular unit.

If you know any of this info and have the time, could you please educate me? Thanks again in advance for all of your help with these requests.

CPL Brandon M
 
P

Thank you very much sir for your prompt reply to my post, and you provided me with some of the info I was looking for. I was processed/referred for the TDRL via the MEB/PEB route, and in reviewing my paperwork over the past day, I don't see any notes about a scheduled re-examination at either the 6 or 18 month marks. Since I've continued to be paid from the VA, I'm not sure if that somehow means that I've adhered to the requirements to be evaluated by the VA(which I have as part of my appeal process for previously denied injuries).

And not to bombard you with too many questions, but if I were to try to be found "fit for duty" would this automatically qualify me for re-enlistment back into the RA at my last MOS(42A) or would I have the option to possibly reclass into an under strength MOS? With me being out now for almost 3 years, I'm also curious if I would again have to attend WTC, or if I would be given refresher training once back at a regular unit.

If you know any of this info and have the time, could you please educate me? Thanks again in advance for all of your help with these requests.

CPL Brandon M

Indeed, no worries; you are quite welcome! :)

As written in DTM 11-015 Change 3, "PEB Disposition. If the PEB finds the TDRL Service member fit for duty for the condition(s) for which they were placed on the TDRL, that the condition(s) is now stable, and the TDRL Service member wishes to return to active duty, the Military Department concerned will administer any additional examinations required to evaluate whether the Service member is otherwise fit for duty according to the Military Department's regulations and the guidance in Reference (b). The Military Department will administer other dispositions in accordance with the guidance in Reference (b)."

Moreover, it's important to mention that any duration of time spent on TDRL shall count for military pay purposes only if the aforementioned dispositions are validated for a return to military active duty by the TDRL Service member.

Unfortunately, I am not capable to provide sound insightful feedback to all of your questions; therefore, I would suggest that you contact the Military Department responsible for your PEB disposition. Maybe, they can provide additional insight and/or points of contact. Take care! :cool:

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

Best Wishes!
 
I found this posting helpful I am so scared of getting out.....my biggest fear is not being able to adjust. I am being TDRL for PTSD and got 70% the thing I am scared of the most is if I began to work will my employer understand my appointments. I am thinking of just going to school but I am unsure as I am struggling now in my classes with concentrating. I feel helpless I want to better myself but can't seem to focus. I also have trouble with not doing anything like working because I have always been a hard worker. It is hard for me to except that I am unfit still even though I know I am. I am in treatment and taking medication and I'm also scared to not be able to get into to see a provider once I'm released from active duty.
 
My other biggest fear is need surgery and that putting me out. I have applied for social security but was denied twice because they say I can work. so I think I might have no choice but to work.
 
I found this posting helpful I am so scared of getting out.....my biggest fear is not being able to adjust. I am being TDRL for PTSD and got 70% the thing I am scared of the most is if I began to work will my employer understand my appointments. I am thinking of just going to school but I am unsure as I am struggling now in my classes with concentrating. I feel helpless I want to better myself but can't seem to focus. I also have trouble with not doing anything like working because I have always been a hard worker. It is hard for me to except that I am unfit still even though I know I am. I am in treatment and taking medication and I'm also scared to not be able to get into to see a provider once I'm released from active duty.

Indeed, it's understood albeit stay the course and please remain positively proactive to ensure positive results at the end of the day in my opinion! :cool:

Upon your release from active duty, please visit your nearest VAMC and go see the OIF/OEF coordinator for continued medical assistance! ;) Take care and enjoy life! :)

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

Best Wishes!
 
My other biggest fear is need surgery and that putting me out. I have applied for social security but was denied twice because they say I can work. so I think I might have no choice but to work.

Hmm, in my opinion, if you require medical surgery to maintain your health then please immediately seek the appropriate medical treatment upon your establishment of a Primary Care Provider! ;)

Then, continue your pursuit for substantial gainful employment as feasibly as possible. Take care and enjoy life! :)

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

Best Wishes!
 
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