Re-Eval Question

AaronJM1984

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I’m a bit confused here...I was medically retired from the Marine Corps and placed on TDRL on November 29th of 2017, so roughly 7-8 months ago. The VA rated me at 100% P&T. PTSD is what I was medboarded for. For PTSD, the VA rated me 100%, however I also would have reached 100% with my other claims as well. Today I received a call from the VA C&P department letting me know that they have scheduled me a mental health appoint to get evaluated. Is this for the DoD to decide it I should stay on TDRL or be moved to PDRL? Or is this the VA wanting to re evaluate me to possibly lower my rating? Does the VA handle the reevaluations for the DoD? Everyday until that is appointment now is going to be one big panic attack!
 
I’m a bit confused here...I was medically retired from the Marine Corps and placed on TDRL on November 29th of 2017, so roughly 7-8 months ago. The VA rated me at 100% P&T. PTSD is what I was medboarded for. For PTSD, the VA rated me 100%, however I also would have reached 100% with my other claims as well. Today I received a call from the VA C&P department letting me know that they have scheduled me a mental health appoint to get evaluated. Is this for the DoD to decide it I should stay on TDRL or be moved to PDRL? Or is this the VA wanting to re evaluate me to possibly lower my rating? Does the VA handle the reevaluations for the DoD? Everyday until that is appointment now is going to be one big panic attack!
From my lengthy experiences via an U.S. Army perspective with the DoD IDES, TDRL via DoD LDES PEB, and the DoVA VBA, I offer the following feedback to your specific inquiry:

Q1: Is this for the DoD to decide it I should stay on TDRL or be moved to PDRL?
A1a: Maybe; not entirely certain.
A1b: By 38 CFR VASRD §4.129 Mental disorders due to traumatic stress, it states "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) [61 FR 52700, Oct. 8, 1996]."
A1c: I would offer to review your DoD IDES IPEB findings document which placed you onto the DoD TDRL and check the authority of how your PTSD condition was evaluated by the DoVA D-RAS. To an extent, it was either via 38 CFR VASRD §4.129 or 38 CFR VASRD §4.130 at that particular point in time.
A1d: If the DoVA D-RAS rated your PTSD condition via 38 CFR VASRD §4.129, then the DoVA VBA must schedule a PTSD C&P re-examination (within six months or so) and the DoVA Rating Agency will re-evaluate your PTSD for any potential change in disability rating.
A1e: At their discretion, the DoD (USMC) can use the PTSD C&P examination performed by the DoVA to meet the TDRL medical re-examination requirement then initiate the TDRL re-evaluation via the DoD LDES PEB process.

Q2: Or is this the VA wanting to re evaluate me to possibly lower my rating?
A2a: With a DoVA 100% P&T rating, your PTSD condition is considered a "static" disability and you should not be scheduled for a future C&P examination. Based upon that fact, it would seem that the DoVA VBA isn't intentionally trying to change your current PTSD rating at least in my opinion.
A2b: I would offer to contact the DoVA VBA and verify that your PTSD condition is indeed a "static" disability without a future C&P examination scheduled. As such, if the DoVA VBA says "yes" then an issue is created as to which statue has priority: 38 CFR VASRD §4.15 Total disability ratings, or 38 CFR VASRD §4.129 Mental disorders due to traumatic stress?
A2c: If applicable to your individual situation, I don't know the legality of can a DoVA 100% P&T rating via 38 CFR VASRD §4.15 for a mental disorder be re-evaluated due to the 38 CFR VASRD §4.129 requirement upon placement onto the DoD TDRL?

Q3: Does the VA handle the reevaluations for the DoD?
A3a: Procedurally by statue or regulation while placed onto the DoD military TDRL, the answer is no.
A3b: Each military department branch of service is responsible for the performance of TDRL re-evaluations via the DoD LDES PEB process.
A3c: Each military department branch of service is also responsible for the scheduling of the TDRL medical re-examinations unless a civilian medical provider was contracted to handle the TDRL medical re-examinations for a specific geographical region (i.e., USA NCR PEB region with some outlining States & MTFs via the USAMEDCOM).

In retrospect after placement onto the DoD military TDRL in May 2014, I experienced the 38 CFR VASRD §4.129 requirement in which the DoVA VBA scheduled in December 2014 a PTSD C&P re-examination via QTC Medical Services, Inc. Within the same month, I received an official notification of scheduling for a military TDRL re-evaluation from the USAPDA TDRL Branch. As such, I informed the USAPDA TDRL Branch that I recently completed a PTSD C&P re-examination in December 2014 by the DoVA VBA via QTC Medical Services, Inc. The USAPDA TDRL Branch stated that they shall obtain the DoVA PTSD C&P re-examination DBQ to include all other DoVA medical records then make an eligibility decision if it meets the DoD TDRL medical re-examination requirement. Two months later, I received official notification that all applicable DoVA documents were forwarded to the USA NCR PEB for TDRL re-evaluation processing.

Nonetheless, that initial DoD TDRL re-evaluation began my long 4 year and 17 day ordeal on the TDRL prior to a final placement onto the DoD PDRL in June 2018 at a DoD (Army) 100% disability rating. As such, however long your TDRL tenue is going to be for your individual situation up to a maximum 3 years as now mandated by federal law, I can definitely say that all three of my PTSD C&P examination clinicians during the 4+ years were highly sensitive and very respectful throughout the examination. Their professional actions definitely allowed me to properly express my PTSD symptomology at a calm demeanor which resulted in a continuing write-up for a 100% disability rating. Albeit, the DoD LDES USAPEB didn't concur for numerous years by consistently adjudicating that my PTSD wasn't "permanent and stable" for DoD (Army) rating purposes only.

That all said, I truly hope that you receive the same high level of personal interaction or even a better personal experience during your PTSD C&P examination(s)! Don't hold anything back; tell it all when asked to do so at least in my experienced opinion! Take care!

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

Best Wishes!
 
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