Results are in....

well after dealing with this crap since 28 September 2010, my results finally came in.

70% TDRL

Breakdown
40% for spine/lower lumbar fusion/ recurring pain
50% PTSD/found combat related

I have the meeting with the PEBLO on Wednesday to sign for everything. I do have a question though. If i want to go to the FPEB and try to stay in and they say no, do i still retain the 70% rating?

I have 14 years in and i want to finish up at 20. Any help would be appreciated.
 
Click to expand...
Don't mean to bust on your post, but while reading it, it has brought some questions to my attention.

Since brpfan obtained 70% TDRL w/ 40% for the spine & 50% for PTSD, is it safe to say that the TDRL is primarily for the PTSD? If so, is there any legal wording on some document that states the TDRL is specifically for the PTSD and not for the Back?

The reason I'm asking is, when they do a TDRL revaluation after he is out, and they drop the ptsd to 0%, during this time-frame can they go back and mess w/ the back rating as well?

to brpfan: from my opinion and non-expert knowledge, i have read on here that they can either keep, lower or raise ones disability percentage at the FPEB. but the odds are something you really can't predict.
 
I received my rating today and really have no clue. 80% combined and TDRL. The entire time going through MEB I guess I thought I would receive money from both Army and VA when all said and done. Why say they are separate entities for rating purposes and then have to choose between the two? Is TDRL a bad thing to be on? Would I be better off with severance and taking the VA rating? And what determines if money received will be tax free? Also, I have about 80 days of leave saved up, but found out today my wonderful unit is only allowing 30 terminal. Would I be better off just selling it all back and still receiving my normal paychecks for the next 90 days that I have to wait to out process?

Any help would be appreciated.
 
erock,
TDRL is for any condition over 30%- it doesn't matter if it is one condition or seven. Yes, your rating can decrease on any or all conditions. It can also increase.
They can "mess with the rating" when the condition either improves or worsens.


rback,
Just my 2 cents but I think you will be better off on TDRL.
TDRL is not a bad thing to be on.

With 80% you will get 75% of your base pay(75% is the max retired pay allowable-- equal to a 30 year retiree). It is offset by VA pay-VA pay is not taxable- someday chap. 61 retirees might get CRDP. So if the Army pay is $1000 a month and VA pay is $300- you will get $700 (taxed) from the Army and $300(untaxed) from the VA.

If you take severance you get a lump-sum payment that is taxed- you have to fill out a form to recoup the tax. I believe the VA will wait to pay you untill the offset is made up.

On TDRL you will also get a blue retired ID card and all privileges to a retiree-PX, commissary, pharmacy, healthcare on post,etc.
You are eligible for Tri-Care it is very affordable for a family---VA is not health insurance and will only treat you- not your spouse or kids.

You will have to be re-evaluated periodically on TDRL and you should show you are continuing care- Tri-care can help you afford this. I had back surgery and spent a month in the hospital the bill was well over $200,000 and I paid next to nothing.
Since your condition/s are considered unstable, your rating may increase or decrease on re-evaluation. By the end of the 5 year mark if your rating is 30% or higher you will be PDRL, if lower than 30% severance, or you may be recovered and returned to duty if you choose.

If you sell back your leave you will be paid a lump sum(base pay) and taxed at a higher rate. If you stay in and take as much leave allowed, you will get paid housing and separate rations, assuming you get these to begin with.

If you are TDRL or PDRL then you can continue with Tri-Care and retiree privileges--- if severance you get a bunch of money and maybe a handshake and it doesn't take long to piss away some cash.
I say go with the TDRL and good luck!
 
Dear One and All:

DFAS has upgraded their website. The new web address for their disability retirement calculator:

Retired Disability Income Estimator

This calculator only works for those who have LESS than 20 years of creditable service towards retirement, i.e., no 20 year letter.
 
Smcd,

Responding to your statement of, "TDRL is for any condition over 30%- it doesn't matter if it is one condition or seven. Yes, your rating can decrease on any or all conditions. It can also increase.
They can "mess with the rating" when the condition either improves or worsens."

I understand TDRL can be for any condition, what I was trying to get at is, is TDRL an all or nothing program. Example: If one has 4 unfitting conditions and 3 of the 4 are labeled permanently aggravated and the other 1 is labeled as not stable, does TDRL "the program" label all 4 conditions as being Temporary Disability/s?

thanks.
 
My PEBLO told me that ANY diagnosis of PTSD means TDRL. Even tho I also have PDRL conditions. Apparently TDRL trumps PDRL when it comes to a medical retirement! So it looks like atm, TDRL due to PTSD, then PDRL due to a plethora of other issues.

Your mileage may vary!

Draco
 
Draco: Sounds like a "real" flaw in the disability system, if anything a new regulation/amendment should solidify the permanently aggravated conditions to a point where the condition/s labeled as mentioned should not change during a TDRL re-evaluation for the sole purpose of evaluating other unstable related conditions . It just makes sense. Has this been fought or brought up in the past? Anyone? Thank you.
 
PtDraco said:
My PEBLO told me that ANY diagnosis of PTSD means TDRL. Even tho I also have PDRL conditions. Apparently TDRL trumps PDRL when it comes to a medical retirement! So it looks like atm, TDRL due to PTSD, then PDRL due to a plethora of other issues.

Your mileage may vary!

Draco
Click to expand...

Your PEBLO was stating what most often happens, but was not technically accurate. Under 38 CFR 4.129, the minimum rating for PTSD that is unfitting is 50% temporarily (hence, the TDRL). However, the PEB can find you permanently disabled at 50% or higher and rate you accordingly and place you on PDRL. This is rare, but it can and does happen (normally, you would need a longstanding diagnosis and stable condition as assessed by your care providers). Actually, there is a strong argument that if rated at 50% on the schedule, you should be placed on PDRL- more so in the Army as they have issued specific guidance on TDRL that makes it harder to find a condition is unstable.
 
erock said:
Draco: Sounds like a "real" flaw in the disability system, if anything a new regulation/amendment should solidify the permanently aggravated conditions to a point where the condition/s labeled as mentioned should not change during a TDRL re-evaluation for the sole purpose of evaluating other unstable related conditions . It just makes sense. Has this been fought or brought up in the past? Anyone? Thank you.
Click to expand...

DODI 1332.38 contains a paragraph that states that if you have stable conditions that rate at 80% or more, the inclusion of other ratings for unstable conditions should still result in a PDRL finding. Not much that could be "fought" on this point for technical legal reasons (there may be policy arguments for why what you are suggesting makes sense; however, the regulations state that once on TDRL, all ratings are up for re-eval with the exception of the circumstance I described in my earlier response about 80% or higher ratings for stable conditions combined with unstable condition ratings still resulting in PDRL. The military is given a lot of latitude on promulgating their own rules, so while the policy argument may make sense, it does not change the validity of the current regulations).
 
erock said:
Draco: Sounds like a "real" flaw in the disability system, if anything a new regulation/amendment should solidify the permanently aggravated conditions to a point where the condition/s labeled as mentioned should not change during a TDRL re-evaluation for the sole purpose of evaluating other unstable related conditions . It just makes sense. Has this been fought or brought up in the past? Anyone? Thank you.
Click to expand...



Not much that could be "fought" on this point for technical legal reasons (there may be policy arguments for why what you are suggesting makes sense; however, the regulations state that once on TDRL, all ratings are up for re-eval with the exception of the circumstance I described in my earlier response about 80% or higher ratings for stable conditions combined with unstable condition ratings still resulting in PDRL.
 
I NEED SOME HELP HERE GUYS!!!!!

This is just a general question!!! When on MEB status and I have a line number for promotion, the time comes for me to promote and they tell me i cant becasue im ineligible. WTF???? I earned my stripe and now they are saying i cant promote becasuse I'm in MEB status? i was supposed to promote already and this is a fight ive been dealing with. I need some direction and some regulations here. Any help would be appreciated!!!!

Erik
 
You must log in or register to reply here.
Top