I was told that i am still in the navy while on tdrl yet im seperated, honorable discharged with dd214 in hand. Am i still in the navy or just only apart of a small entity that deals with the navy? Do i fall under umcj and all of it regulations. Reason im asking is i supplement taking my meds with other methods so i wanted to be mindful. Im rated 70% with ptsd with navy and with the va. Also can a va rating ever go down. I was told no but its always smart to double check. This navy jag seems to never answer his calls and never return them. And the internet is untrusting at times. Thanks.
Tdrl and still navy
- Thread starter N8vyMindez
- Start date
You are "TDRL" Temporary Retired Disabled List. What that means is that the board says that your disability may not permanent. TDRL is up to 5 years, where you will need to go to medical appointments. At any time in those five years that you do these appointments that you are found "Fit for Duty" or they believe that your condition is not improving, you will be taken off TDRL. If found "Fit for Duty" you can go back in. If found that your condition is permanent, the current medical evaluations will be looked at and you will be placed PDRL (where that 70% could possibly drop or remain the same) or get severance pay (Depending on time in service).
Yes, you do fall under the UCMJ. Even regular retirees fall under the UCMJ. As long as you are collecting or can collect military retiree pay, you fall under the UCMJ. Even if you took the VA money because it was more, you still could change that back to the military pay, so you fall under the UCMJ. (Not trying to beat a dead horse, but I think I nailed it!) In your case, I would think that if you went to one of your appointments and they found non prescribed drugs in your system you could possibly get busted or lose that honorable discharge and be pulled off TDRL and all pay stopped. If you miss appointments that you are scheduled for you will be dropped from TDRL and all pay would be stopped (Failure to obey a direct order).
Yes, a VA rating can go down. I haven't heard of it happening often, but it does happen. Usually because it it found out to be a fraudulent claim. Once this has been a condition that has not improved or has stayed static for 5 years, then it usually will not be lowered. Usually requires a VA re-examination.
Yes, you do fall under the UCMJ. Even regular retirees fall under the UCMJ. As long as you are collecting or can collect military retiree pay, you fall under the UCMJ. Even if you took the VA money because it was more, you still could change that back to the military pay, so you fall under the UCMJ. (Not trying to beat a dead horse, but I think I nailed it!) In your case, I would think that if you went to one of your appointments and they found non prescribed drugs in your system you could possibly get busted or lose that honorable discharge and be pulled off TDRL and all pay stopped. If you miss appointments that you are scheduled for you will be dropped from TDRL and all pay would be stopped (Failure to obey a direct order).
Yes, a VA rating can go down. I haven't heard of it happening often, but it does happen. Usually because it it found out to be a fraudulent claim. Once this has been a condition that has not improved or has stayed static for 5 years, then it usually will not be lowered. Usually requires a VA re-examination.
If you are obtaining RX from the VA while self-medicating, be honest with your PCM on everything you are taking. You risk being prohibited from prescribed narcotics from the VA but as far as harm reduction: you may be at risk for serious damage if you are self medicating. When you decide to stop using, make sure you volunteer yourself for drug testing at the VA e erytime you see your PACT in order to establish a record of sobriety. Counseling to this end will show that. Even though you slipped, it won't be held against you because you are recovering and hopefully have been sober long enough to make your using ancient history with a track record of sobriety but if you hide from the VA and use? You risk eventually getting discovered and instead of PTSD you will add the unflattering label of addict.
As for UCMJ, you are retired through TDRL. No, you can't do drugs because it's illegal but it's not like you will get court marshaled. BLUF: if you are concerned about the Navy discovering you are (allegedly) actively doing drugs with no record of stopping, the worse the Navy TDRL will do is lower your ratings.
As for UCMJ, you are retired through TDRL. No, you can't do drugs because it's illegal but it's not like you will get court marshaled. BLUF: if you are concerned about the Navy discovering you are (allegedly) actively doing drugs with no record of stopping, the worse the Navy TDRL will do is lower your ratings.
Welcome to the PEB Forum!
In my opinion, the bottom line is to not lose any disability compensation benefits whether via the military and/or the DoVA; please seek proper medical treatment until a positive solution/resolution is determined. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!