TDRL Medical Marijuana Risk losing PDRL?

Afvet94

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Registered Member
I know there are many posts like this but I have found none that have a solid answer.
I am about to be placed on TDRL for Major Depressive Disorder along with many other smaller conditions rated to a total of 70 mil 90 va.

I plan on getting a medical marijuana card to help with anxiety and hopefully boost my motivation to get out and do things by distracting my self from depressive thoughts. Alcohol does the same thing however being a depressant it sometimes makes things worse and I just don’t really like to drink alcohol especially with my meds I can’t.
my question is if I get my medical marijuana card and smoke or take edibles will this affect a decision during a re-evaluation to PDRL. If I pop hot will this affect my TDRL status.

I have asked my local PEB and they said don’t ask don’t tell. Problem is I don’t want to risk losing a PDRL decision at a re evaluation.
I have asked Local JAG and they did not directly answer my question and didn’t do research to see if its acceptable when under care of a certified physician. They referred me to ADC
ADC told me that they have never been asked this question and do not know how to help me.

has anyone out there TDRL been reevaluated with marijuana usage on there record? What was the outcome? Can you still get a PDRL decision? Or will they kick you off the list and retirement gets thrown out the window. Does the VA drug test for mental health. Can you deny taking a drug test with VA? Will this adversely affect TDRL?
Sorry for all the questions but I just want to try this treatment but at the same time I want to keep my retirement benefits.
 

oddpedestrian

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You never have to consent to a drug test unless you are prescribed narcotics on a continual basis. Otherwise you are good but I would definitely follow the dont ask dont tell policy as marijuana still technically falls under substance abuse. I use CBD oil and have never told them just so they wouldn't misconstrue that as smoking a psychoactive substance.
 

tony292

PEB Forum Regular Member
PEB Forum Veteran
I’ve been drug tested by the VA, once in 5 years. I was having severe mental health issues at the time and they tested for many things, cannabinoids being one of them. I was negative. I believe they ran this test just because I was a new VA patient and pretty severe symptoms at the time.

I was PDRL and so no chance of DOD finding out.

I believe the only way this would happen in your case would be if you had serious issues and the VA attributed your issues to marijuana addiction. DOD can theoretically recall a veteran back to active duty in order to prosecute them but it is extremely rare, the only cases I’ve read about were murder cases, one an Army E8 who killed a woman in the 80s and got away with it, then the cold case was reopened when DNA evidence became available and he was recalled stood trial and was convicted.

I seriously doubt that DOD would do that for marijuana use after someone was out.
 

RonG

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This article discusses only the VA's position regarding the use of marijuana.

VA and Marijuana – What Veterans need to know

--->LINK


Some things Veteran need to know about marijuana and the VA:
  • Veterans will not be denied VA benefits because of marijuana use.
  • Veterans are encouraged to discuss marijuana use with their VA providers.
  • VA health care providers will record marijuana use in the Veteran's VA medical record in order to have the information available in treatment planning. As with all clinical information, this is part of the confidential medical record and protected under patient privacy and confidentiality laws and regulations.
  • VA clinicians may not recommend medical marijuana.
  • VA clinicians may only prescribe medications that have been approved by the U.S. Food and Drug Administration (FDA) for medical use. At present most products containing tetrahydrocannabinol (THC), cannabidiol (CBD), or other cannabinoids are not approved for this purpose by the FDA.
  • VA clinicians may not complete paperwork/forms required for Veteran patients to participate in state-approved marijuana programs.
  • VA pharmacies may not fill prescriptions for medical marijuana.
  • VA will not pay for medical marijuana prescriptions from any source.
  • VA scientists may conduct research on marijuana benefits and risks, and potential for abuse, under regulatory approval.
  • The use or possession of marijuana is prohibited at all VA medical centers, locations and grounds. When you are on VA grounds it is federal law that is in force, not the laws of the state.
  • Veterans who are VA employees are subject to drug testing under the terms of employment.
See link for additional information.

Ron
 

Afvet94

New Member
Registered Member
You never have to consent to a drug test unless you are prescribed narcotics on a continual basis. Otherwise you are good but I would definitely follow the dont ask dont tell policy as marijuana still technically falls under substance abuse. I use CBD oil and have never told them just so they wouldn't misconstrue that as smoking a psychoactive substance.
Thank you for your reply I really appreciate the good information
 

Afvet94

New Member
Registered Member
I’ve been drug tested by the VA, once in 5 years. I was having severe mental health issues at the time and they tested for many things, cannabinoids being one of them. I was negative. I believe they ran this test just because I was a new VA patient and pretty severe symptoms at the time.

I was PDRL and so no chance of DOD finding out.

I believe the only way this would happen in your case would be if you had serious issues and the VA attributed your issues to marijuana addiction. DOD can theoretically recall a veteran back to active duty in order to prosecute them but it is extremely rare, the only cases I’ve read about were murder cases, one an Army E8 who killed a woman in the 80s and got away with it, then the cold case was reopened when DNA evidence became available and he was recalled stood trial and was convicted.

I seriously doubt that DOD would do that for marijuana use after someone was out.
Thank you for the great information you provided.
 

Alex4621

PEB Forum Regular Member
Registered Member
Thank you for this information and the thread. It was informative and relieved some apprehension myself and others had.
 

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member
I am about to be placed on TDRL for Major Depressive Disorder along with many other smaller conditions rated to a total of 70 mil 90 va.

If I pop hot will this affect my TDRL status.

Problem is I don’t want to risk losing a PDRL decision at a re evaluation.
Sorry for all the questions but I just want to try this treatment but at the same time I want to keep my retirement benefits.
TDRL is temporary and normally paid at @ DoD 50%.

Temporary is not permanent and you are going to run the risk of your permanent disability retirement.

Have you discussed with your mental health doctor that your current medication(s) are not working?
 
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