TDRL Re-evaluation time?

[Wally3430]

Reading thru VA mental health information regarding PTSD...

§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)
[53 FR 23, Jan. 4, 1988, as amended at 61 FR 52700, Oct. 8, 1996]

My question is when should I expect a re-evaluation for PTSD to be conducted? It says "within the six month period...", so that tells me I can expect a re-evaluation a month after put on TDRL or at the 6 month mark. I've been advised by my attorney that it is best to have another VA evaluation done to provide to the PEB at the TDRL re-evaluation. Apparently, the PEB lowers ratings frequently, but if I have a recent VA exam, they'll have to use that. Hard to make life plans, enroll in school, or try to find work if you don't know when the TDRL re-evaluation is going to interfere. Should I just expect a random letter (SURPRISE!!) in the mail for re-evaluation? Thoughts?

 

[Warrior644]

Reading thru VA mental health information regarding PTSD...

§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)
[53 FR 23, Jan. 4, 1988, as amended at 61 FR 52700, Oct. 8, 1996]

My question is when should I expect a re-evaluation for PTSD to be conducted? It says "within the six month period...", so that tells me I can expect a re-evaluation a month after put on TDRL or at the 6 month mark. I've been advised by my attorney that it is best to have another VA evaluation done to provide to the PEB at the TDRL re-evaluation. Apparently, the PEB lowers ratings frequently, but if I have a recent VA exam, they'll have to use that. Hard to make life plans, enroll in school, or try to find work if you don't know when the TDRL re-evaluation is going to interfere. Should I just expect a random letter (SURPRISE!!) in the mail for re-evaluation? Thoughts?

At this point, I would suggest to review your DoD IDES PEB documentation placing you onto the DoD military TDRL to validate (or not) that the DoVA D-RAS evaluated your PTSD medical condition using the 38 CFR VASRD 4.129 criteria.

If yes, then 38 CFR VASRD 4.129 is applicable and the DoVA Rating Agency should be contacting you on/about the six month period after official military disability veteran status was obtained. Otherwise, the DoD LDES PEB can decide to perform the PTSD re-evaluation inclusive of the PTSD examination anytime between six months to 18 months; normally 12 months to 18 months to allow for the medical condition to potentially reach a "permanent and stable" status.

It's important to note that while placed onto the DoD military TDRL, you are now in the DoD LDES PEB process. This means that your military branch of service's PDA PEB is not obligated to adopt (e.g., accept) any DoVA disability rating(s) evaluated by the DoVA Rating Agency for the PEB-referred "unfit for duty" medical condition(s) deemed "permanent and unstable" while on the TDRL unfortunately.

In retrospect, I was placed onto the DoD military TDRL for PTSD via the 38 CFR VASRD 4.129 criteria deemed by the DoVA D-RAS. With my particular medical situation, the DoVA Rating Agency performed/completed the required PTSD re-examination in seven months after official military disability veteran status was obtained. When I was contacted by the USAPDA for the initial TDRL re-evaluation shortly thereafter, I informed them that the DoVA Rating Agency just performed a PTSD re-examination. The USAPDA TDRL Branch wanted me to forward a copy of the recent PTSD re-examination then they would make a determination if the medical documentation was suitable for TDRL re-evaluation purposes. Fortunately, the USAPDA TDRL Branch accepted the PTSD examination then started the LDES PEB process for the TDRL evaluation.

In short, the LDES IPEB lowered the PTSD 100% disability rating issued by the DoVA Rating Agency down to a PTSD 70% disability rating. Hence, I didn't agree so I requested a FPEB hearing then attended it albeit the FPEB decided to keep me on the DoD military TDRL for an additional 12 months. Currently via a two-month extension past the original 12 months (e.g., now 14 months), I am awaiting an arrangement of the TDRL medical re-examination for PTSD by a contracted civilian provider on behalf of the U.S. Army Medical Command.

Bottom line is dependent upon the PTSD evaluation criteria by the DoVA D-RAS when in the DoD IDES process, the DoVA Rating Agency case file workloads, and the current TDRL case file workloads by your specific military branch of service's PDA, you shall have anywhere between a six month to an 18 month duration (or longer) for the initial TDRL re-evaluation for PTSD in my experienced-based opinion. Take care!

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

Best Wishes!

 

[Wally3430]

Yep, my VA documents state "an examination will be scheduled to determine whether a change in evaluation is warranted because a highly stressful event was severe enough to bring about your release from active military service. {38 CRF 4.129}. So it sounds like I should expect a VA re-examination in apx. 6 months...but the actual TDRL re-evaluation could take place in anywhere from 6-18 months? I would've guessed that if I was evaluated by the VA under 38 CRF 4.129 which requires TDRL and a 6 month re-evaluation, the PEB would be required to accept the VA re-examination ratings. Unless I'm misunderstanding you, it seems that is not the case. My FPEB attorney advised me specifically to ensure I have the VA re-examination records available for the TDRL re-evaluation..and all records of treatment since being placed on TDRL. Those who haven't...it has not gone well for them. Thx and good luck in your case Warrior! Oh, how much heads up did you have for the VA re-exam...and same for the TDRL board? Were you/are you able to adjust when they are conducted?

 

[Warrior644]

Yep, my VA documents state "an examination will be scheduled to determine whether a change in evaluation is warranted because a highly stressful event was severe enough to bring about your release from active military service. {38 CRF 4.129}. So it sounds like I should expect a VA re-examination in apx. 6 months...but the actual TDRL re-evaluation could take place in anywhere from 6-18 months? I would've guessed that if I was evaluated by the VA under 38 CRF 4.129 which requires TDRL and a 6 month re-evaluation, the PEB would be required to accept the VA re-examination ratings. Unless I'm misunderstanding you, it seems that is not the case. My FPEB attorney advised me specifically to ensure I have the VA re-examination records available for the TDRL re-evaluation..and all records of treatment since being placed on TDRL. Those who haven't...it has not gone well for them. Thx and good luck in your case Warrior! Oh, how much heads up did you have for the VA re-exam...and same for the TDRL board? Were you/are you able to adjust when they are conducted?

Okay, good deal! So, at least your PTSD re-examination by the DoVA Rating Agency shall hopefully occur on/about the six month period IAW the 38 CFR VASRD §4.129 "Mental disorders due to traumatic stress" criteria.

Unfortunately, the DoD LDES PEB is not required to accept the DoVA re-examination rating(s) during the DoD military TDRL evaluation process.

To that extent, indeed, I would concur with your FPEB attorney in reference to "ensure I have the VA re-examination records available for the TDRL re-evaluation..and all records of treatment since being placed on TDRL" at that point in time for sure.

As such, not having it could potentially increase the opportunity to receive undesirable DoD LDES PEB findings while on TDRL due to the lack of medical evidence and/or medical documentation in my opinion.

In my specific DoD military TDRL situation, the from initial notification to scheduling of PTSD examination was only 15 calendar days in duration. Hence, that was definitely not much of any heads-up time during the 2014 Christmas holiday season! Fortunately, I/we didn't have any previously scheduled events which couldn't be rescheduled at that particular point in time during the 2014 Christmas holiday season.

Moreover, from receipt & disagreement of the initial USAPDA LDES IPEB TDRL findings to the LDES FPEB hearing with ultimate denial results keeping me on the TDRL for an additional 12 months took about two months in total duration. Hence, a total of 27 calendar days were received as a heads-up duration prior to the actual TDRL LDES FPEB hearing scheduled by the NCR PEB.

With that all said, thanks, take care and good luck to you with your DoD military TDRL re-evaluation proceedings also!

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

Best Wishes!

 

[Wally3430]

Warrior, just did my FPEB today (well, kinda). I have questions that might be beneficial to the masses viewing.

1. I went to FPEB this morning to challenge a "not combat related" finding for PTSD only. My attorney bro leveled with the O-6 on the board before hand and was assured we didn't have to prep for any other topic. FIVE minutes prior to the board, board pres talks to my attorney again and starts calling into question my IPEB unfit for asthma ruling. My attorney advised me to drop the appeal right there and take the IPEB recommendation of 50% PTSD non-combat related, 30% asthma, 70% combined TDRL...rather than potentially have asthma found FIT and still not get what I was there for; a combat related for PTSD finding. Long f***ED up story, but I did just that...I walked without ever meeting the board. My question to you is when I come up for my 6th month TDRL re-eval (driven by PTSD), will my asthma be called into question again? My attorney says no, but can't guarantee it. On my IPEB results sheet at the bottom under "Clinics for TDRL Evaluations", it lists only psychiatry....NOT pulmonary or any other clinic. That tells me they're not re-evaluating me on asthma. Now, if at the TDRL eval the IPEB again finds my PTSD "not combat-related", I plan on appealing that to the FPEB...again. Will I be in the exact same spot I was today with the FPEB considering not only my appeal for a combat related finding, but also trying to change my asthma from unfitting to fit? It almost seemed like the FPEB was daring me to continue with the board today (holding asthma hostage if forced to consider the combat related finding). This is getting complicated....and at 18 years...it's pissing me off. Need some expert vectors on this.

 

[Warrior644]

Warrior, just did my FPEB today (well, kinda). I have questions that might be beneficial to the masses viewing.

... My question to you is when I come up for my 6th month TDRL re-eval (driven by PTSD), will my asthma be called into question again? My attorney says no, but can't guarantee it. On my IPEB results sheet at the bottom under "Clinics for TDRL Evaluations", it lists only psychiatry....NOT pulmonary or any other clinic. That tells me they're not re-evaluating me on asthma. Now, if at the TDRL eval the IPEB again finds my PTSD "not combat-related", I plan on appealing that to the FPEB...again. Will I be in the exact same spot I was today with the FPEB considering not only my appeal for a combat related finding, but also trying to change my asthma from unfitting to fit? It almost seemed like the FPEB was daring me to continue with the board today (holding asthma hostage if forced to consider the combat related finding). This is getting complicated....and at 18 years...it's pissing me off. Need some expert vectors on this.

Wow, it's definitely displeasing to read about the continuing "tactics" employed by the FPEBs whether in the DoD IDES PEB process or DoD LDES PEB process; all of which I have unfortunately experienced also!

Nonetheless, the short answer to your first question is "no" and the short answer to your second question is "no" also from my experienced-based interactions with both DoD IDES FPEBs and DoD LDES FPEBs at this point in time.

In retrospect, it is important to note that the DoD LDES PEB shall only evaluate the DoD IDES PEB-referred "unfit for duty" medical condition(s) which was(were) deemed to be "permanent and unstable" at the time of placement onto the DoD military TDRL.

In short, I was placed onto the DoD military TDRL for two DoD IDES PEB-referred "unfit for duty" medical conditions; one physical & deemed "permanent and stable" while the other mental & deemed "permanent and unstable" at that point in time when in the DoD IDES process.

During the initial DoD military TDRL evaluation in 2015, I was evaluated on only the DoD IDES PEB-referred "unfit for duty" medical condition (e.g., PTSD) which was deemed "permanent and unstable" at that particular point in time. Hence, the TDRL notification letter from the USAPDA TDRL Branch included verbiage stating the aforementioned requirement also.

To that extent, my current (e.g., second) DoD military TDRL reevaluation notification letter from the USAPDA TDRL Branch stated the same required DoD TDRL language. Therefore, it's my opinion that you shall only receive a TDRL re-evaluation on the medical condition(s) deemed "permanent and unstable" at the time of placement onto the DoD military TDRL.

With that all said, please continue to fight until the very end; it's an unfortunate longer journey but is well worth the efforts at the end of the day at least in my opinion!

Case-in-point, I was recently awarded entitlement to SMC-K from submission of a DoVA disability claim at the beginning of 2016 calendar year albeit the "effective date of award" is not accurate (e.g., a potential lost of over two years due in DoVA back payments) on all approved military service-connected conditions. No worries, I shall submit the DoVA NOD appeal with all supporting documentation which the DoVA Rating Agency already had, but chose not to consider as evidence when making their decision. So, hopefully I shall receive a favorable decision via the long DoVA NOD appeal process resulting in an increase of the already over two years due in DoVA back payments. Take care and never default acceptance to any injustices!

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

Best Wishes!

 

[Wally3430]

Dude, Warrior...love your posts. Thanks for sharing your experience! Again, my PEB findings mention only the psychiatry clinic for TDRL evaluation. The only mention of stability for asthma is in my NARSUM where it states "patient is currently stabilized". Other than the NARSUM, I see no mention of "permanent and stable" or "permanent and unstable". On my PEB findings form under "Additional Findings" there's a block that says "C. Condition is permanent/stable"...it is marked "no". It doesn't mention which unfitting condition (asthma or PTSD) it is referring to. I'm assuming PTSD since I'm going TDRL.

 

[Warrior644]

Dude, Warrior...love your posts. Thanks for sharing your experience! Again, my PEB findings mention only the psychiatry clinic for TDRL evaluation. The only mention of stability for asthma is in my NARSUM where it states "patient is currently stabilized". Other than the NARSUM, I see no mention of "permanent and stable" or "permanent and unstable". On my PEB findings form under "Additional Findings" there's a block that says "C. Condition is permanent/stable"...it is marked "no". It doesn't mention which unfitting condition (asthma or PTSD) it is referring to. I'm assuming PTSD since I'm going TDRL.

Thanks, truly appreciate your generosity and you are most welcome!

Indeed, each military branch of service has their own way of annotating MEB and PEB results but they all need to conform to the established DoD Instructions in reference to the DoD IDES MEB/PEB process.

To that extent, your assumption seems validate as based upon all of the feedback given albeit your specific branch of service PEB should (hopefully) provide detailed instructions of action upon official placement onto the DoD military TDRL. Take care!

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

Best Wishes!

 

[tiffanyann8427]

Reading thru VA mental health information regarding PTSD...

§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)
[53 FR 23, Jan. 4, 1988, as amended at 61 FR 52700, Oct. 8, 1996]

My question is when should I expect a re-evaluation for PTSD to be conducted? It says "within the six month period...", so that tells me I can expect a re-evaluation a month after put on TDRL or at the 6 month mark. I've been advised by my attorney that it is best to have another VA evaluation done to provide to the PEB at the TDRL re-evaluation. Apparently, the PEB lowers ratings frequently, but if I have a recent VA exam, they'll have to use that. Hard to make life plans, enroll in school, or try to find work if you don't know when the TDRL re-evaluation is going to interfere. Should I just expect a random letter (SURPRISE!!) in the mail for re-evaluation? Thoughts?

Ik this was a long time ago, but whatever happened with this? I’m going through the same thing sorta. You were med boarded??

 

[Jason Perry]

First off, I am responding to an "older" post here....just because there are some erroneous statements/assumptions going on in this thread. Now, what I am saying is what the regulations require. Much of what is mentioned in the thread is in accordance with how the PEBs have treated members and their position about cases on review (and the requirement to have the VA or VA D-RAS provide final ratings for members on TDRL).

The regulation is clear- the VA D-RAS should provide the final rating for members on the TDRL. The military services routinely ignore this requirement.

It's important to note that while placed onto the DoD military TDRL, you are now in the DoD LDES PEB process. This means that your military branch of service's PDA PEB is not obligated to adopt (e.g., accept) any DoVA disability rating(s) evaluated by the DoVA Rating Agency for the PEB-referred "unfit for duty" medical condition(s) deemed "permanent and unstable" while on the TDRL unfortunately.

This is wrong (especially as to the bolded portions).

See DoDM 1332.18 Vol II:

"4. TDRL REEVALUATION. VA will conduct and prepare rating decisions for veterans who were temporarily retired for disability in accordance with VA laws and regulations. On request from the Military Department, VA will provide a copy of the most current rating and the medical evidence upon which the most current rating is based in accordance with section 7332 of Title 38, United States Code (Reference (i)). If VA does not provide examination and rating information sufficient to adjudicate the veteran’s case or the VA exam is older than 18 months, the Military Department will execute required TDRL examinations and ratings in accordance with Reference (g)."

So it sounds like I should expect a VA re-examination in apx. 6 months...but the actual TDRL re-evaluation could take place in anywhere from 6-18 months? I would've guessed that if I was evaluated by the VA under 38 CRF 4.129 which requires TDRL and a 6 month re-evaluation, the PEB would be required to accept the VA re-examination ratings. Unless I'm misunderstanding you, it seems that is not the case. My FPEB attorney advised me specifically to ensure I have the VA re-examination records available for the TDRL re-evaluation..and all records of treatment since being placed on TDRL. Those who haven't...it has not gone well for them.

See above.

Unfortunately, the DoD LDES PEB is not required to accept the DoVA re-examination rating(s) during the DoD military TDRL evaluation process.

Yes, they are.

 

[Jason Perry]

First off, I am responding to an "older" post here....just because there are some erroneous statements/assumptions going on in this thread. Now, what I am saying is what the regulations require. Much of what is mentioned in the thread is in accordance with how the PEBs have treated members and their position about cases on review (and the requirement to have the VA or VA D-RAS provide final ratings for members on TDRL).

The regulation is clear- the VA D-RAS should provide the final rating for members on the TDRL. The military services routinely ignore this requirement.



This is wrong (especially as to the bolded portions).

See DoDM 1332.18 Vol II:

"4. TDRL REEVALUATION. VA will conduct and prepare rating decisions for veterans who were temporarily retired for disability in accordance with VA laws and regulations. On request from the Military Department, VA will provide a copy of the most current rating and the medical evidence upon which the most current rating is based in accordance with section 7332 of Title 38, United States Code (Reference (i)). If VA does not provide examination and rating information sufficient to adjudicate the veteran’s case or the VA exam is older than 18 months, the Military Department will execute required TDRL examinations and ratings in accordance with Reference (g)."






See above.



Yes, they are.

A few extra notes.

First, the Military Departments have ignored the requirement to have the VA provide the final TDRL rating.

Second, it is 100% clear that going onto the TDRL does not "move your case" or otherwise make an IDES case suddenly a LDES case.