TDRL re-val problem

[infantry36]

Mar 08 I was put on TDRL for my knees, back,shoulder and was rated for this,but on my 199 my ptsd was Chronic problem but was not rated and the VA gave 50% and other conditions put me unemployable, but for my re-val my pueblo said they will rate me on unfit conditions, but I was lost in the original peb is there a reg or some info that states that they have to rate me for my prexisting ptsd condition.

 

[Jason Perry]

infantry36,

Welcome!

Generally, you have to show that the condition was unfitting when you were placed on the TDRL.

AR 635-40, Para. 7-20,b., :

"b. Changes in a Soldier’s condition while on the temporary disability retired list. The combined percentage rating approved at the time the Soldier was placed on the TDRL cannot be changed by the PEB throughout the period the Soldier is on the TDRL. Adjustment will be made at the time of removal from the TDRL to reflect the degree of severity of those conditions rated at the time of placement on the TDRL and any ratable conditions identified since placement on the TDRL. An EPTS factor may be added, modified, or eliminated at this time if additional evidence is obtained that was not previously available or apparent during the initial evaluation; or placement on the TDRL was due to fraud, mistake of law, or mathematical miscalculation.

DoD Instruction 1332.38 contains more specific guidance on this point.

 

[Ihatetdrl]

What do you do when you can the physical evaluation board altering medical evaluation.

 

[Ihatetdrl]

I am now working on hey 1980 case on tdrl. With a physical evaluation board actually altered medical evidence. And used Veterans Administration Shadow files to downgrade made from 50% to 20%. I had Raynaud's in both hands. Did you not give me bilateral Factor. My hand swelled up daily. I was also diagnosed with relapsing polychondritis. Only to find out 30 years later. My email [email protected]. Now fighting for 17 years back pay the actual Veteran's Administrations First Medical evaluation for disability at that time was 20% per hand. I never saw that medical report till 30 years later. The DAV told me I should not fight because it would not ever hurt my tdrl. The worst part was self-medicating for a medical condition that could have been cured if caught early. Relapsing polychondritis. I am probably the most angry that you will ever meet. And I will assure you I will not Intro by committing suicide like to 6 veterans a day are doing. Veterans need to document the fraud committed by the Department of Defense and Veterans Administration. Then do something to get their attention. It took me 30 years to get my medical records from the US Navy. The veteran administration had no medical records on me whatsoever until I gave them the medical records I acquired bike directly acquiring him from the hospital. All because of a 1976 vaccine cover up. Also not knowing DOD 1332 and CFR 38.