TDRL to PDRL Question! Please help!!

[mysticasphalt]

Need advice ASAP as I just received my 3 year TDRL reevaluation! I went on TDRL 3 years ago with 2 disabilities rated as unfitting. PTSD-50% and Left Shoulder Arthritis 20% for a TDRL rating of 60%. My DA-199 just came back with 50% PTSD and 10% Left Shoulder Arthritis 10% totaling 60%. However, my latest VA ratings for those unfitting conditions are currently PTSD 70% and Left Shoulder Partial Replacement (Artificial Humeral Head) 30%. Shouldn't my ratings to PDRL match my latest VA ratings? Plus my left shoulder unfitting condition has changed since having a partial left shoulder replacement and it's only listed as arthritis now for 10% less than it was originally rated at 3 years ago when my ROM tests fall under the 30% rating schedule. Should I request a review or formal board or just take the 60%? I'm rated as a Captain with 14 years TIS so the extra 10% is about $800 a month. If I don't agree and sign the DA-199 what can I expect? Thanks ahead of time for your assistance!

 

[Ed Mercanti]

You were obviously boarded under the legacy disability evaluation system. So the short answer is no, the military does not have to accept the VA's rating. However, a VA rating is substantial evidence to contest the military disability rating. I would rebut the rating with your VA rating and demand a formal hearing if the PEB does not change your rating.

 

[mysticasphalt]

I was IDES, not legacy. Does that make a difference. TDRL Aug of 2011.

 

[Ed Mercanti]

Yes it does make a difference. The military HAS to use the VA ratings for any condition it finds unfitting. I think if you just show them your current VA rating they will change the military rating.

 

[mysticasphalt]

Thanks!! $1,000 monthly difference from 60% to 70%! Appreciate the info!

 

[nwlivewire]

Thanks!! $1,000 monthly difference from 60% to 70%! Appreciate the info!

V/R,


Keep us posted as to your timeline and what your experience is like going through this process.

Glad to see you are almost at the end of the tunnel!

*keeping fingers & toes crossed for you*

V/R,
nwlivewire

 

[mysticasphalt]

Ok. I just received my DA-199 and plan to talk with my PEBLO tomorrow to find out what I need to do to ensure I receive my current VA ratings for PDRL. I'll post her response and will not sign it until I discuss it with the forum. Thanks!

 

[nwlivewire]

Ok. I just received my DA-199 and plan to talk with my PEBLO tomorrow to find out what I need to do to ensure I receive my current VA ratings for PDRL. I'll post her response and will not sign it until I discuss it with the forum. Thanks!

Good thinking!

Hopefully, Jason will catch your posting and give it his "sniff test".

You can also PM him just to make sure he sees it.

nwlivewire

 

[maparker]

While his initial rating was under the IDES, the TDRL probably was done under the leagacy. This is one of the problems of the IDES is that TDRL reviews usually revert back to the legacy system as the VA does not want to participate in TDRL reviews.

Your current VA ratings are evidence the TDRL ratings are off base but it depends on how old the VA ratings are and if you have had improvement since. You can appeal and use your VA ratings as evidence of how these conditions should be currently rated.

Mike

 

[mysticasphalt]

Yep. I talked to my PEBLO this morning after she replied to my email where I told her my case was IDES. She told me she looked it over and that my case was now Legacy. How did it change from IDES and why? Am I stuck with the lower numbers they gave me on the TDRL reexam? What should I do?

 

[nwlivewire]

Yep. I talked to my PEBLO this morning after she replied to my email where I told her my case was IDES. She told me she looked it over and that my case was now Legacy. How did it change from IDES and why? Am I stuck with the lower numbers they gave me on the TDRL reexam? What should I do?

HOLY COW!

Makes me wonder: Do the IDES rating rules ever kick in for anyone on TDRL???

If so, what would the date be?

nwlivewire

 

[mysticasphalt]

It's rather strange because my TDRL reexam lasted only about 10 minutes and no ROM tests were done. So where are they getting the numbers to lower my shoulder rating when the VA's ROM exams deem me 30%? So do I just accept the PDRL at 60% if I don't want to mess with a formal board?