I was placed on TDRL on March 11th for Major Depressive Disorder and Chronic Adjustment Disorder. I received 50% disability. While in the Air Force, I attempted suicide twice. I visited the local VSO in October to request my C&P I have this month because my conditions have gotten worse since getting out and the VA diagnosed PTSD now.
After I got an exam scheduled, I later read I where according to 38 CFR §4.129, if a veteran has an experience severe enough to be released from Active Duty, they receive a minimum of 50% and to be re-evaluated in 6 months. Did not know that before. The 6 month period would have been in September. My concern is if I got overlooked and if this is a big deal that I wasn't evaluated by 6 months. I initiated my upcoming C&P, no one from the VA, DOD or Air Force called and said I had one upcoming.
Like I was saying, not sure if it is a big deal I wasn't evaluated by then but I'm just worried that whoever is supposed to administer scheduling the exams dropped the ball or could I have thrown a loop in this by requesting an exam, even though it came after the 6 month period? Could this cause problems later on while I'm on TDRL? My biggest worry is if I was already overlooked once, what's to say it won't drag on for 5 years until the end of TDRL and suddenly all benefits stop and I'm left out to dry.
Thank you for any assistance and advice, it's greatly appreciated.
Overall, I believe there aren't any worries in reference to your DoD TDRL reevaluation at this point in time.
As such, it depends how your PTSD medical condition was adjudicated by the DoVA D-RAS: either IAW 38 CFR §4.129 Mental disorders due to traumatic stress
or IAW 38 CFR VASRD §4.130 Schedule of ratings—Mental disorders via occupational and social impairment.
Indeed, if your PTSD mental disorder was adjudicated IAW 38 CFR §4.129 then "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."
Otherwise, if your PTSD mental disorder was adjudicated IAW 38 CFR VASRD §4.130 Schedule of ratings—Mental disorders via occupational and social impairment then "Complete the re-evaluations for unstable unfitting conditions not later than
18 months after placing a Service member on the TDRL or after the veteran’s previous reevaluation, provided such examination was conducted within the 18-month timeframe..."
Under the DoD Manual 1332.18, Vol. 2, August 5, 2014,
ENCLOSURE 5,
TDRL REEVALUATION, it states:
1.
PEB INITIAL ADJUDICATION. IPEBs must forward the cases of unfit Service members to the D-RAS and must include a medical assessment prepared by a DoD clinician as to whether each unfitting condition will most likely improve, remain stable, or worsen based on accepted medical principles and the clinician’s findings.
2.
D-RAS ADJUDICATION. The D-RAS will rate all service-connected disabilities, claimed as well as unfitting, referred by the Service PEB. The D-RAS will determine if a future examination is required for any of the service-connected disabilities based on part 3 of Reference (g), a review of the existing medical evidence of record, and existing VA policies and procedures in effect at the time of the rating determination and indicate this on the proposed rating.
3.
IPEB DISPOSITION. The Military Department PEBs will use the future examination requirements set by the D-RAS as an indicator of stability when making the PEB’s recommendations of stability determinations and case disposition to the Secretary of the Military Department. If the Service PEB decides to temporarily retire a Service member for disability for whom the D-RAS has not scheduled a future examination within 18 months of being placed on the TDRL, the Military Department will execute required TDRL examinations and ratings in accordance with Reference (g).
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).
5.
LEGAL REPRESENTATION. Uniformed or civilian attorneys of the Military Departments, private counsel retained by the member at the member’s expense, and attorneys or agents of recognized veterans service organizations, who satisfy the requirements of part 4 of Reference (g) are authorized to assist TDRL members with requests for reconsideration of VA rating determinations on medical disabilities determined to be unfitting and that affect Military Department decisions on their military benefits
Under the DoD Manual 1332.18, Vol. 2, August 5, 2014,
ENCLOSURE 7,
IDES TIMELINESS GOALS,
4. TDRL TIMELINESS GOALS, it states:
a. Overall TDRL Process. The overall processing time for TDRL cases from the point of placement on the TDRL to the point of final disposition depends on the pace at which the unfitting conditions for which the veteran was placed on the TDRL become stable for rating purposes. There is no overall IDES TDRL processing timeliness goal; however, all temporary retired Service members must be removed within 5 years of initial placement on the TDRL. Timeliness goals for cases remain the same for all portions of the IDES process up to the point at which the member is notified of placement on the TDRL and VA notifies the Service member of the initial VA benefits decision at the completion of the VA benefits stage. The following timeliness goals are established for the remainder of the TDRL process. The IDES goals are:
(1)
Initiation. Initiate the TDRL re-evaluation process within 16 months after placing a veteran on the TDRL or after the veteran’s previous re-evaluation. Within that time, the Military Department will obtain all available medical treatment and rating documentation from DoD and VA.
(2)
Examination. Complete the re-evaluations for unstable unfitting conditions not later than 18 months after placing a Service member on the TDRL or after the veteran’s previous reevaluation, provided such examination was conducted within the 18-month timeframe required by Reference (c).
(3)
Ratings. Complete the proposed rating decision not later than 15 days after the DRAS receives a completed examination report. The D-RAS will prepare rating decisions on future examinations conducted for IDES cases in accordance with part 3 of Reference (g).
(4)
PEB. Complete each PEB re-adjudication phase of TDRL cases, including IPEB and FPEB adjudications, administrative processing, and Military Department appeals, no more than 90 days from the date the PEB receives the medical and rating documentation, required by Appendix 4 to Enclosure 3 of Reference (b), for the unfitting conditions for which the veteran was placed on the TDRL to the date the Military Department informs the veteran of his or her TDRL disposition.
b.
TDRL Termination. No veteran may remain on the TDRL for more than 5 years. The disposition of veterans placed on the TDRL rests solely with the Military Department.
Bottom line is that the DoVA conducting and preparing rating decisions for veterans who were temporarily retired for disability, and Military Departments performing DoD TDRL reevaluations
continue to experience high volumes of case file workloads.
That all said, DoVA rating agency and DoD TDRL processing times may definitely
vary at this particular point in time unfortunately albeit it should
not be viewed negatively against the military disabled veteran; it's definitely
not the military veteran's fault for the aforementioned specific type of delay in my opinion. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
