PEB Forum Regular Member
Hi Jason,Not sure if there was a specific part of this that you were referencing, but my quick review did not see anything that would support a TDRL finding (by clear and convincing evidence standard)...Remember, there are two things that must be shown, 1) that the condition will change 2) enough to make a difference for rating purposes. I have a hard time seeing how they can show outcomes for mental health conditions with enough precision to show that it will change a rating.
Also, it seems to me that they can't argue that something will EITHER get better or worse....they will need to show one or the other. Because there are different outcomes for PTSD (some people get worse, some better), I do not see how they can show TDRL by clear and convincing evidence.
First thank you for this bit of information. I have been found unfit for duty due to PTSD. Currently I'm waiting on the VA's rating and my retirement decisions.
Am I correct in interpreting that most likely PTSD may end up in PDRL instead of TRDL because there is no telling if the Soldier will get better?