I signed my 199 on 28 June with 60%(64% with 2 other conditions) DOD and 100% VA. It was signed for PDRL. Yesterday I get an email from my PEBLO saying that it was changed to TDRL. Suffice to say I was pissed because I am ready to retire and have over 20 years Active Duty. I was told that I would need a reevaluation in 6 months for my mental health which is at 50%. The VA is is permanent and total and no further examinations scheduled because I have about over 280% and nothing else will be reevaluated but it would of not been so bad has they sent me the TDRL to begin with...Has anyone had this issue? Would this only effect my DOD if they raise or lower the BH condition?
PDRL to TDRL...
- Thread starter bostorican
- Start date
That happened to me too but I only have one condition. It doesn't affect your VA rating.
Yes, a changed DoD rating has no bearing on your VA rating. Further, since you have over 20 years of service, you can never receive less than your LOS amount + VA compensation. I assume a 60% or 50% DoD rating (assuming you have 20 years) will not change your financial situation at all. Yes, the process continues and you are not quite done, but you really have nothing to lose other than the annoyance of a future re-eval.
You are absolutely correct with annoying being the key word, because it the principle for me of it being PDRL when I signed it and oops we meant it to be TDRL. The only thing I stand to lose if anything is 10% if they lower it but at the same time it could possibly be higher as well.
How many years of service do you have? There is a cap on the amount you can receive via CRDP. That is why a 60 to 50 percent rating will likely have no effect.
I have 20 years and 3 months Active. The 60 DOD was back, leg and mental health for 80% which came out to 64% and rounded down to 60%. If on an eval it lowers to 30 instead of 50 for mental health then I guess it would still be 50 because of LOS or percentage.
I was not aware of a cap. When I signed my 199 they gave said I would receive 75% retirement and full VA because of CRDP.
10 U.S.C. 1414(b)(1)
The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title, or at least 20 years of service computed under section 12732 of this title, at the time of the member’s retirement is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
(a) Payment of Both Retired Pay and Compensation
(1)In general.—Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans’ disability compensation for a qualifying service-connected disability (hereinafter in this section referred to as a “qualified retiree”) is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38. During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c), except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:
(A) A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent.
(B) A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability
(1)In general.—Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans’ disability compensation for a qualifying service-connected disability (hereinafter in this section referred to as a “qualified retiree”) is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38. During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c), except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:
(A) A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent.
(B) A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability
§ 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.
Reading my 199 it states that this paragraph still applies for for my re-exam, so the only thing possible is for my BH to either stay the same or increase. I actually want to work, so this might change to TDIU if they raise it? I would rather keep the P&T schedular. This is what I understand anyway.
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.
Reading my 199 it states that this paragraph still applies for for my re-exam, so the only thing possible is for my BH to either stay the same or increase. I actually want to work, so this might change to TDIU if they raise it? I would rather keep the P&T schedular. This is what I understand anyway.
I had a friend that on the re-eval the BH was raised to 70 with the TDIU.
Nunez,
Section (a) is subject to subjection (b), which is what I cited to. Subsection (b)(1) is relevant to chapter 61 retirees who have over 20 years of service, and (b)(2) to those with less than 20 years of service.
I do not know exactly what you are implying with posting this section of Code, but if you are relying on it as authoritative that a chapter 61 retiree can receive there full DoD chapter 61 retirement (based on the PEB %) and full VA compensation, regardless of their length of service, that is 100% incorrect.
When entitled to CRDP, a service member may not receive more than their LOS retiree amount + VA compensation.