Title says it all. I really hope the attorneys can figure something out. I received 100 VA and 80 Navy but because I had PTSD on there they want to give me TDRL. My whole MEB was because of my orthopedic issues but because I have PTSD on there they are wanted to give me TDRL in case my situation gets better. But since I was blown up one of my femurs is turned out healed 30 degrees. Im sorry but that alone is not going to get fixed. Anyways, any suggestions would be nice. Either way Im in no hurry to get out so I can play this game.
FPEB Request Approved trying to get PDRL vice TDRL
- Thread starter Malinois1983
- Start date
In retrospect, I totally comprehend your situation which is nearly similar to my own Army situation in reference to physical condition(s), behavioral heath condition(s), and a DoD TDRL determination.
Unfortunately, I was unsuccessful upon the conclusion of my FPEB hearing which I requested a same day (within hours of the hearing) withdrawal due to the advice of my NCRPEB SPEBC attorney as based upon the current "mode of interpretation" by the FPEB members referencing my compliance to the 38 CFR 4.129 criteria.
That all said, I am now awaiting the results of my VARR request memorandum submission by the USAPDA PEB to the DoVA D-RAS. But, I hope you obtain a favorable PDRL determination from your forthcoming FPEB hearing, and then shall appreciate an updated post of the tactic used by your SPEBC attorney for a potentially successful PDRL determination. Thanks!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
So, your leg was rated 30%?
I'd have to look. Between both hips knees and wrist, back it comes to 60 without the psych stuff. Had an IED do most of that...
Thanks ill let ya know!In retrospect, I totally comprehend your situation which is nearly similar to my own Army situation in reference to physical condition(s), behavioral heath condition(s), and a DoD TDRL determination.
Unfortunately, I was unsuccessful upon the conclusion of my FPEB hearing which I requested a same day (within hours of the hearing) withdrawal due to the advice of my NCRPEB SPEBC attorney as based upon the current "mode of interpretation" by the FPEB members referencing my compliance to the 38 CFR 4.129 criteria.
That all said, I am now awaiting the results of my VARR request memorandum submission by the USAPDA PEB to the DoVA D-RAS. But, I hope you obtain a favorable PDRL determination from your forthcoming FPEB hearing, and then shall appreciate an updated post of the tactic used by your SPEBC attorney for a potentially successful PDRL determination. Thanks!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
If PTSD unfitting, it's rated minimum 50%.
I did get 50 percent for that, I know that for a fact because they said I could have been pushing 70 percent, at least that what my VA rater buddy said when he looked at my exam.
If I may ask, is it your intent to pursue the higher rating for PTSD as based upon your documented symptomology via a VARR request submission?
To that extent, since you already have received the maximum DoD compensation of 75% via the DoD proposed rating of 80%, there isn't anymore military disability compensation to gain. That said, dependant upon your preferences, it's potentially a mute initiative for a VARR request submission at this point.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
No Im trying to get PDRL instead of TDRL . They have done it for a couple of other spec war guys I know since there is no way that even if my PTSD got better that I would be able to get in with my ortho issues
Jason Perry
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@Warrior644- please open your own post on these issues- I think you have raised some points that could benefit from discussion.
Like I said, on this issue, please start your own thread (preferably quoting this post), so we don't hijack this thread.
Is one of you main concerns PDRL vice TDRL finding?
Please explain further. There is a policy letter regarding a heightened evidentiary standard in the Army for TDRL findings. It sounds like much will turn on the basis for your rating (i.e, whether you were rated on the schedular basis or on 4.129, but past that, whether there is an alternative, higher, basis for a rating in your case).
Sounds like you are asking the VA for a rating determination that may (or, it seems more likely based on the information you provided) or may not, change the TDRL finding. I am not inclined to go into much of an explanation of why an assigned military attorney may not be much help in this regard. It may be that they are very helpful. But, you raise several issues that may be more likely resolved by appeals- unfortunately, the JAGs/assigned attorneys do not and are not allowed to practice in appeals from the PEB.That all said, I am now awaiting the results of my VARR request memorandum submission by the USAPDA PEB to the DoVA D-RAS. But, I hope you obtain a favorable PDRL determination from your forthcoming FPEB hearing, and then shall appreciate an updated post of the tactic used by your SPEBC attorney for a potentially successful PDRL determination. Thanks!
Like I said, on this issue, please start your own thread (preferably quoting this post), so we don't hijack this thread.
Ok...so, which condition(s) is the other 30% for?
@Warrior644- please open your own post on these issues- I think you have raised some points that could benefit from discussion.
Is one of you main concerns PDRL vice TDRL finding?
Please explain further. There is a policy letter regarding a heightened evidentiary standard in the Army for TDRL findings. It sounds like much will turn on the basis for your rating (i.e, whether you were rated on the schedular basis or on 4.129, but past that, whether there is an alternative, higher, basis for a rating in your case).
That all said, I am now awaiting the results of my VARR request memorandum submission by the USAPDA PEB to the DoVA D-RAS. But, I hope you obtain a favorable PDRL determination from your forthcoming FPEB hearing, and then shall appreciate an updated post of the tactic used by your SPEBC attorney for a potentially successful PDRL determination. Thanks!
Sounds like you are asking the VA for a rating determination that may (or, it seems more likely based on the information you provided) or may not, change the TDRL finding. I am not inclined to go into much of an explanation of why an assigned military attorney may not be much help in this regard. It may be that they are very helpful. But, you raise several issues that may be more likely resolved by appeals- unfortunately, the JAGs/assigned attorneys do not and are not allowed to practice in appeals from the PEB.
Like I said, on this issue, please start your own thread (preferably quoting this post), so we don't hijack this thread.
@Jason Perry-In retrospect, my intent was to only share my "on topic" experiences and offer a "case-in-point" FPEB hearing viewpoint in reference to the Original Poster's inquiry.
That said, I wasn't asking of any advise/suggestions/insight for my specific situation congruent to this thread's topic, but was just trying to raise the awareness of information to the military service members and military veterans by sharing another viewpoint of finalized FPEB hearing actions performed while in the DoD IDES MEB/PEB process.
But, for the potential interest and benefit to other PEB Forum members, I shall initiate a separate thread for the sharing of information via my "on topic" experiences applicable to this thread's topic; in my opinion. No worries, it's all good!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
You are welcome and good deal!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
So, did the other spec war guys receive a DoD PDRL determination for a PEB-referred unfitting condition of PTSD?
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
What is "spec war"?
Generally, unless your unfitting conditions (without including the PTSD) add up to 80%, you will be placed on TDRL not PDRL but never say never! Perhaps yours will be a unique case though! Keep up the good attitude and your patience. I hope everything works out the way you want.
Hey sorry my email and facebook was hacked so I needed to create a new account. Without PTSD my Combined rating was 60%. The Lawyer said because I got PTSD is why I got TDRL. However he said that because my orthopedic conditions will not get better "Ex: one of my femurs is healed rotated out 30 degrees" that there is little reason for TDRL. Anyways my doc submitted something to him monday and he submitted a recon which hopefully comes back before the 15th.
Special Warfare sorry
Sorry to read about your recent misfortune!
Appreciate the continued up-to-date feedback in reference to your FPEB hearing and potential future PDRL determination with a PTSD unfitting medical condition.
With nearly similar situations referencing the type of disability retirement listing being sought after, I am highly interested in the feedback and final outcome of your FPEB hearing which shall hopefully lend me some additional assistance upon the receipt of my VARR request results during continued FPEB processing; thanks.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
I said I would give an update and here it is. I was awarded PDRL at 80% Navy and 100%VA yesterday after carefully having my doctor explain that regardless of my psychological conditions, my ortho conditions will never get better. Now on to getting my CSRC application done.
Sorry to read about your recent misfortune!
Appreciate the continued up-to-date feedback in reference to your FPEB hearing and potential future PDRL determination with a PTSD unfitting medical condition.
With nearly similar situations referencing the type of disability retirement listing being sought after, I am highly interested in the feedback and final outcome of your FPEB hearing which shall hopefully lend me some additional assistance upon the receipt of my VARR request results during continued FPEB processing; thanks.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
Jason Perry
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Congratulations on sticking to your guns and getting the highest retirement finding possible! Hope all goes well for you in the future.