Got my ratings - NOW I AM LOST!!!!

Hey folks. Long time lurker, very few posts, but now I really need help.

BLUF - 100% VA / 100% DoD TDRL

Now the strange part and my confusion:

I was rated 100% for Syncope, Perm and Stable. 50% for PTSD, not Perm or Stable. These were my MEB referred conditions.

Other conditions by VA were 50%, 20%, 10%, 10%, 10%, 10%, 10%.

Recommend reeval for PTSD in 6 months.

Combat related for 2 above conditions, and receive Special Monthly Compensation (SMC) due to being housebound for syncope and rated 100%.

Talking to the jailhouse lawyers and others around while waiting for my real lawyers appointment, I am being urged to appeal the findings and request a change upfront to PDR. I am being told there is no harm in doing this and that if I get approved, I won't have to worry about reevaluation later.

I am also being told that because I will be receiving SMC that it should have negated normally assigned TDRL for PTSD. Any truth to this?

What negative effects could be brought on if I take the TDRL and wait for my reeval? Will they only take a look at the PTSD or could they drop my Syncope rating as well?

Obviously financially the 100% with SMC and possible CRSC and SSDI would be great, but if they do a reeval and then I all of a sudden drop to below 60% or worse, then what? I'd be broke physically and financially and living in a paper box. Not good for a family of 5.

Thanks in advance for the advice and suggestions. I really appreciate it.

Have a great day!

Craig Andrews
 
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Do they think the fainting will get better over time? If you were rated at 100% for something that will not change, then yes you should go to the MEB counsel and have them help you appeal to PDRL.
 
Talk to your lawyer and they can draft you a memo to recommend PDRL. Anything above 80% IAW 635-40 4-19h, can put you on PDRL. The AR doesn't mention PTSD. I had a friend that fought it and won it. The PEB changed it to PDRL because they couldn't argue against the reg. By law yes, they have to put you on TDRL because of the required follow up of 6 months for PTSD, but not by the current AR. If you're Army of course!
 
Thanks for the advice and the mention of the reg. I will bring that with me to the lawyer appointment.

Yes, I am in the Army.

As far as the fainting getting better, they have no idea. I have been in and out of the hospital for 3 years for different durations and surgeries. Have been poked and prodded in more ways than 1 and their conclusion was it could either be from a heart issue or a neuro issue, so they have no idea. I don't think it will ever change has it hasn't in this amount of time and something I just learned to deal with and watch the precursors so I know when danger is approaching.
 
I'm in the AR and getting 50% for PTSD and was told by my PEBLO I would be put on TDRL for up to 5 years with checkups every 6 months and group therapy, outpatient services, etc... @ the VA. So your telling me if I am in the AR they have a regulation that states you can be put on PDRL for PTSD instead of TDRL? Am I reading this wrong?Please advise.

Are you meaning AR as in Army Reg or AR as in Army Reserve? Damn TBI's
 
PSYOP, his AR was refering to Army Regulation, not Army or Army Reserve
 
They can rate your PTSD as "stable" and "permanent" at anytime and put you on PDRL. They generally put people on TDRL with the hope that the condition will improve, at which point they can pay less, or even find you fit.
 
I thought standard operation procedures these days was atleast one period on TDRL for PTSD discharges to help ensure the member shows up to counseling/treatment etc. kind of an invisible leash. Not saying I disagree or not with the "policy" but with the suicides and media coverage, from a CYA aspect it makes sense and to be honest if it only saves one person who is suffering silently it may be worth it. From a personal perspective, if I knew that by attending group therapy once a month, I helped save someone, to me it would be worth the loss of the freedom, a personal choice I would make and against my normal view of non government involvement.
 
According to paragraph E7.2.1 the Oct 2008 DOD Policy memo implementing provisions of NDAA 2008 "For members found unfit with a rating of 80% or greater for a permanent and stable condition (or conditions) not related to the diagnosis of the mental disorder due to traumatic stress, the member will be permanently retired." Talk with your detailed counsel about this; he/she should be able to help you out.
 
Thanks again for all the help from everyone. I took all the suggestions and went and saw the lawyer. She agreed with all of us that it should have been PDRL simply because of the 100% rating for the one diagnosis.

I filed the paperwork and am now awaiting a decision from the appeal board. Hopefully I don't have to wait forever, I have gotten through the anger stage of the Army kicking me after 17.8 years and am ready to begin life anew as a civilian.
 
Ben Guerra said:
Talk to your lawyer and they can draft you a memo to recommend PDRL. Anything above 80% IAW 635-40 4-19h, can put you on PDRL. The AR doesn't mention PTSD. I had a friend that fought it and won it. The PEB changed it to PDRL because they couldn't argue against the reg. By law yes, they have to put you on TDRL because of the required follow up of 6 months for PTSD, but not by the current AR. If you're Army of course!
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I was wondering if anyone knows if there is this same rule on the Air Force side.
 
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