Offered TDRL? If i have a stable rating of 40 % for one condition, and 70% unstable other condition, would the 40% stable rating make me eligiblefor PDRL? The lawyer guy says i should appeal for change to PDRL .
Rateings are in,...TDRL?
- Thread starter riquietguy
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I'm very new to the process of a MEB/PEB I will also be starting the process on 4May12. Anyways what does the stable rating mean and the unstable rating mean.
in short:
Stable means a disability that is not likely to change for better or worse in the next 12 months.
Unstable means the opposite. e.g. PTSD. PTSD can get better with treatment, or worse, over time and would warrant a higher or lower rating.
If you have an unstable disability then you can be put on the Temporary Disabled Retired List (TDRL), which requires you to be see a doctor once every 12-18 months in order to see if you are warranted a lesser, the same, or greater percentage.
If you have stable disability then you can be places on Permanent Disabled Retired List (PDRL) and you never have to worry about having that percentage change unless you initiate a new claim on it.
There is a lot more to it. That was the long and the short.
Stable means a disability that is not likely to change for better or worse in the next 12 months.
Unstable means the opposite. e.g. PTSD. PTSD can get better with treatment, or worse, over time and would warrant a higher or lower rating.
If you have an unstable disability then you can be put on the Temporary Disabled Retired List (TDRL), which requires you to be see a doctor once every 12-18 months in order to see if you are warranted a lesser, the same, or greater percentage.
If you have stable disability then you can be places on Permanent Disabled Retired List (PDRL) and you never have to worry about having that percentage change unless you initiate a new claim on it.
There is a lot more to it. That was the long and the short.
So if you get offered both can you choose which one you want or do you have to take the highest percent
Sorry, NOPE..... It is what it is. Start reading some of the treads listed under forums.... you will learn a lot and you will begin to understand the process... Start with the MEB threads..... that's your fisrt challenge. You can't learn by trying to finish the race with out understanding the course and driving the race. Hope this helps, Good Luck Bravehart
for example,
Using the IDES..
You get rated 50% PTSD, 30% Asthma, and those are both unfitting with the army..which will get you a military retirement.
The 50% PTSD rating is unstable BUT the 30% Asthma rating IS stable....you will still be put in TDRL but you will only be seen once every 12-18 months for the unstable condition of PTSD. Your 'Stable' condition of Asthma will be considered permanent so that won't change but as Braveheart said, you can't have both TDRL and PDRL. You will know which conditions will be unstable because it will state it clearly on your DA 199 (If you're army).
Using the IDES..
You get rated 50% PTSD, 30% Asthma, and those are both unfitting with the army..which will get you a military retirement.
The 50% PTSD rating is unstable BUT the 30% Asthma rating IS stable....you will still be put in TDRL but you will only be seen once every 12-18 months for the unstable condition of PTSD. Your 'Stable' condition of Asthma will be considered permanent so that won't change but as Braveheart said, you can't have both TDRL and PDRL. You will know which conditions will be unstable because it will state it clearly on your DA 199 (If you're army).
E3.P6.1. Placement on the TDRL.
Service members shall be placed on the TDRL when they would be qualified for permanent disability retirement but for the fact that the member’s disability is not determined to be of a permanent nature and stable.
E3.P6.1.1. A disability shall be considered unstable when the preponderance of medical evidence establishes that accepted medical principles indicates the severity of the condition will change within the next five years so as to result in an increase or decrease of the disability rating percentage or a finding of fit.
E3.P6.1.2. Except for cases processed under imminent death procedures, members with unstable conditions rated at a minimum of 80 percent and which are not expected to improve to less than an 80% rating, shall be permanently retired.
Definitely worth talking with counsel about. Might want to argue for PDRL and it seems possible to have both your stable/unstable be considered. Remember, is it based on the likelihood of improvement. Preponderance of medical evidence is defined as more likely than not.
Service members shall be placed on the TDRL when they would be qualified for permanent disability retirement but for the fact that the member’s disability is not determined to be of a permanent nature and stable.
E3.P6.1.1. A disability shall be considered unstable when the preponderance of medical evidence establishes that accepted medical principles indicates the severity of the condition will change within the next five years so as to result in an increase or decrease of the disability rating percentage or a finding of fit.
E3.P6.1.2. Except for cases processed under imminent death procedures, members with unstable conditions rated at a minimum of 80 percent and which are not expected to improve to less than an 80% rating, shall be permanently retired.
Definitely worth talking with counsel about. Might want to argue for PDRL and it seems possible to have both your stable/unstable be considered. Remember, is it based on the likelihood of improvement. Preponderance of medical evidence is defined as more likely than not.
Jason Perry
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Just to reiterate, stability is judged over 5 years (or, if already on TDRL, the remainder of the 5 year period). The Army has a policy letter that drastically changes the evidentiary standards for placement on TDRL, too.
I am new to this website and I just recieved my rating in the new IDES system I recieved 30% PDRL from the Army for Bilateral Tarsal tunnel syndrome, Migraine Headaches, and Seizure Disorder was what I was board for and I recieved a VA rating of 60% for these conditions and more. I want to know how money will I bee looking at for an retired E-5 for 7 years. I haveone child and a spouse for dependants. Do you think I should accept this as well or fight for more I need help with this?
Your retirement pay, (based on 36 month average) would be approximately $709/month before taxes. VA pay would be $1169(with dependents) and tax free. You would take VA and not receive your military retired pay unless it's combat related. If it's combat related you might be entitled to increased compensation called CRSC. Plan on $1169, plus full Military benefits, for worst case and figure out what you need to do in order to support your family. Look into SSI,SSDI and State run/Federal run VA programs.
Best of luck.......
Best of luck.......
OK so from what I've read here, I will be on 5yr TDRL unless upon reexamination they either say it is stable,improved or worse. Max is 5yrs on tdrl. I will be able to keep my family on Tricare at cost. and will be able to collect VA and combat related portion of army retirement together. As well I am currently on Social Security, will I be able to continue on that as well? I'm enrolled in Vocational Rehabilitation.. does that have any effect on this?
You are on top of everything. You are correct. VA pay plus CRSC if entitled to it. None of this affects SSDI. Keep in mind while on SSDI you have a 9 month trial work period with no cap on earned income. After that you have to stay under $1100ish a month if you are able and want to work. Are you collecting SSDI for your family? You can get 50% more of your SSDI payment for them. GI BILL is not a factor either. VA pay is not considered earned income from SSDI. Also, going back to school part time will not effect SSDI. As long as it's based on a schedule that works with your medical problems you are ok. Talk with a JAG/Civilian Attorney because you might want to file for PDRL and not mess with TDRL. Look at the report to Congress dated 2007 or 2008 about TDRL findings. It looks like most people who are still on TDRL at 5 year are placed on PDRL, but prior to that half lose there medical retirement. I hope it's because service members are getting better, but concerned it could be the PEB downgrades many conditions.
riquiteguy:
Just like TDRL they (Social Security) reevaluate you every couple of years... until your 55.
Just like TDRL they (Social Security) reevaluate you every couple of years... until your 55.
Edited It while you were responding...LOL, Just like TDRL they (Social Security) reevaluate you every couple of years... until your 55.
Just a reminder.... 
Thanks Pittpan, you made me smile...
Thanks ND, appreciate it. SSDI re-evaluated me at 1 year mark in house. Just sent me a letter saying, "congrats, keep checking your bank account." No appointments this time around.
55, is that an SSA policy? I haven't seen it.
55, is that an SSA policy? I haven't seen it.
Jason Perry
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55 is a VA policy....Also, another issue that has concerned me greatly is whether those in IDES are later re-evaluated by the military (for TDRL Reevaluation/MEB purposes) or, as the recent IDES DoD Directive Type Memo states, they are "re-rated" by the VA. Watch out for this issue- if you are IDES, the VA should be providing the final rating. I have seen this not happen and have recently challenged this (in the case where I did, the Navy "punted" by continuing the member on TDRL. For my client, this was an acceptable outcome. However, those on TDRL through IDES should be finally rated by the VA, too. My concern is that the military is taking the view that, "okay, we may not like the VA ratings, but we have to accept in the IDES cases...but on the next review, we will "fix it" and rate the member how we think we should;" This is pure BS in my opinion, and the VA should be providing all follow up ratings).
Thanks Jason. I asked that question today and was told they "technically" can be reviewed by either. I have the same concern you do on this and found a good POC that I am hoping will lead me down the path of more info.
The weird spot I am in is not being in the IDES. Maybe it hurt or maybe it helped. DoD said 40% while VA said 100%. I have to stay under previous system through TDRL, but thinking of challenging the re-evaluation with the point of they knew it was a 100% rated condition by VA awarding me 100% the day after separation(retroactively) by using military/civilian/MEB/PEB/VA records that were all reviewed by PEB previously. No military doctor had a positive projection that I would ever recover and no treatment plan given. Current re-eval doc says my conditions are chronic, no improvement in 4 years and doesn't expect to see any change. Highly recommends MEB be forwarded and believes I will never be suitable for military service. My plan is to push for PDRL based on PEB wrongly assigning me back in 2010.
The weird spot I am in is not being in the IDES. Maybe it hurt or maybe it helped. DoD said 40% while VA said 100%. I have to stay under previous system through TDRL, but thinking of challenging the re-evaluation with the point of they knew it was a 100% rated condition by VA awarding me 100% the day after separation(retroactively) by using military/civilian/MEB/PEB/VA records that were all reviewed by PEB previously. No military doctor had a positive projection that I would ever recover and no treatment plan given. Current re-eval doc says my conditions are chronic, no improvement in 4 years and doesn't expect to see any change. Highly recommends MEB be forwarded and believes I will never be suitable for military service. My plan is to push for PDRL based on PEB wrongly assigning me back in 2010.
I have appointment with JAG lawyer on Monday, and need to give PEBLO answer on Wednesday. Trying to figure on how long Ill actually be here now, my son is scheduled to graduate on May 13, 2012. Hoping that I can wait to start permissive and terminal leave after that. On another note, with Army move, will they hold my goods until i secure a place back home? Or do I need to give the movers a physical address at time of move? Its all about to happen so fast, I wasn't able to make decisions with out having idea of potential income.