I just got news via email that the Army wants to re evaluate me for TDRL; however, I was recently given 100% permanent and total by the VA. At what point do they decide if they are going to just go ahead and solely use my VA records to make a decision? I went through prolonged exposure in February, and to be honest rehashing the past by myself in a strange environment by myself does not seem smart for my condition.
Army conditions are:
Degenerative arthiritis of the lumbar spine/degenerative disc disease with intervertebral disc syndrome 40% (which has gotten worse via MRI/Pain visits)
PTSD with TBI 70%
Indeed, congratulations on your recent award of an increased DoVA 100% P&T rating!
Hmm, we have similar unfitting Army conditions; I had PTSD at
50% and Herniated lumbar disc with subjective radiculopathy at
40% upon placement onto the TDRL. Only my PTSD at 50% was determined to be "permanent and unstable" when placed on TDRL. As such, the herniated lumbar disc with SR was determined to be "permanent and stable" at the conclusion of the DoD IDES process in 2014 calendar year; therefore, a future Army re-evaluation while on TDRL was not required. Ultimately, I received a DoD
100% rating for PTSD and placed on the PDRL a couple of months ago in the 2018 calendar year.
Per DoD regulations, the DoD LDES PEB is required to perform TDRL re-evaluations and a TDRL medical re-examination needs to be completed for each PEB-referred "unfit for duty" medical condition determined to be "permanent and unstable" at the time of placement onto the TDRL. Note that the "permanent and stable" condition will show up on the TDRL DA Form 199. In my particular situation, it read "Thus, the VASRD DC and percentages are applied and taken from the DA Form 199 placing the Officer on the TDRL."
To that extent via my own experiences while previously on TDRL, the USAPDA TDRL Branch has the authority to decide if any DoVA C&P examination can be used in lieu of an Army-provided/generated medical re-examination of the "permanent and unstable" PEB-referred "unfit for duty" medical condition(s). If the DoVA C&P examination meets the specific Army requirements for a TDRL medical re-examination then all available medical documents are forwarded to the LDES PEB for a TDRL re-evaluation. If not and dependent upon your state of home residency, your TDRL file would be forwarded to either a civilian medical contractor (i.e., IWA, LLC or DLH Solutions, Inc.) or to a designated Military Treatment Facility (MTF) for the scheduling and performance of a TDRL medical re-examination.
Hmm, did you have a recent C&P examination for your "PTSD with TBI" medical condition by the DoVA VBA? As in recent, I mean within the past 1 to 3 months? If yes, then it would seem that the USAPDA TDRL Branch may approve the use of the recent DoVA C&P examination and forward your TDRL file to the LDES PEB for a TDRL re-evaluation. As such, this course of action was used during my
first TDRL re-evaluation for PTSD back in the 2015 calendar year. My DoVA C&P examination for PTSD resulted in verbiage warranting a DoVA 70% rating albeit the DoVA Rating Agency awarded a DoVA 100% rating for my PTSD condition. Unfortunately, the Army LDES PEB recommended a DoD 70% rating instead of a DoD 100% rating for my PTSD condition. I disagreed with the LDES PEB's recommendation and requested a FPEB hearing but it was unsuccessful and I was continued on the TDRL for another 12 months.
In my experienced opinion, if you have a "recent" C&P examination for your "PTSD with TBI" condition from the DoVA VBA
and you were either awarded a "P&T" rating or your "PTSD with TBI" condition was considered to be a "permanent disability" by the DoVA Rating Agency, then your opportunities to receive a PDRL finding seems highly favorable (if the USAPDA TDRL Branch accepts the DoVA C&P examination for your "PTSD with TBI" condition in lieu of an Army-provided/generated medical re-examination).
Nonetheless, I hope that you receive a favorable decision from the Informal PEB Proceedings upon the conclusion of your first TDRL re-evaluation. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!