What is the TDRL?
The Temporary Disability Retirement List (TDRL) is a list of Service Members found to be unfit for performance of military duty by reason of physical disability which may be permanent, but which has not sufficiently stabilized to permit an accurate assessment of a permanent degree of disability. The secretary of the navy is required by law to maintain the TDRL, and has delegated responsibility for this function to PERS-82.
What determines if the condition is unstable?
A disability shall be considered unstable when the preponderance of medical evidence establishes that accepted medical principles indicate the serverity 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 Physically Fit to Return to Active Duty." DODI 1332.28, para E.3P6.1.1. Many conditions qualify for TDRL. Conditions the board typically considers unstable are Migranes, Asthma, Back and Neck Conditons, Nerve Damage, and Mental Disorders.
If the PEB determines that I be placed on TDRL, how long do I have until being placed on TDRL?
The effective date of retirement/seperation because of physcial disability (either permanent or temporary) normally shall be within 4-6 weeks after issuance of the Notification of Decision from PEB.
What will happen when my medical condition has stabilized? How is it determined whether a member receives a medical seperation versus a retirement?
You will either be retired for permanent disability if your disability is rated 30% or more and you have less than 20 years service; retired for permanent disability no matter the percentage of disability if you have over 20 years of service; seperated with severance pay if your disability is rated less than 30% and you have less than 20 years service; or found physically fit for return to active duty.
I've had a lot of medical problems lately. How do I apply for a disability discharge or retirement?
Members do not apply for disability, discharge, nor retirement. The physical defect/condition must rended the member unfit for duty.or discharge. Disability evaluation begins only when examination, treatment, or hospitalization result in referral to a medical evaluation board (MEB). The decision to hold a MEB rests with Medical Treatment Facility (MTF) at which member the receives care.
How long can I stay on TDRL?
Five Years. The law requires that a final determination be made before the fifth anniversary of placement on the TDRL. However, you may be removed from TDRL at an earlier date whenever a periodic examination determines that your medical condition has stabilized for rating purposes. The law directs the termination of retired pay if a final determination is not made at the end of five years.
Can my percentage of disability change while I am on TDRL?
Your percentage of disability will remain the same as long as you are on the TDRL. Changes in the degree of severity of your disability will not affect your retired pay while you are on the TDRL. When your condition has stabilized, the final determination in your case may result in removal from the TDRL.
How will the final determination be made in my case?
The same procedure used when you were first placed on the TDRL will be employed. A medical reevaulation is completed after being reviewed by you, is forwarded to a Physical Evaluation Board (PEB). All medical evidence will be carefully evaluated to ensure that a just and accurate determination is made. To ensure that your interests are protected, you will be afforded the opportunity to appeal or rebut the PEB's findings before your case is finalized.
The PEB determined that I am to be Seperated with Severance Pay. It has been 2 months and I haven't received my severance. What should I do?
Upon receipt of notification to be Seperated with Severance Pay, Defense Finance Accounting Service (DFAS) will normally process severance pay within 90 days. DFAS can be contacted at 1800-321-1080
Can a Navy member be discharged/retired for disability if court martial charges have been preferred?
No. All disability processing ceases and discharge/retirement date will be held in abeyance. until otherwise directed.
When I retire with a VA disability, will I have 2 paychecks each month?
Yes, you will receive 2 paychecks, one from DFAS for retirement, and one from VA. However, your disability check is not “in addition to” your retirement check. It is offset from your retirement check. For example, if you have a 30% disability, approximately 30% of your retirement check will be offset from VA.. For more information: http://militarypay.defense.gov/retirement/conncurrent/
If I separate/retire without using the disability process in the Navy will I have an opportunity for VA to make a determination?
Yes, you can register with the VA and have a physical exam. VA will then determine if you have a disability. However, you are required by law to undergo periodic physical examinations as ordered by the Secretary of the Navy. This requirement exists even if you waive navy reitred pay in favor of Veterans Administration compensation or are receiving treatment at a VA Hospital. Examinations administered by the VA to determine the amount of compensation you are eligible to receive from that agency cannot take the place of examinations required by the Navy. In other words, your responsibilities to the Navy and the VA with respect to physical examinations are separate and distinct.
If I apply for benefits from the VA which I may be entitled to, will these benefits be based on the percentage of disability I received from the Navy?
The Veterans Administration is not bound by the Department of the Navy rulings and the determinations pertaining to the disabilities of its members, but rather by laws administered solely by that agency. The Navy determines fitness or unfitness to perform military duties. The Veterans Administration, on the other hand, determines if the disability is the result of or incident to military service and is concerned with the individual's ability to perform in a civilian environment. Therefore, differences in ratings made by the Navy and the Veterans Administration may occur.
Am I required to report for examininations if I am attending school or have a job?
Yes, you must report for your examinations even if they interfere with your job or school enrollment. If needed, PERS-82, on request, will furnish a statement explaining the legal requirement for your absence to undergo a physical examination, which you can present to your employer or school official.
Will I be paid for my personal expenses incurred in traveling to the hospital for my TDRL evaluation, and which if I do not have sufficient money to make the trip?
You will be authorized travel entitlements per the Joint Federal Travel Regulation (JFTR). All travel arrangements will be made via PERS-82.
What if I live outside the Continental United States?
You will still be required to attend your evaluation, and will be authorized travel entitlements per the JFTR. If you live in Hawaii or Alaska, you will be examined at a hospital in those states. All travel arrangements will be made via PERS-82.
What if I fail to report for a scheduled evaluation?
The law specifies that your entitlement to recieve Navy retired pay and eligibility for an Identification Card will be suspended if you fail to report for physical examination without showing just cause. Once suspended, your entitlements will not be reinstated until you undergo an examination. You must promptly notify the hospital at which you are scheduled if you cannot make the scheduled appointment. Ultimately, members will face administrative removal from the TDRL on the fifth year of placement without entitlement to any of the benefits resulting from disability seperation or retirement.
If a member is pending mandatory separation or retirement can they be deferred?
Such separation/retirement may only be deferred if member is hospitalized or a medical board report has been accepted by the PEB and no decision has been made for disability evaluation processing. 10 U.S.C. 640 applies.
What if I'm eligible for retirement and don't want to retire with a disability?
Members who meet all prerequisites for retirement or separation because of physical disability, but who also qualify for retirement for other reasons, or transfer to Fleet Reserve, may request that he/she be separated for reasons other than disability.
Member who wants non-disability retirement must submit a request to ASN (M&RA) in a timely manner prior to effective date of disability retirement, stating reason for request and forward to CHNAVPERS or CMC (M&RA), who will make specific recommendation with supporting rationale.
Members who want non-disability transfer to Fleet Reserve must submit a “Request for Transfer to Fleet Reserve (NAVPERS 1830/1). Along with application, member must forward a signed waiver of rights to a formal hearing and to disability pay.
I have been on TDRL for 18 months but I haven't received orders for a physical exam. Is my pay in danger of being stopped?
If you have not received orders by the 18th month on TDRL, you should contact PERS-82 (1-866-827-5672) as soon as possible. Your pay will not be stopped if orders have not yet been issued. However, if a notification was issued without a response from you, this would consitute as "failure to comply" and your pay could be in danger suspension.
My 5 years on TDRL has not expired, but my pay has stopped. Why?
The Secretary of the Navy has designated the Navy Personnel Command (NPC) PERS-82 authority to ensure members assigned to the TDRL adhere to the rules and regulations set forth in Title 10 USC. If a member on TDRL fails to execute physical examination orders, fails to provide updated contact information, fails to promptly contact the designated MTF to arrange an appointment, or fails to meet 2 or more scheduled appointments made by the designated MTF, then retired pay will be suspended. Pay will not be reactivated until the member completes the required TDRL evaluation.
I have a full VA waiver and was told I no longer have obligations with the Navy. Why do I keep getting orders to attend physicals?
Members on the TDRL are provided with non-VA military retiree benefits, such as Identification cards, for member and family members, DEERS enrollment, TRICARE benefits, Military Installation and service access, and regular retired member benefits. Failure to comply with the rules and regulations of the TDRL will result in the administrative removal, and these benefits will be lost. All members of the TDRL are required to obtain Periodic Examiniations until a final determination is rendered by the PEB.
Why do I have to go to so many physicals?
Title 10 requires physical examinations to be conducted every 18 months while on the program. The intent is too ensure documentation of conditions in reference to stability, progression, and remission. All examinations are reviewed by the PEB when attempting to make a decision of stability of medical conditions. Once a condition is stabilized, a member is finalized and no longer required to obtain physical examinations.
What do I have to bring to my TDRL examinations?
You must bring copies of all medical records (civilian, Deparment of Veterans Affairs, and all military records to include all medication/pharmacy records) documenting all treatment you have recieved since placement on the TDRL or since the last TDRL examination. Your records will be reviewed by the physician. You will be included in the medical documents forwarded to the Physical Examiniation Board.
Why do my benefits have to stop after 5 years even when I have over 20 years of active duty service to my credit?
Each member upon retirement is placed in a retirement category, depending on the law that retires him or her. In the case of members retired under TDRL, the law requires finalization no more than 5 years after placement. Systems used for pay, benefits, and documentation of retirement is programmed to meet the requirement of the retirement law. For TDRL members, systems automatically cease payments at the 5-year limit. Title 10 does not provide exclusion for members eligible for other retirement laws other than to provide an avenue for retroactive pay and benefits once a final determination is made.
Why do I have to tell more than one organization when I have a change of address? Why can't one place just tell the other places?
Each organization requiring updated addresses are separate entities, and although they are involved in coordinated efforts on various levels throughout the TDRL process, each organization is still completely independent and requires information from the member from time to time. Similar to change of addresses for correspondents or magazine subscriptions, each requires a separate change of address notification. All concerned will accept standard USPS change of address forms, rather than a formal letter of notification addressed to each, in order to make it easier for correspondents when a change of address occurs.