TDRL Periodic Exam: What the Military Is Really Looking For — and How You Can Lose Your Rating

If you are on the Temporary Disability Retired List (TDRL), your disability case is not over.

Your periodic TDRL exam is not just a medical check-up. It can lead to a new Physical Evaluation Board (PEB) decision about your future. The PEB may:

• Permanently retire you;
• Continue you on the TDRL;
• Lower your disability rating;
• Find you fit for duty; or
• Remove you from the TDRL and separate you with disability severance pay.

That is why what happens before your TDRL exam matters so much.

In many cases, the medical record you build during the months before the exam matters more than what you say on the day of the examination.

Two points are especially important:

• Run the numbers before your exam. Know what permanent retirement at different ratings may mean financially. Our military disability retirement calculators can help.
• Your final disability rating matters more than your original TDRL rating. A few percentage points can determine whether you remain medically retired or leave the military with severance pay.

The government placed you on the TDRL because your condition was not considered stable enough for a final disability decision.

In simple terms, DoD decided: We need to look at this condition again later.

Do not treat that second look as a formality.

For service members placed on the TDRL on or after January 1, 2017, the maximum period is three years.

TDRL examinations generally occur at least once every 18 months. Because the total TDRL period can last three years, some members will go through more than one re-evaluation.

The three-year deadline matters.

Under 10 U.S.C. § 1210, if the disability still exists at the end of the statutory TDRL period, it is considered permanent and stable. The statute also ends TDRL retired pay when the authorized TDRL period expires.

Do not assume the clock stops because your case is delayed.

If you are worried about the cost of traveling to your TDRL examination, do not simply skip it.

10 U.S.C. § 1210(g) authorizes travel and transportation allowances for TDRL members who are ordered to attend required examinations.

The examiner and the PEB are mainly trying to answer two questions:

1. Is your condition now permanent and stable?
2. If it is stable, what disability rating applies now?

The examination is not about whether you deserve retirement, whether you suffered, or whether you served honorably.

It is about medical evidence, functional limitations, and the rating criteria that apply to your condition.

One of the biggest mistakes service members make is confusing stable with better.

They are not the same thing.

A condition can be stable and still be severely disabling.

The problem is that your medical records may make you look better than you really are. Maybe you had a good week. Maybe you learned to live around your limitations. Maybe you told your doctor you were "doing okay."

Those small statements can matter later.

In many TDRL cases, the real damage happens months before the examination.

The PEB decides cases based on evidence.

If you go 12 or 14 months without seeing a doctor, the record may contain very little evidence showing that your symptoms continued during that period.

You may know that you were struggling every day.

But the PEB sees the medical file.

Long gaps in treatment can make it harder to prove that your condition remained severe.

Imagine your doctor writes: "Patient reports doing well."

You may have meant that you were managing. You may still have pain, limitations, missed work, or serious symptoms.

But later, the phrase "doing well" may be used as evidence that your condition improved.

When talking with your doctors, focus on function. Explain things such as:

• How much you can lift;
• How far you can walk;
• How long you can sit or stand;
• How often you miss work;
• What activities you had to stop;
• Whether you need help performing normal tasks; and
• How your condition affects your ability to work.

Functional limitations are especially important because military medical-retention standards focus heavily on whether a condition interferes with the performance of military duties.

Mental health cases deserve special attention.

Under 38 C.F.R. § 4.129, certain mental disorders that develop in service because of a highly stressful event and are severe enough to cause release from active duty must initially receive an evaluation of at least 50 percent.

But that does not mean the 50-percent rating will remain forever.

The regulation specifically requires a later examination to determine whether the rating should change.

In other words, the original 50-percent rating may have been a temporary regulatory floor — not a final finding that the condition will always remain 50-percent disabling.

That VA re-examination is separate from the DoD TDRL re-evaluation process.

If your TDRL placement involved a mental health condition affected by § 4.129, continued treatment and strong medical documentation can be especially important.

Missing a TDRL examination can create serious problems.

Under 10 U.S.C. § 1210(a), disability retired pay may be terminated when a TDRL member fails to report for a required examination after proper notice.

There is some protection when the member had "just cause" for missing the examination. Payments may be restored and, in some cases, made retroactive for up to one year.

But you do not want to depend on that exception.

Many missed examinations begin with something simple: the military sent the notice to an old address.

Keep your address and contact information current with your service's personnel command. Do not assume that updating your information with DFAS or the VA automatically updates every military system.

TDRL examinations can be surprisingly brief.

The examiner may have never treated you before. The records available to the examiner may also be incomplete.

If important civilian medical records are missing, the examiner may never see some of the strongest evidence in your case.

DoDI 1332.18 and DoD Manual 1332.18 contemplate the use of military medical records as well as reports from civilian providers.

Do not assume someone else will collect everything for you. Get important private medical records into the disability-evaluation process early.

A VA disability rating can be important evidence.

But it does not automatically control the PEB's decision.

VA disability compensation and DoD disability retirement serve different purposes and involve separate decisions. A VA rating increase may help your case, but you should not assume the PEB must reach the same result.

Pending VA appeals can also affect the timing and handling of some TDRL cases.

Sometimes a medical condition develops or becomes worse while a service member is on the TDRL.

DoDI 1332.18 contains rules addressing whether new diagnoses may be considered during the TDRL process.

This issue can become complicated very quickly. Do not assume that a new condition will automatically be considered — and do not assume that it cannot be considered either. The answer may depend on the facts of the case and how the condition relates to the original disability process.

An informal PEB decision is not necessarily the end of your case.

If you receive unfavorable findings, you may have options that include:

• Submitting a rebuttal;
• Requesting a formal PEB hearing;
• Presenting additional evidence;
• Appearing before the board; and
• Being represented by counsel.

Deadlines are usually short and vary by service.

One of the worst mistakes is assuming you have no choice simply because the informal PEB ruled against you.

Start preparing for your next TDRL examination as soon as you receive your retirement orders.

Enroll in TRICARE and VA health care as soon as possible. Use both systems when appropriate.

Medical care creates medical evidence.

For significant rated conditions, regular follow-up appointments can help document whether the condition remains severe.

If you are receiving therapy or psychiatric treatment, unexplained gaps can become important later.

That does not mean you should receive unnecessary treatment. It means your medical record should accurately reflect the condition and explain why treatment changed or stopped.

Comply with reasonable prescribed treatment when you can.

If you cannot follow a treatment plan because of side effects, cost, access problems, or another legitimate reason, make sure that reason appears in the medical record.

Treatment may help without making you fully functional.

Your medical records should explain the limitations that remain even with treatment. That is often the evidence that matters most.

Make sure your service can find you. Keep your address, phone number, and other contact information updated with the correct military personnel office.

Request your VA and civilian medical records periodically. Keep your own complete copy.

Do not rely on agencies, hospitals, or military systems to preserve everything you may eventually need.

You do not need to write a daily medical diary. Keep simple notes about important events:

• Severe symptom days;
• Missed work;
• Emergency treatment;
• Major flare-ups;
• Activities you could not perform; and
• Significant changes in your condition.

Specific dates and examples are usually more useful than trying to remember everything months later.

Before your re-evaluation, understand what different disability ratings could mean. Use our VA combined rating calculator to see how a rating change would affect your retirement pay.

A reduction from 40 percent to 20 percent, for example, may have consequences far beyond a smaller percentage on a piece of paper. If CRSC is part of your situation, our CRSC calculator can help you model the financial impact as well.

It is usually easier to build the right record before the examination than to repair a weak record after the PEB has already ruled.

Once an unfavorable informal decision has been issued, you are reacting to a decision instead of helping shape the evidence that produced it.

If the PEB issues adverse re-evaluation findings, you may be able to challenge decisions involving:

• Your disability rating;
• Whether your condition is stable;
• A finding that you are fit for duty; or
• Separation with disability severance pay.

The challenge may involve a rebuttal and a request for a formal PEB hearing.

DoDI 1332.18 provides for government legal counsel in formal PEB proceedings and appeals. Service members may also hire civilian counsel.

A decision simply continuing you on the TDRL is different. In most cases, there is no final adverse disposition to challenge yet. You generally remain on the TDRL and wait for the next evaluation.

After final military action, another possible option may be an application to the appropriate Board for Correction of Military or Naval Records.

But correcting a bad decision later is often harder than getting the PEB decision right the first time.

Under 10 U.S.C. § 1210(a), TDRL members must be examined at least once every 18 months.

DoD Manual 1332.18, Volume 1, generally requires the re-evaluation process to begin by 16 months after placement on the TDRL or the last evaluation and to be completed by 18 months.

Because the maximum TDRL period is three years for members placed on the list on or after January 1, 2017, some members may be examined more than once.

Yes.

Your TDRL re-evaluation can result in a new disability rating.

If your final disability rating falls below 30 percent and you have fewer than 20 years of qualifying service, you could potentially be removed from the TDRL and separated with disability severance pay rather than permanently retired.

TDRL pay and permanent disability retired pay are calculated differently.

TDRL pay is subject to a minimum 50-percent disability multiplier under the applicable retirement formula. That 50-percent floor does not necessarily continue when you are permanently retired.

As a result, your monthly retired pay can decrease even if the disability percentage itself stays the same.

Under 10 U.S.C. § 1210(a), disability retired pay may be terminated if you fail to report for a required examination after receiving proper notice.

If you had just cause for missing the examination, the statute allows payments to be restored and permits retroactive payment in some circumstances.

Do not rely on that protection. Keep your address current and respond promptly to all TDRL notices.

For members placed on the TDRL on or after January 1, 2017, the maximum period is three years.

For those placed on the TDRL before that date, the previous maximum was five years.

At the end of the applicable statutory period, 10 U.S.C. § 1210 provides rules addressing permanent stability and the termination of TDRL retired pay.

Yes, and in many cases you should.

DoD disability regulations recognize medical records and reports from civilian providers.

A strong civilian treatment record can help show the true severity and functional impact of your condition. Do not wait until the day of the examination to start gathering those records.

Medical retention standards are found in DoDI 6130.03, Volume 2.

The central question is generally whether your medical condition continues, despite appropriate treatment, to interfere with your ability to satisfactorily perform the duties of your office, grade, rank, or rating.

DoDI 1332.18 also controls important parts of the disability evaluation process and takes precedence in situations covered by that instruction.

The Temporary Disability Retired List (TDRL) is for service members whose disability is not yet considered permanent and stable. The Permanent Disability Retired List (PDRL) is for those whose condition has been found permanent and stable.

TDRL placement requires periodic re-evaluations; PDRL placement does not. TDRL pay also carries a minimum 50-percent multiplier that does not apply to PDRL.

The best time to prepare for a TDRL re-evaluation is before the examination — while you still have time to make sure the medical record accurately shows your condition and your limitations.

If you have already received unfavorable informal PEB findings, act quickly. Rebuttal and formal-hearing deadlines can be short.

I represent service members nationwide in TDRL re-evaluations, Medical Evaluation Board and Physical Evaluation Board proceedings, and petitions before the Boards for Correction of Military and Naval Records.

If your TDRL re-evaluation is approaching — or you have already received findings you believe are wrong — contact my office to discuss your case.

This article provides general information about the military disability evaluation system. It is not legal advice and does not create an attorney-client relationship. Regulations and service-level policies can change, and every disability case depends on its individual facts and medical record.