The Perils of Having a TDRL Reevaluation Based on Your VA Rating

If you are on the Temporary Disability Retirement List and currently awaiting a TDRL reevaluation exam, there is a critical regulatory provision you need to understand — one that can significantly affect the outcome of your case without you ever setting foot in an exam room.

Under Section 10.4 of DODI 1332.18, Volume 1 (February 24, 2023), your branch of service may use your post-service VA rating for a TDRL condition in lieu of a physical reevaluation exam — provided that VA rating was assigned within the previous 18 months.

In plain terms: if the VA has conducted a reevaluation of your condition within the past 18 months, your branch can simply adopt that VA rating as your TDRL reevaluation rating. No new exam. No opportunity to present updated evidence in person. The VA's number becomes the military's number.

This is not a hypothetical. It happens — and when it does, service members who were not prepared for it are often blindsided by the result.

The danger is straightforward. If the VA conducts a reevaluation within that 18-month window and proposes to reduce your rating for any condition for which you were placed on the TDRL, your branch will likely adopt that reduced rating as your TDRL reevaluation finding.

A rating reduction at the TDRL reevaluation stage can have severe consequences:

• A rating that drops below 30% may result in separation with severance pay rather than permanent disability retirement
• A rating reduction for a mental health condition — particularly PTSD — can be especially damaging if it reflects a gap in treatment rather than genuine improvement
• Once the branch adopts the VA's reduced rating, reversing it requires navigating both the VA appeals process and the military disability system simultaneously

If the VA conducts a reevaluation and proposes to reduce your rating for any TDRL condition, you need to appeal that finding immediately — before it is finalized and before your branch has the opportunity to adopt it.

Your appeal should include evidence demonstrating why your rating should remain at its current level. This means:

• Updated medical records from treating physicians documenting the ongoing severity of your condition
• Pharmacy records showing continued prescription fills
• Therapy records showing uninterrupted treatment, particularly for mental health conditions
• Any independent medical opinions addressing the current level of impairment

Do not wait to see whether your branch will actually use the VA rating. By the time you know for certain, the window to act may have closed.

If you miss a TDRL reevaluation exam entirely, the situation becomes even more precarious. In that scenario, you can count on the VA using your existing records — without the benefit of a current examination — to assign a reevaluation rating. And you can count on your branch to adopt whatever rating results.

Existing records, without a current exam, often understate the severity of an ongoing condition. The absence of recent treatment documentation is particularly damaging — as discussed elsewhere on this site, a gap in treatment is routinely interpreted as evidence that the condition has improved, regardless of the actual clinical picture.

If you need to appeal a VA rating for a condition for which you were placed on the TDRL, Attorney Gately recommends opting for a Higher-Level Review as the quickest means to try and correct the situation.

A Higher-Level Review is conducted by a more senior VA claims adjudicator who reviews the existing record for clear error. It does not require submitting new evidence — but it is faster than a Board of Veterans' Appeals appeal and can result in a corrected rating more quickly than other appeal lanes.

Speed matters here. The longer a proposed reduction sits uncontested, the greater the risk that your branch acts on it.

When pursuing a Higher-Level Review in this context, Attorney Gately strongly recommends using a VA-accredited attorney who is familiar with both the VA appeals process and the TDRL system. The intersection of these two systems is complex, and an attorney who understands only one side of the equation may miss critical strategic considerations.

Attorney Gately is VA-accredited and has experience representing service members at exactly this intersection — where a VA rating decision threatens to drive an adverse TDRL outcome. For a full explanation of the TDRL process and your options at the BCMR/BCNR level, see our TDRL and BCMR review page. Our post on PDRL vs. TDRL explains the key differences between the two lists and what a reevaluation outcome means for your long-term status. For a real-world example of how a diagnostic error can drive an adverse TDRL outcome, see our TDRL case study. For a complete guide to what the PEB is looking for at your periodic exam — and the eight mistakes that can cost you your rating before you ever walk in the door — see our TDRL periodic exam guide.

If you are on the TDRL and have received a proposed VA rating reduction, contact his office for a free consultation before that reduction becomes final.