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Removal From Tdrl

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tmanning

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Does anyone have any advice/guidance regarding being placed on TDRL and then after first evaluation being dropped from 40% to 20% and recommended being removed and given serverance pay? Is this commonplace? What are the chances of being able to have that decision reversed at a formal hearing? I have elected that option and am looking at having civilian counsel representation. Thank you in advance!

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This may sound personal but what are your service connected disabilities? How bad are they now in comparison to when you were MEB? Have you received continuous treatment for the past 18 months for the ailments you received sc for? Have you applied for VA benefits --as the PEB numbers are normally much lower than the VAs?

1. request formal hearing

2. yes and no; it is commonplace that TDRL members be removed, but not necessarily after the first evaluation

3. Good if the answers to the questions I asked above are adequate.

4. You don't need civilian representation; your branch of service will provide legal counsel to you for free. Also IMO are more important to refute what the military doctors have said.

Did you see Navy docs, or did they send you to some other branches medical people?

Edited by scscrewed
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  • HadIt.com Elder

I personally have no knowledge of the TDRL system but I don't believe I would ever use an atty employed by the military to represent me. To me it's like asking the VA to represent you in a claim against themselves. What makes you believe you'll get fair representation??? Remember any severence pay must be recovered, first, before receiving any actual money, from the VA. jmo

pr

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I understand Philip Rogers point, but these are service members in uniform representing you. They are not civilians hired out. Their performance is based on their ability to sustain adequate representation of you in front of the PEB. These aren't VA officials, but JAG. They don't screw around with ethics, and they give their best. That's been my experience with them, and you have more recourse if they engage in professional malpractice.

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  • HadIt.com Elder

scscrewed - what makes you believe they are there to help you?? To me, they are looking out for the branch of service. I sincerely doubt you have any recourse, as w/military doctors. Again, that's jmo. Sometimes, free services are worth just what you pay for them, meaning zero. I get free care at the VA but I won't bet my life on it. I'll stick w/my opinion. When I was in, I had 2 article 15's and a summary court martial. Was I guilty - yes, but I should have fought them, especially the summary court, as I probably could have won. It was recommended I plead guilty. Duh - I was young, dumb and full of something I can't remember these days. jmo

pr

I understand Philip Rogers point, but these are service members in uniform representing you. They are not civilians hired out. Their performance is based on their ability to sustain adequate representation of you in front of the PEB. These aren't VA officials, but JAG. They don't screw around with ethics, and they give their best. That's been my experience with them, and you have more recourse if they engage in professional malpractice.

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You aren't alone:

http://www.pebforum.com/f67/placed-tdrl-6-months-50-then-dropped-original-10-a-22617/

There are many hits on google to Military.com etc etc as to these problems.

Also there are civilian military law lawyers like this one:

http://www.texasmilitaryjustice.com/PracticeAreas/PEB-Physical-Evaluation-Board.asp

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I understand Philip Rogers. I do. I just went through hell, because my attorney who cost 25k said everything was great, don't worry, this is a cake walk. And day of trial you need to plead guilty or your doing 15.

I trust no lawyer. I trust no attorney. Whether paid or free.

I know about the PDRl and TDRL and PEB and MEB systems, I am involved in the whole thing right now. I received a phone call today to schedule a final evaluation. After I was administratively removed, and now I am back.

Now that said, I think I have a good JAG rep. He talked to my mom for over an hour, and he's coming to see me, because of the extensive nature of my disabilities. I don't know how this will work out. I will know in about nine months, but even after the PEB formal hearing there is still an appeal available. --I think--

Here's what I know: not a darn thing, except life is hard, cathing sucks, my memory is crap, and there was something else but i forgot.
ohmy.gif

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