The Temporary Disability Retirement List (TDRL)

The Temporary Disability Retirement List (TDRL)

Explain clearly who the Marine must call to schedule Periodic Physical Examinations (PPE) • Explain the difference between TDRL and PDRL • Explain the consequences of being administratively removed from TDRL • Discuss the possible outcomes of Periodic Physical Examinations and prepare the family to deal with them financially • Ensure the Marine and family understand the process to schedule the Periodic Physical Examination • Document the best contact methods to facilitate PPE orders

Enabling Learning Objectives • Describe the criteria used to determine whether a Marine is placed on TDRL or PDRL • Identify the benefits received by Marines while on the TDRL • Describe the consequences of being medically separated while on the TDRL • Describe the consequences of being administratively removed from the TDRL • Describe the consequences of being moved from the TDRL to the PDRL • Identify the required Periodic Physical Examinations (PPE) • Describe the process required to schedule the Periodic Physical Examinations • Identify the role of the Marine Corps Disability Section (MMSR-4), the PEBLO, and the TDRL Coordinator in executing the TDRL • Distinguish between the initial VA rating and the initial DoD rating and understand that changes to one does not affect the other • Recognize the challenges faced by the Marine Corps in executing the TDRL

Benefit Profile

Speak to Marines who will be transferred to the TDRL about their responsibilities and the consequences of not completing them • Encourage the Marine to actively engage the NMCM or DISC that is assigned follow-on care coordination responsibilities • Counsel Marine to be prepared for changes in benefits • N/A • Express any personal opinion about the TDRL

IDES Outcomes Based on the first six months of 2013 8% 90% 2%

Benefits on the TDRL Retiree Benefits on TDRL DoD Retired Pay on TDRL • DoD awarded retired pay: • Subject to offset or waiver if receiving VA compensation • Amount is subject to change • Taxable income if not combat related • TRICARE (if Marine elects to enroll) • Retired / Dependent ID cards • Base Access • Commissary and Exchange privileges • Survivor Benefit Program (automatic unless declined) • Combat Related Special Compensation (if eligible) • Concurrent Receipt of Disability Payments (if eligible) • Based on Public Law, Marines placed on TDRL with a DoD disability rating of 30%, 40%, or 50% will receive 50% of base pay. Those with a 60% or 70% awards will receive that percentage. 80% and above will receive maximum allowable by Public Law which is 75%. • Original TDRL award does not change until case finalized. Changes to VA compensation do not affect DoD rating. • Marines transferred from TDRL to PDRL will receive DoD disability retired pay at the rate equivalent to their final DoD disability rating award. • 30% = 30% • 50% = 50% • 90% = 75%

Outcomes of the TDRL Marine will be permanently retired. All DoD benefits / eligibilities of the TDRL are now permanent. Transferred to PDRL • The TDRL is TEMPORARY. • PDRL is generally the desired outcome. Separated with Benefits Marine will lose all retiree benefits. Severance check may be recouped by VA comp received. Marine is entitled to a formal board. IDES Complete. Marines Accepts Findings Placed on TDRL Found Fit for Duty Marine may re-enlist if he meets all retention requirements such as PFT/CFT. Marine is entitled to a formal board. Otherwise he will be separated without benefits. Administratively Removed All retirement benefits suspended until Marine complies with the TDRL requirements (i.e., attends Periodic Physical Examination)

Benefits after the TDRL *Marines eligible for a normal retirement based on 20 years of service will be converted to a normal retirement unless transferred to the PDRL

TDRL vs PDRL • Placement on the TDRL indicates that Marine’s condition is not STABLE for disability rating purposes. • Theseverityof the Marine’s disability does not always influence the determination of placement on TDRL or PDRL • Marines must go through the IDES to be placed on the TDRL • Marines do not choose to be placed on the TDRL, the decision is made by the PEB

Periodic Physical Examinations • The Marine must attend Periodic Physical Examinations while on the TDRL • Schedule: • 6 months (PTSD only) • 18 months • 3 years • 5 years • Note: 5 years is the maximum time on the TDRL; after the final PPE the Marine will be moved to the PDRL if the disability persists • Failure to attend may result in administrative removal from the TDRL • The Marine is responsible for providing MMSR-4 with reliable post-service contact info to include an up to date address to receive orders • WWCC can help facilitate

The Periodic Physical Examination Process Marine Corps Disability Section (MMSR-4) 703-784-9308 703-784-9309 703-784-9321 See next slide

Determining the TDRL Outcome Periodic Physical Examinations are required at 6 months (PTSD only), 18 months, 36 months, and 5 years Conditions are evaluated by the Physical Evaluation Board at the Washington Navy Yard based on the examinations conducted Start Attended PPE? All conditions stable? All conditions fitting? Find Fit For Duty Yes Yes Yes Marine is entitled to a Formal Board and should consult an IDES attorney No No No On TDRL 5 years? New (Final) Rating 10%-20% ? Separate with Benefits Admin Remove from TDRL Yes Yes No No MMSR-4 coordinates the scheduling of the PPE and is responsible for administratively removing a Marine who does not attend Stay on TDRL Move to PDRL

Key Points for Marines on TDRL

Why do Marines Miss Their PPEs? • Marine moves and does not remember to update MMSR-4 with the address • Marine gets frustrated with MMSR-4 or TDRL Coordinator’s customer service and “gives up” • Marine’s DoD retired pay is fully offset (i.e., waived) by VA awarded disability compensation and he does not realize that continued TRICARE coverage is tied to scheduling and attending the PPEs. Most often, loss of TRICARE benefits impact the dependents. • Marine believes that his VA medical appointments satisfy the PPE requirement

Other Challenges with the TDRL • Marine is unaware that he can be found FIT for duty and lose all previously awarded DoD retirement benefits • Marine is not prepared for a reduction in his final disability rating and DoD disability retired pay • Marines with a final DoD disability rating of 30% or 40% do not understand that retirement check will decrease when he is moved to the PDRL

Resources Basic Resources Advanced Resources Physical Evaluation Board Liaison Officer (PEBLO) Various Will brief Marine when presenting findings Marine Corps Disability Section (MMSR-4) 703-784-9308 703-784-9309 703-784-9321 WWR External Fact Sheet https://ehqmc.usmc.mil/sites/wwr/wrc/External%20Fact%20Slick%20Sheets/Temporary%20Disability%20Retirement%20List%20Slick%20Sheet.pdf Wounded Warrior Regiment PEB Liaison Dean Trio 703-432-1856 WWR Internal Fact Sheet https://ehqmc.usmc.mil/sites/wwr/wrc/Internal%20Slick%20Fact%20Sheets/TDRL%20Outreach%20Fact%20Sheet.pdf IDES Attorney Various Can assist Marine at any stage

Questions

GySgt Jefferson is placed on the TDRL with a rating of DoD: 30; VA: 30. His military retirement is not fully offset (i.e., waived). After his final PPE he is placed on the PDRL with the same ratings. What will happen to his DoD retired pay? It will go up It will go down It will stay the same It will be converted to Euros

At his three year PPE, the PEB determines LCplTillotson’s disability to be permanent & stable with a combined final rating of 20%. He has appealed through the PEB Formal Board with no change. What will happen? The Marine will lose his TRICARE coverage The Marine will need to schedule his final PPE The Marine will be placed on the PDRL The Marine will automatically be enrolled in the Survivor Benefits Program

CplMacEwen misses her PPE and is administratively removed from the TDRL. What are the consequences? Her TRICARE coverage will be suspended She will no longer receive her VA disability pay She will have to pay back any GI Bill benefits that she has drawn She will not be able to receive a new retired ID card A only B and C only A and D only A, B and D only All of the above

Sgt Skillman is placed on the TDRL with four rated conditions and a DoD rating of 70%. At the three year PPE the board determines that three of the conditions are no longer unfitting while the fourth, which is 30% disabling remains unstable. What will happen? He will be found fit for duty and removed from the TDRL He will remain on the TDRL, and continues receiving 70% of his base pay (subject of offset) while on the TDRL He will remain on the TDRL, but will now receive 50% of his base pay (subject to offset) while on the TDRL He remains on the TDRL, but will now receive 30% of his base pay (subject to offset) while on the TDRL

GySgt Hernandez has only one condition evaluated by the IDES. He is rated 30%/30% and placed on the TDRL. His military retired pay is partially offset by his VA Disability Compensation. After retirement, he applies successfully for CRSC. While he is on the TDRL the VA increases their rating of this condition to 60%. How might this change his benefits? He can skip his next Periodic Physical Examination He will immediately be transferred to the PDRL His military retirement check will immediately increase to 60% of base pay (subject to offset) His CRSC payments may be adjusted to reflect a larger offset A and C only B and D only B, C, and D only C only D only

Who issues the travel orders to attend the Periodic Physical Evaluations required while on the TDRL? Marine Corps Disability Section (MMSR-4) The Wounded Warrior Regiment The Marine’s last command The Department of Veteran’s Affairs

LCpl Smith attends his initial PPE and the determination is made that his condition is now permanent & stable with a final combined DoD disability rating of 90%. What are the consequences? He will be placed on the PDRL He will have lifetime eligibility for TRICARE He will have lifetime access to military commissaries He will draw a maximum retirement check (75% of base pay, calculated on High-3 basis) for the rest of his life (subject to VA offset) A only A and B only B and D only A, C and D only All of the above

MSgt Williams is placed on the TDRL as the result of PTSD. When will he need to schedule PPE exams? Six months after his placement on the TDRL Eighteen months after placement on the TDRL Three years after placement on the TDRL Five years after placement on the TDRL B and D only A and C only B, C and D only D only All of the above

In which of the four possible outcomes of the TDRL will a Marine with seven years of time in service continue to be eligible for TRICARE after his or her time on the TDRL is complete? Separation with Benefits Transfer to the PDRL Found Fit for Duty Administratively Removed from the TDRL A only B only A and B only A, C, and D only None of the Above

LCpl Smith was transferred to the TDRL after two years of service as the result of a PTSD diagnosis. She has no other unfitting conditions. She is employed and chooses to no longer take her medication because she believes she is managing her condition well. What are the likely outcomes of this decision? MMSR-4 will not authorize per diem when she travels for her next PPE She will be administratively removed from the TDRL for non-compliance At her next PPE she will likely be determined FIT for duty and separated from service. She will need to repay any military retirement that she has received while on the TDRL A and B only A, B and D only A and C only B and D only C only

The Temporary Disability Retirement List (TDRL)