Appealing TDRL Findings to the BCMR/BCNR
Several service members placed on the TDRL have recently asked me if it was worthwhile to appeal that decision to the BCMR/BCNR of their parent service. The short is no, in most cases, because most of the Boards of Correction take between 12-18 to process such applications. By that time, you will probably have already undergone your final TDRL review by the PEB and received your final agency decision. However, it does make sense to petition the Board for relief if you have had a bad experience with the PEB, and there is substantial evidence showing both the severity and stability of your medical conditions. I recently won a case in the Petitioner had been continued on the TDRL after a very hostile FPEB in which the panel questioned his credibility and ignored the findings of six military and VA providers that supported our contentions. The Board granted his request for relief and put him onto the PDRL at the rating that he deserved. In that case, it made sense to appeal to the Board, but such instances are rare. Otherwise, it is best to focus your efforts on developing the medical and nonmedical evidence needed to show the IPEB both the severity and stability of your conditions.