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

If you are on the TDRL and currently awaiting a TDRL reevaluation exam, please be aware that your service may use your post-service VA rating for that condition in lieu of an exam if that rating was assigned within the previous 18 months under Section 10.4 of DODI 1332.18, Volume 1 (February 24, 2023).

So, if the VA conducts a reevaluation within that time period and proposes to reduce your rating for any condition for which you were placed on the TDRL, you need to appeal that finding immediately by providing evidence showing why your rating should remain at its current level. If you miss a reevaluation exam, you can count on the VA using your existing records to assign a reevaluation rating, which may not be your liking. You can also count on your service to adopt that rating.

If you need to appeal a VA rating for a condition for which you were placed on the TDRL, I recommend opting for a Higher-level Review as the quickest means to try and correct this unfortunate turn of events. In doing so, please be sure to use a VA-accredited attorney who is familiar with this process to increase your odds of success. For the link to the DODI provision allowing your service to use a VA rating in lieu of a TDRL exam, please check out this link: https://tinyurl.com/349f5zbn