Category 4: You Were Placed On The TDRL, But Later Were Taken Off The TDRL And Given A One-Time Severance Payment

If you fall into this category, the maximum additional benefits for PTSD that you could receive from this lawsuit are the following:

• Correction of your military records to show that you were assigned at least a 50% rating for PTSD from the date you were placed on the TDRL to the date you were taken off the TDRL;
  
  
• Correction of your military records to show that on the date you were taken off the TDRL, you were medically retired on a permanent basis and assigned a permanent rating up to 100% for PTSD;
  
  
• Entitlement to military disability retirement pay for the rest of your life;
  
  
• Entitlement to military health care benefits (TRICARE) for the rest of your life;
  
  
• Entitlement of your spouse to military health care benefits (TRICARE) for the rest of the life of your current spouse or anyone you may marry in the future;
  
  
• Entitlement of your children to military health care benefits (TRICARE) while they are minors;
  
  
• Military Commissary and Exchange privileges for the rest of your life; and
  
  
• Reimbursement of the expenses that were paid for the medical treatment of you, your spouse, and your minor children from the date you were taken off the TDRL to the present.

The first two items on this list involve correction of military records. These record corrections may, or may not, result in a retroactive payment to compensate you for the fact that your PTSD rating was less than 50% from the date you were released from active duty to the present. A calculation would have to be made to determine if you would be entitled to a retroactive payment.

The factors that control whether you would be entitled to a retroactive payment include the following: the rating the PEB assigned to you for PTSD at the time you were placed on the TDRL and at the time you were taken off the TDRL; the ratings, if any, the PEB assigned you for medical conditions other than PTSD at the time you were placed on the TDRL to the time you were taken off the TDRL which resulted in a combined rating of 75% or higher; the amount of VA disability compensation, if any, that you received from the date of your release from active duty to the present; and whether you are entitled to Combat-Related Special Compensation.


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Does this Lawsuit Apply to You?

I DID NOT RECEIVE THE LEGAL NOTICE.

You did not receive legal notice and think you should be part of the lawsuit. Click Here.

I RECEIVED A ONE-TIME SEVERANCE PAYMENT.

You received the legal notice and were given a one-time severance payment when you left active duty. Click Here.

I AM CURRENTLY ON THE TDRL.

You received the legal notice and are currently on the temporary disability retirement list (TDRL). Click Here.

I AM ON THE PERMANENT DISABILITY RETIREMENT LIST

You received the legal notice and are currently on the permanent disability retirement list. Click Here.

I WAS TAKEN OFF THE TDRL AND GIVEN A ONE-TIME SEVERANCE PAYMENT

You received the legal notice and were put on the TDRL, but were thereafter taken off the TDRL and given a one-time severance payment. Click Here.