Temporary Disability and Severance Pay

As a Soldier, physical and mental fitness for duty is required to serve.  If an injury or illness has hindered a Soldier’s ability to serve, medical retirement does not automatically follow.  Medical retirement is the last option for a service-related injury.  An injury may initially result in a Soldier’s placement on the temporary disability list (TDRL).  That ‘temporarily disabled’ status can remain for several years while a Soldier receives treatment.  However, a Soldier cannot stay on the list forever.

AR 600-35

A Soldier can be removed from the TDRL and separated with severance pay depending on:

• the Soldier’s length of service,

• the injury’s severity, and

• the injury's stability.

Army Regulation (AR) 600-35 explains the circumstances surrounding a Soldier’s placement on the TDRL. The regulation also outlines when TDRL removal and separation with severance pay may be appropriate.

Federal Law

Federal law requires Soldiers to be placed on the TDRL “when they would be qualified for permanent disability retirement, and the preponderance of evidence indicates one or more conditions will change within the next five years to result in a change in rating or a finding of fit.” AR 600-35, Chapter 4, Para. 4-33.

When disabilities are not permanent

Placement on the TDRL occurs “when the years of service or percentage requirements for permanent disability retirement are met, but the disabilities are not determined to be permanent and stable.” AR 600-35, Chapter 4, Para. 4-27(2).

Physical examinations

Before January 1, 2017, a Soldier on the TDRL with a stable disability could remain on the TDRL for five (5) years.  A Soldier is required to be discharged from the TDRL, with severance pay, if they:

• have less than 20 years of service, and

• have a stable disability rated at less than 30 percent. See generally AR 635-200.

A Soldier must complete a physical exam every 18 months while on the TDRL. If you fail to report for your physical exam, your Branch of Service will remove you from the TDRL list.  Additionally, your retired pay will be suspended until your exam has been completed.

Separation 10 U.S.C § 1203 and 10 U.S.C § 1206

Separation with disability severance pay “is directed under 10 U.S.C § 1203 or 10 U.S.C § 1206, as applicable, when the Soldier is unfit due to a compensable physical disability determined under the standards of this regulation, and— (a) The Soldier has less than 20 years of service . . . [and] (b) the Soldier’s combined disability rating is less than 30 percent, to include a rating of zero percent.” AR 660-35, Ch. 4, Para. 4-27(3).

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If you or a Soldier you know has been injured or placed on the TDRL, it is crucial to know the law and the rights of severance pay and treatment.  Staying informed is necessary to avoid waiving essential opportunities for treatment, pay, and retirement options. At Crisp and Associates, LLC, we have a military administrative law department dedicated to cases involving injured Soldiers facing difficult choices about retirement.