VA Disability and the National Guard

Discussion in 'Intro' started by allen2508, Sep 2, 2009.

  1. allen2508

    allen2508 PEB Forum Regular Member

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    Hey, I need some serious help.
     
  2. allen2508

    allen2508 PEB Forum Regular Member

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    Hi,

    I am a veteran of Iraq and Afcrackistan. I have recently become symptomatic of PTSD. PROBLEM: The VA thinks I should seek disability, which wouldn't hurt my wallet, but I'm in the National Guard and don't know if they'll kick me out or what. Does anyone have any insight as to what percentage I will be eligible to receive before I would be medically dishcharged?

    Thanks
     
  3. Gomez

    Gomez PEB Forum Veteran

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    There's no certain PTSD percentage for which they'll kick you out. However, if you've been rated by the VA, when you fill out the Guard's annual physical health assessment form, you are supposed to check a box that asks if you are receiving any VA disability compensation. The form also requires you to disclose any psych treatment or diagnosis you've received. Once you complete these, you are likely to be flagged and possibly be considered for MMRB and MEB since you would possibly meet the non-retention standards set forth in AR 50-401. Seems many Guard soldiers are not reporting these so they can stay "under the radar" and not be kicked out. Of course, not reporting these on the form could be fraudulent. I am in Guard and was diagnosed in 2005 with PTSD. I've been reporting it since then on these forms, but for some reason, they are just now (4 years later) initiating MMRB on me.
     
  4. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    allen,

    Welcome! You would be separated or retired if unfit at any percentage. However, if you are discharged with 30% or more, you draw immediate military retirement pay. PTSD warrants a 50% temporary minimum rating if unfit. With combat related PTSD you would be eligible for Combat Related Special Compensation (CRSC) which would allow you to get both VA and military retired pay, (at least partially). Right now, you are likely waiving your military drill pay in lieu of your VA pay.

    So, if you are significantly injured, it may be advantageous to you to go through MEB/PEB. Can you tell us what your concerns are with this course of action?
     
  5. allen2508

    allen2508 PEB Forum Regular Member

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    Thanks for the welcome and the hasty responses. My concerns are that I just recently joined the Arkansas National Guard after 5 years active duty with the 82nd. I received half of a 7,000 dollar bonus, which I really don't want to have to pay back, I can still effectively lead soldiers in a combat environment. Honestly its the civilian environment which triggered my symptoms. I have been informed I have a more than reasonable case for more than PTSD, I have some kind of Lumbar problem with my spine from an Airborne FTX gone bad, knee problems which can be connected through numerous sick call records, Ankle problems from the aforementioned FTX, hearing loss from a punctured eardrum during Ranger School, and numerous records of MTBI, from impact concussion, blast concussion, and falls, all while in the military, I'm not clumbsy, just unlucky. The American Legion is handling my filing and says he can take it a long way, but told me that 50% would get me boarded. The National Guard also pays my tuition which is nice and don't necessarily want to lose, sorry this is so long.:eek:
     
  6. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    You don't have to pay back bonuses if you are medically retired/separated.

    It is not true that 50% will automatically get you boarded. Your condition has to fail retention standards per AR 40-501 chapter 3. A P3 Profile will usually trigger a PEB.

    Are you not eligible for improved post 9/11 GI Bill?

    As long as continued service is not your primary goal, I see little risk and much potential upside to being medically retired. Draw retired pay immediately, get TriCare for you and eligible family members/dependents, and get partial dual receipt of VA money if retired...I don't see a downside.
     
  7. allen2508

    allen2508 PEB Forum Regular Member

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    Thanks Jason. I don't quite get how the dual compensation works, I am eligible for CH 33 but I attend a cheap community college and actually make more money with the old one. Something, I hadn't considered though. It would only make a few hundred dollars a month difference. I only have 6 years in, is retirement even a possibility?
     
  8. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    Yes, there have been retirees who have not made it out of basic training. For members on active duty at the time of their injury, the requirement is that you were on orders for 30 days or more (note, it is the length of the orders that are important, not that you are on them for 30 days....so, if you swear in at MEPS and are getting on the bus to ship to basic training and slip and fall, you are covered). Bottom line, the fact that you have 6 yrs does not keep you from getting retired.
     
  9. allen2508

    allen2508 PEB Forum Regular Member

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    Thanks for the information, I am sure I will need help further along the process, you seem knowledgeable and that is valuable when your in the situation where you have to look out for yourself.
     
  10. Jack

    Jack PEB Forum Veteran

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    allen,

    Keep in mind the VA looks hard at folks who r rated high wid mental n attending college. There take is how can he think straight at college but not otherwise.

    The military will look at dis too.

    ALso u say "....I can still effectively lead soldiers in a combat environment...."

    That will bit u in the rear. If u can do dis there take is u can do it otherwise. Regardless of civilian triggers.

    Just stating whats out there in ur future.

    So read alot of posts on here to learn. DO ur research

    JACK
     
  11. jjterry77

    jjterry77 New Member

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    I know this is an old thread but I hope I can find answers...
    Im in the national guard and am also a federal tech so my job requires me to keep my national guard enlistment. The problem that Im having is that I received paperwork yesterday from the VA that they have rated me 80% disability. This is from my tour to Afghanistan (PTSD 70%, tinnitus 10%, headaches 30%). My tour was over a year ago and my PTSD has almost resolved and I have never been on any medications. Im very concerned that I will be discharged from the guard due to the VA disability and then will lose my job since I have to be in the guard to retain employment. What do I need to do to stay in the guard? Will I automatically be discharged or just not be able to re-enlist in 3 years, when Im up for re-enlistment?
     

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