70% rating and still drill?

[ADLG]

I re-enlisted into the Oregon National Guard. I kept my rank (Sgt) and MOS-15P. I am a veteran/prior service soldier (Active duty 2001-2005) with a VA disability rating of 70% (Filed in Feb 2008, awarded in May 2008). I have requested to be medically discharged.
To my understanding it is unlawful to simultaneously collect both monthly drill pay & monthly disability compensation. I am physically/mentally UNFIT for continuing duty within the Oregon National Guard. What should I expect to happen from here on forward? Your feedback and assistance will be greatly appreciated. Thank you.
ps I read an article, "Army drops rules, aligns with VA disability ratings".
--Is this applicable here?

 

[cvma544]

What my CDR has done in this situation (SGT has 80%) is requested a FFD evaluation from the nearest MTF. Once that has started the state med branch gets invovled. Your state may handle it differently but is working (albeit slowly) here in Indiana. With my case the big army has taken over and when complete will send an order to NGB who in turn tells the state what to do. IE: retire or severance.

HOWEVER, Jason is the expert.

Stu

Sidenote: When you file your annual medical report you should list all your conditions and rating percentages. If you do that your med branch should pick up on that and start the proceedings also.

WARNING: DO NOT LET YOUR STATE ADMIN DISCHARGE YOU. If they try make sure you request......no, DEMAND a full and fair assessment from a MTF thru a MEB/PEB.

Again Jason is the expert here.

My thread may help you see some of the shanagins the state can play. http://www.pebforum.com/medical-evaluation-board/3634-newbie.html

 

[dumpedonthetdrl]

First-yes you can drill with a 70% VA rating. You are not breaking the law. The VA has a system in place where you can waive your VA compensation for the two days of drill a month to receive your drill pay. (An alternative that few choose is to waive drill pay and receive VA pay for those two days.)

Second-you may feel that you are unfit for duty, but it is the military's determination through the PDES that is the sole determination of being unfit. As you proceed through the med board process, they may come to the conclusion that your diagnosis does indeed make you unfit for duty, and medically discharge or retire you. If your injuries/illness cause you to be unfit, they were probably unfitting on your discharge from the military. At that time a med board may have been appropriate and not performed for any number of reasons. The up side is that since the injuries/illness likely occured on active duty, if you were to be found unfit now and rate out above 30%, you rate a military disability retirement with lifetime benefits. If that is the case, it is even possible to make retirement retroactive to your discharge date. Very difficult, but...You NEED professional legal advice now. Your state's medical review system will not likely catch this or process this appropriately.

It is also possible that a board could find you fit for duty. Don't laugh. And that won't change your VA rating. It is independent. I drilled and pulled tours for 7 years with a 60% VA rating. Until the PEB says you're unfit for duty, you are fit for duty, and entitled (and required) to fulfill your duties, within the limits of any profile you may have. You simply cannot get paid both paychecks every day.

But to address your post script-the Army is now required to rate you under the VA rules (and not add their own exceptions as they were doing) ONLY on those conditions that cause you to be unfit. Some of the new changes affect Sleep Apnea, PTSD, and TBI, among others. What matters most here is what the MEB narrative and your commander's letter say.They should support what your ultimate goal is. Get some personal advice from an attorney, a rep from your favorite VSO, or on rare occasion (don't hold your breath) from the nearest PEBLO's office. That is probably Fort Lewis.

Pay close attention to the advice on the previous post about the admin discharges. It happens more often than we would like.

Good luck!

 

[desvet9103]

No, you are not breaking the law, the law states that for every day that you drill that you must determine whatever pay is the lesser of the two during the following year and then you make the determination on VA Form 29-8951 and waive the pay that you want whether it be the disability compensation or the the drill pay. This can be verified by your unit administrator, and if you feel that you are unfit for continued military service then you need to take this matter up through your chain of command and allow for them to send you for a fit for duty physical and go from there. Best of luck to you and if you want some more guidance check out the following regulations: AR 40-501, Chapter 3, AR 40-400 Chapter 7. I would also talk to a veterans service officer with the Disabled American Veterans Office at your local VA Regional Office.

 

[lance_stricklin]

hey, i'm lance, new guy, i have the opposite question. i have 70% disability rating from the va, but my dd214 is clean RE-3. NOT a medical discharge. and i want to joing the ng here in alabama but they are saying it is not possibile at all. the last i heard i would have to drop the rating totally or atleast to a 35% to join,and the marine reserves down to 50%. How did yall get in? what do i need to do? anything would help, thankyou

 

[JohnnyBallistic]

Hello, I am a recent PEB. I want to do the reserves now because the itch still scratches. I was given 20% military and 50% VA. How would this work to do the reserves? First do I repay severance? Second, do I keep a percent of disability or waive disability entirely to return? Third, is there any limits to MOS to have if allowed to keep an amount of disability as mentioned? Any info is greatly appreciated. If you have an answer, do try to give me a point of reference to hold as guidance to anyone I try to go Guard through. Thanks gents.