Process of staying in with a VA rating

signal_vet

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I am in the national guard and recently got back from OEF. I got tested for sleep apnea and prescribed a CPAP while still on orders. I am thinking about putting in a disability claim but would like to stay in the guard. Can anyone let me know what I should expect if I have a VA rating and stay in?
Will my chain of command have to sign off on my condition every year and will it impact potential promotions? If I transfer units will I have to alert my new units?
For just sleep apnea, has anyone had to go through a MEB or C&P?
Any help is appreciated, thanks.
 
You can file for whatever you choose, in your case I would make sure that you have an LOD or some form of documantation showing the condition is somehow tied to duty.

The VA and mil systems talk, so if you do receive a rating, the mil system will see it once it goes official. The system can see the percentage, but not the individual conditions to my knowledge. In my case, I had to enter what they were during my next health questionaire, the system already knew I had a rating so no sense trying to hide it. Where it goes fron there will be up to your mil med provider.
 
If you get VA compensation you will see a deduction or offset in pay. If you get a high rating it may totally erase your weekend pay. Just be aware of this.
 
If you get VA compensation you will see a deduction or offset in pay. If you get a high rating it may totally erase your weekend pay. Just be aware of this.

Not really correct, you will have the choice of which pay to receive, not dependent on rating. You cannot collect both, so for what I would imagine is 99% of those that collect disability, you decline the prorated amount of your disability for the days that you are “in status” as a guard/reservist.
 
Many AD folks serve with CPAP. It is usually a RTD MEB.
 
You can file for whatever you choose, in your case I would make sure that you have an LOD or some form of documantation showing the condition is somehow tied to duty.

The VA and mil systems talk, so if you do receive a rating, the mil system will see it once it goes official. The system can see the percentage, but not the individual conditions to my knowledge. In my case, I had to enter what they were during my next health questionaire, the system already knew I had a rating so no sense trying to hide it. Where it goes fron there will be up to your mil med provider.
Thanks for the help. Can you explain how you would get a LOD for sleep apnea? I understand if there is a clear event, like a vehicle accident, you would get an LOD, but for issues like diabetes, sleep apnea etc., I am not sure how you could do a LOD. I thought that if the condition was not shown to exist prior to duty and was diagnosed while on active duty that was sufficient. Thanks again for the help.
 
Thanks for the help. Can you explain how you would get a LOD for sleep apnea? I understand if there is a clear event, like a vehicle accident, you would get an LOD, but for issues like diabetes, sleep apnea etc., I am not sure how you could do a LOD. I thought that if the condition was not shown to exist prior to duty and was diagnosed while on active duty that was sufficient. Thanks again for the help.


Hard to answer. I’m far from an expert, and it seems there’s a different answer for every scenario I’ve heard about. I know, in my case, they told me they would not require an LOD due to exactly as you say, I had all medical documentation from when I was still AD(not reserve on orders). I filed with the VA a few years after I was already transferred over into the reserves so my situation appears to be a lot like yours. From what I understand, the LOD has a lot to do with providing the VA with a timeline for service-disconnection purposes, and not much more beyond that. The VA in my case, never needed or asked for that, and had no issue with using what was in my AD med records. Since I already have a rating, the AFRC doesn’t see the purpose seeing as how my condition has already been vetted through the VA and I am already approved for a service connection. My conditions also started all the way back in 2006, so to be honest, AFRC doesn’t have the first clue on how to create an LOD cor something that far back.
 
Sorry, I confused your original post with someone else. I edited the one above but it timed out so below is the revised version.

Thanks for the help. Can you explain how you would get a LOD for sleep apnea? I understand if there is a clear event, like a vehicle accident, you would get an LOD, but for issues like diabetes, sleep apnea etc., I am not sure how you could do a LOD. I thought that if the condition was not shown to exist prior to duty and was diagnosed while on active duty that was sufficient. Thanks again for the help.


Hard to answer. I’m far from an expert, and it seems there’s a different answer for every scenario I’ve heard about. I know, in my case, they told me they would not require an LOD because I had all medical documentation from when I was still AD(not reserve on orders). I filed with the VA a few years after I was already transferred over into the reserves so my situation appears to be a little different. From what I understand, the LOD has a lot to do with providing the VA with a timeline for service-disconnection purposes, and not much more beyond that. The VA in my case, never needed or asked for that, and had no issue with using what was in my AD med records. Since I already have a rating, the AFRC doesn’t see the purpose seeing as how my condition has already been vetted through the VA and I am already approved for a service connection. My conditions also started all the way back in 2006, so to be honest, AFRC doesn’t have the first clue on how to create an LOD cor something that far back. For you, I would ask for an LOD. That’s your ticket to having something in writing that your deployment may have caused your condition. If you are going to file a claim, the VA will probably want to see that. Doesn’t matter what condition it’s for, if the mil side deems the condition starting at the time you were on orders...you need that in writing as justification for the VA. As for “how”, not sure on the exact steps. Get up with someone in your med clinic, hopfully you have some sort of full-timers there? They should be able to look at your situation and advise you on the right process to take. There should be a way...
 
This thread is so helpful; similar question. I'm service connected at 60% and in the Reserves, but I've had some other issues creeping back from AD days and am considering filing for VA disability, though will this put me at risk for getting kicked out? Should I just wait until my reserve time is over and then file?
 
You can file for whatever you choose, in your case I would make sure that you have an LOD or some form of documantation showing the condition is somehow tied to duty.

The VA and mil systems talk, so if you do receive a rating, the mil system will see it once it goes official. The system can see the percentage, but not the individual conditions to my knowledge. In my case, I had to enter what they were during my next health questionaire, the system already knew I had a rating so no sense trying to hide it. Where it goes fron there will be up to your mil med provider.
"Where it goes fron there will be up to your mil med provider." --> Who is this provider? The VA? Or a Reserve provider if we're about to deploy?

Why is filing an LOD recommended?

BLUF: So if we get a VA Service-connection while we're in reserves (60%+ SC) there's a strong chance we can get kicked out of the reserves? Is there anyway to avoid it (e.g. waiting to file for the VA until we're done w/ reserve training?)
 
The VA med arm is basically disconnected from the mil med arm. While there is some over lap, my unit has been unable to see anything from my VA med care unless I provide it. Currently, I'm chasing down documents. The VA comp and pen side is connected to the mil pay system which will eventually result in a debt if mil or VA is not selected by the member when eligible for either.

So, self reporting is the way you will get flagged in the mil. An example would be via the contracted provider during the PHA or the unusual case you see a mil provider during IDT/AT.

Filing an LOD is recommended as it is the gold standard of historical incident reporting. Basically, if there is no LOD it's almost as if it did not happen in the mil eyes. They are helpful but not needed for the VA side of stuff.

If you get service connected, then that alone can stop you from getting kicked out (separated without service connection). If you are service connected, DoD will either medically separate a member or medically retire them via the MEB/PEB process. If the DoD unfitting condition is 60% as you mentioned, then that percentage is high enough for you to be medically retired.

The trick is to make sure you get a MEB/PEB process going before they separate you for non-duty related reasons. And that magic piece is typically a P3 profile leading to an LOD or vice versa. Last year they tried to separate me that way as one signature was missing on my profile which stalled the LOD.
 
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