Posted on Feb 27, 2014
Can I join the Army Reserves or National Guard if I am currently collecting compensation from the VA?
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I have been collecting disability compensation from the VA since October 2012 and I am also using my Post 9/11 GI Bill to attend college. I really miss the camaraderie and brotherhood I felt while in the military. I really want to join the Army reserves or the National Guard so I can still attend college but be part of the military again. Would I have to cancel all of my disability compensation? Is that even possible? Some one help me out. Thanks.
Posted >1 y ago
Responses: 277
Contact Recruiter/Station Commander and inquire fir the correct and current answer.
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Well, you tried. But yes you can join any service if you have a VA rated disability. But, it depends on the condition. Like if you had a rated disability for hemorrhoids or something somewhat benign.
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The answer is that it depends. The chances are that you might not be able to pass MEPS and AR 40-501 requirements for enlistment/commissioning in the US Military if you are disabled enough to qualify for compensation.
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How can anyone physically qualify for military duty with a disability? This sounds a bit too far fetched.
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Kyle, With no intent to disparage in any way your disability, if you are able and willing to rejoin the service, best of luck to you. Take the new job and don't worry about the disability. very respectfully, an Old Soldier.
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It depends on if you want to give up your VA pension! Further, you may not get it back afterwards! Find a new mission in life! That is what I am doing
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When I was in the Guard Ten percent was no problem. Take your DD-214 to a Unit and ask the Technician in charge. The Tech will know which Regulation to verify your question.
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i know the feeling i get ssa but get medical care from va such as x- rays glasses and other things dont think but like you i love to go back diagnosed with bipolar and emotinal depression they wouldnt take me back um i'm also 61 they said " i cant recieve any retirement with lack of points i served 18yrs 3 active 15 reserve but 5 years without a unit now by chance if you have enough points you might be able to getting your retirement unless your not 60 yet check with va couselor better yet theres a number in tennesse you can call which will help you you had to serve active duty they can help you i'm going to work on getting mine but i miss my fellow soldiers as well
when i have to have x-rays or anything done in danville i stop by see nurses who took care of me my hats off to them !!!!! 80 days on lock down unit was hectic and rough felt like a prisoner sure it helped me though getting ssa counselor and caseworker spent alot of time doctor i had was great came in checked on us 3 days week ok ok i know little far fetched i got treated better being there than i do now
i live with my ex wife she's been great taking care of me hey local va officer can help to if your unable to drive i have my ex drive me places i can but refuse to with all crazys on the street geeze
its rough but take time to your needs right now when i see another vet i take time to listen even share ideas getting input from them they might know another way to getting assitance dont ruin what you have now i served 18yrs as a cook sure its hard but look at it governments helping you be greatful they are alot of viet nam vets still suffer sometime your out and about check local va legion posts or vfw you'll see then but be good to others and yourself most of all invovle your family thats a big help to !!!!!
my ex wife right now is all i have except in st.louis whats left of my foster family ugghhh its hard but most of all respect yourself others will help you hold your head high in the end were still soldiers wether were in or out !!!!
when i have to have x-rays or anything done in danville i stop by see nurses who took care of me my hats off to them !!!!! 80 days on lock down unit was hectic and rough felt like a prisoner sure it helped me though getting ssa counselor and caseworker spent alot of time doctor i had was great came in checked on us 3 days week ok ok i know little far fetched i got treated better being there than i do now
i live with my ex wife she's been great taking care of me hey local va officer can help to if your unable to drive i have my ex drive me places i can but refuse to with all crazys on the street geeze
its rough but take time to your needs right now when i see another vet i take time to listen even share ideas getting input from them they might know another way to getting assitance dont ruin what you have now i served 18yrs as a cook sure its hard but look at it governments helping you be greatful they are alot of viet nam vets still suffer sometime your out and about check local va legion posts or vfw you'll see then but be good to others and yourself most of all invovle your family thats a big help to !!!!!
my ex wife right now is all i have except in st.louis whats left of my foster family ugghhh its hard but most of all respect yourself others will help you hold your head high in the end were still soldiers wether were in or out !!!!
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I'll add my comments as a former USAF Squadron Commander (one AD, one Reserve). I'm not totally sure of the legality of a disabled vet re-entering the Reserve or Guard, but I would respectfully decline such a person joining my unit. Please hear me out, because I have been slammed on this site for this opinion in the past...but if I'm responsible for 200 or more "combat ready" troops, I want them all 100% ready to deploy. Countless Reserve and Guard personnel with hidden medical issues for years, requested MEBs when asked to deploy in the beginning of OEF. I had a physician friend who got a full time job at an Army hospital and all she did was review Reserve and Guard records when a troop said something like, "well I can't deploy, I had a quadruple cardiac bypass last year" ... or other such real comments. You need to be ready to go at a moment's notice. What about a troop with PTSD? Wouldn't we just, potentially, add to his/her disorder? Yes, the "brotherhood" is something that is almost impossible to duplicate on the outside, but if you have valid medical issues that are enough to compensate you, you probably need to volunteer with a fire department or a State Guard or at any local level... they'd love to have your talent.
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If you meet the physical and mental requirements to be a soldier, how is it that you are collecting disability?
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Hi PFC Corcoran, the simple response is yes, you can join the Reserves or National Guard. Please note that the VA will recoup disability compensation for the days you drill. Meaning if you receive $868.58, you would take that amount divide by 30(days)...$868x4(representing drill dates [4 MUTAs = 2 drill dates] then divide by 30=) the amount you own the VA for drilling for one month. The VA considers being paid for a Drill Date (MUTA) as double-dipping, note 10 U.S.C. 12316 and 38 U.S.C. 5304(c) prohibit the concurrent receipt of drill pay and Department of Veterans Affairs (VA) disability compensation or pension. There is a VAF=VA Form 21-8951 that you would use to receive/waive drill day in lieu of VA Compensation benefits (or vice versa). I hope this helps.
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Sure you can join the reserves if you receive VA, but the catch is that you are not supposed to receive drill pay and VA pay at the same time. You would have to waive one or the other and if you do get both, VA will recoup from your disability pay. That's only a small thing; the big question is if you meet the standard of medical fitness AR 40-501........ You might want to check it out, to see if the disabilities you have may disqualify you from entering reserve duty.........
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Here is the regulation in which as a prior service applicant you will have to understand. Please pay attention to each section and look for what applies to your disability. This is where you need to start to see if your qualified. Good luck in school and thanks for your service.
Army Regulation 601–210
Personnel Procurement
Regular Army and Reserve Components Enlistment Program
AR 601–210 • 31 August 2016
4–23. Nonwaiverable disqualifying separations or discharges
The following are nonwaiverable separations and/or discharges:
a.Physically disqualified.
b. Military Personnel Security Program.
c. Release from entry on AD by reason of physical disability and reversion to inactive status for the purpose of retirement under 10 USC 12731 through 12738, instead of discharge with entitlement to receive disability retirement pay.
d. Physical disability resulting from intentional misconduct or willful neglect, or incurred during period of unauthorized absence. No entitlement to severance pay.
e. Desertion or dropped from rolls.
f. Permanently retired by reason of physical disability.
g. Retirement after 20 years of active Federal service.
h. Officers removed from active or inactive service by reason of having attained maximum age or service (AR 140–10).
i. Discharged by reason of conscientious objection (AR 600–43).
j. Previous separation for unfitness, unsuitability, unsatisfactory performance, misconduct, or bar to reenlistment, with 18 or more years of active Federal service completed.
k. Applicant for retirement and persons receiving retired, retirement, or retainer pay, except for combat-wounded personnel (see chap 5, sec XIII). This prohibition is not applicable to reservists who are members of the Retired Reserve and who are not receiving retired, retirement, or retainer pay.
l. Person with an other than honorable, bad conduct, or dishonorable discharge.
m. Person with PS last discharged from any component of the U.S. Armed Forces for drug or alcohol abuse, or as rehabilitation failure during last period of service.
n. Person barred from reenlistment by a qualitative management board by HQDA or ARNG and coded RE–4.
Section XII Special Processing for Members Removed from the Temporary Disability Retired List
5–48. General As the result of a periodic physical examination, a former Army enlisted member on the TDRL may be determined physically fit for return to duty. If so, the member may be enlisted in the RA or USAR when his or her name has been 62 properly removed from the TDRL, and if requirements of this section are met. Regardless of RE Code, Soldiers being removed from TDRL will be processed in accordance with paragraph 5–51.
5–49. Enlistment within 90 days of removal from the temporary disability retired list Enlistments within 90 days of removal from the TDRL after being found fit for duty will be made without regard to basic enlistment qualifications for PS persons described in chapter 3 or disqualifications described in chapter 4, except as provided below: a. Waiver is required if applicant is subject to any of the waiverable disqualifications in chapter 4, but this is not applicable if all convictions or adjudications occurred, or pleas were entered, before applicant’s placement on the TDRL.
b. Such persons will be enlisted in the permanent pay grade held on the day before the date their names were placed on the TDRL.
c. Enlistment of such persons will be made without medical examination if— (1) No intervening illness or injury since the examination resulted in removal from the TDRL. (2) The person signs a statement to that effect on DA Form 3283 (Statements of Member Removed from the Temporary Disability Retired List).
d. Persons who have incurred an illness or injury since the examination resulting in their removal from the TDRL must undergo a complete medical examination. They must qualify for enlistment under medical standards given in AR 40–501. A person does not have to meet medical standards for the specific disability that caused his or her name to be placed on the TDRL.
e. Persons will be enlisted for 3 years in the RA. Enlistment must be in the same component from which the Soldier was placed on TDRL. MEPS will complete DD Form 4 and publish enlistment orders. Assignment for MOS qualified applicants, regardless of rank, will be obtained from HRC. Enlistment will be accomplished in the same manner as all other PS enlistments. DD Form 1966 is required and a REQUEST reservation will be made. For those applicants not MOS qualified or who require BCT or AIT (if placed on TDRL before completion), BCT and AIT may be obtained via normal REQUEST reservation. For USAR, assignment to a Selected Reserve unit is required.
5–50. Enlistment beyond 90 days after removal from temporary disability retired list Former enlisted members who do not reenlist in their respective component within 90 days of removal from the TDRL must meet all PS standards and qualifications at time of enlistment.
5–51. Information to applicants a. Applicants will be told that enlistment under this section is not an exemption from retention standards in effect at the time the person applies for reenlistment. Enlistment may be accomplished according to 10 USC 1211a. b. Applicant records will be screened carefully so that— (1) Applicants will be aware of conditions under which their enlistments are made. (2) No undue hardship will be imposed at a later date as a result of their decision to enlist. c. Applicant will be advised that they may request consideration to next higher grade if they were so entitled or eligible while on TDRL.
5–52. Information regarding persons who waive entitlement to disability retirement or severance pay Persons enlisted under this section will be required, before enlistment, to waive present entitlement to disability retirement or severance pay. These persons will not be denied severance or disability retirement compensation when ultimately separated or retired from service. At that time, the disqualifying defect will be reevaluated under physical standards in effect when the defect was first determined and standards in effect at the time of final evaluation. The Soldier will be separated or retired under the standards most advantageous to him or her. The waiver procedures in paragraph 5–47 also applies to persons identified section.
Regards,
Gerald M. O'Rourke (MSG Retired)
Army Regulation 601–210
Personnel Procurement
Regular Army and Reserve Components Enlistment Program
AR 601–210 • 31 August 2016
4–23. Nonwaiverable disqualifying separations or discharges
The following are nonwaiverable separations and/or discharges:
a.Physically disqualified.
b. Military Personnel Security Program.
c. Release from entry on AD by reason of physical disability and reversion to inactive status for the purpose of retirement under 10 USC 12731 through 12738, instead of discharge with entitlement to receive disability retirement pay.
d. Physical disability resulting from intentional misconduct or willful neglect, or incurred during period of unauthorized absence. No entitlement to severance pay.
e. Desertion or dropped from rolls.
f. Permanently retired by reason of physical disability.
g. Retirement after 20 years of active Federal service.
h. Officers removed from active or inactive service by reason of having attained maximum age or service (AR 140–10).
i. Discharged by reason of conscientious objection (AR 600–43).
j. Previous separation for unfitness, unsuitability, unsatisfactory performance, misconduct, or bar to reenlistment, with 18 or more years of active Federal service completed.
k. Applicant for retirement and persons receiving retired, retirement, or retainer pay, except for combat-wounded personnel (see chap 5, sec XIII). This prohibition is not applicable to reservists who are members of the Retired Reserve and who are not receiving retired, retirement, or retainer pay.
l. Person with an other than honorable, bad conduct, or dishonorable discharge.
m. Person with PS last discharged from any component of the U.S. Armed Forces for drug or alcohol abuse, or as rehabilitation failure during last period of service.
n. Person barred from reenlistment by a qualitative management board by HQDA or ARNG and coded RE–4.
Section XII Special Processing for Members Removed from the Temporary Disability Retired List
5–48. General As the result of a periodic physical examination, a former Army enlisted member on the TDRL may be determined physically fit for return to duty. If so, the member may be enlisted in the RA or USAR when his or her name has been 62 properly removed from the TDRL, and if requirements of this section are met. Regardless of RE Code, Soldiers being removed from TDRL will be processed in accordance with paragraph 5–51.
5–49. Enlistment within 90 days of removal from the temporary disability retired list Enlistments within 90 days of removal from the TDRL after being found fit for duty will be made without regard to basic enlistment qualifications for PS persons described in chapter 3 or disqualifications described in chapter 4, except as provided below: a. Waiver is required if applicant is subject to any of the waiverable disqualifications in chapter 4, but this is not applicable if all convictions or adjudications occurred, or pleas were entered, before applicant’s placement on the TDRL.
b. Such persons will be enlisted in the permanent pay grade held on the day before the date their names were placed on the TDRL.
c. Enlistment of such persons will be made without medical examination if— (1) No intervening illness or injury since the examination resulted in removal from the TDRL. (2) The person signs a statement to that effect on DA Form 3283 (Statements of Member Removed from the Temporary Disability Retired List).
d. Persons who have incurred an illness or injury since the examination resulting in their removal from the TDRL must undergo a complete medical examination. They must qualify for enlistment under medical standards given in AR 40–501. A person does not have to meet medical standards for the specific disability that caused his or her name to be placed on the TDRL.
e. Persons will be enlisted for 3 years in the RA. Enlistment must be in the same component from which the Soldier was placed on TDRL. MEPS will complete DD Form 4 and publish enlistment orders. Assignment for MOS qualified applicants, regardless of rank, will be obtained from HRC. Enlistment will be accomplished in the same manner as all other PS enlistments. DD Form 1966 is required and a REQUEST reservation will be made. For those applicants not MOS qualified or who require BCT or AIT (if placed on TDRL before completion), BCT and AIT may be obtained via normal REQUEST reservation. For USAR, assignment to a Selected Reserve unit is required.
5–50. Enlistment beyond 90 days after removal from temporary disability retired list Former enlisted members who do not reenlist in their respective component within 90 days of removal from the TDRL must meet all PS standards and qualifications at time of enlistment.
5–51. Information to applicants a. Applicants will be told that enlistment under this section is not an exemption from retention standards in effect at the time the person applies for reenlistment. Enlistment may be accomplished according to 10 USC 1211a. b. Applicant records will be screened carefully so that— (1) Applicants will be aware of conditions under which their enlistments are made. (2) No undue hardship will be imposed at a later date as a result of their decision to enlist. c. Applicant will be advised that they may request consideration to next higher grade if they were so entitled or eligible while on TDRL.
5–52. Information regarding persons who waive entitlement to disability retirement or severance pay Persons enlisted under this section will be required, before enlistment, to waive present entitlement to disability retirement or severance pay. These persons will not be denied severance or disability retirement compensation when ultimately separated or retired from service. At that time, the disqualifying defect will be reevaluated under physical standards in effect when the defect was first determined and standards in effect at the time of final evaluation. The Soldier will be separated or retired under the standards most advantageous to him or her. The waiver procedures in paragraph 5–47 also applies to persons identified section.
Regards,
Gerald M. O'Rourke (MSG Retired)
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This raises an interesting question. You would need to meet the medical standards of AR 40-501 to come back in, but would they consider you a new recruit (with higher standards) or with prior service would you come under the less stringent standards for retention of existing servicemembers? I know several Reservists that were drawing VA compensation- when they got activated and began drawing active duty pay, their VA compensation had to stop. It takes the VA several months to put the checks on hold so they all had to pay back VA money they continued receiving while on active duty.
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