Can I rejoin after I have my disability rating removed?

PO3 Private RallyPoint Member — Wed, 07 Nov 2018 17:44:16 -0500

LOOOOOOONG story short, I have been fighting with MEPS, the Army, and the VA for months now. I tried to process through the Army with my current disability rating and MEPS and the Army kept requesting my compensation file from the VA and the doctors notes when I was diagnosed with my disability. However the VA kept claiming and even sent me a letter that they dont have the C file. Months and months after they claimed to not have my requested documents I received them finally in the mail. But the issue was that I already processed with the Army and had a waiver go up to G1 and was eventually denied. The doctor at USAREC before it was sent to G1 kept asking if we had the c file and we did not at the time. I was told my the recruiters that I could fight the waiver denial because I now have new documentation.

Ok now about my disability. When I got out of the USN I received a 30% rating for sleeping issues I was having due to a toxic relationship, work stress, and the ever stressful transition out of the military. It was described as Adjustment Disorder claimed as sleep disturbances. The doctors notes say it isnt permanent and I am no threat to anyone including my self. I was honorably discharged with RE-1 code and have had no issues since I eventually ended the bad relationship and eventually got adjusted to civilian life and college. A few months ago I contacted the VA and rescinded my benefits and paid back the VA. However the difficult part is I still have a 30% disability rating and now am fighting to be re examined and have that taken down.

I guess my question is do I stand a chance at getting back in? My waiver was denied initially because I was still diagnosed with this issue and didnt have any documentation to prove to the Army why I was diagnosed in the first place. I now have a degree and all I want to do is continue my service to my country. I am interested in all branches but the Army OCS program is my first pick. Do I even stand a chance with other branches? Am I wasting my time? Can someone help please!

Response by 1SG Private RallyPoint Member made Nov 7 at 2018 7:26 PM

1SG Private RallyPoint Member — Wed, 07 Nov 2018 19:26:12 -0500

Review DODI 6130.03, it addresses the time periods required to wait after a condition no longer exists.
You can request a reevaluation from the VA, but most folks who do that are requesting an increase, so it may be best to request an increase and refer to CFR 38, Part 4 for the symptoms you would exhibit at 0%. First, you are going to have to fix it with VBA and VHA.
Since the condition has been service connected the VBA (Veterans Benefits Administration-the comp, pension, education, agency of VA) side will likely still show service connection for the condition. You may be able to download some of your C-file documents from eBenefits. Note that any reevaluation generated will most likely be completed by a contractor, so will likely not be in your medical records.
VHA (Veterans Health Administration-the healthcare agency of VA) may show a current diagnosis of not having the condition, which should be in your medical records that you can download using MyHealtheVet (Blue Button). Recommend you check your VHA health records to see what diagnosis they have documented.
Don't expect the two Administrations to coordinate.
So, with VHA and VBA contractor medical evaluations matching, and the required period of time of not having received treatment, and not having a current diagnosis that meet the DODI 6130.03 requirements for a waiver (or maybe not even requiring a waiver at that point).
If you received compensation for this condition over the number of years it took you to complete your degree, you should expect that a reasonable person reviewing this for a waiver will likely question whether the condition is truly "resolved," or if you are only claiming so for self interest. I say that so you can manage your expectations.

Response by SGT Mark Estes made Nov 7 at 2018 7:53 PM

SGT Mark Estes — Wed, 07 Nov 2018 19:53:20 -0500

Best of luck to you brother!

Response by COL Private RallyPoint Member made Nov 7 at 2018 10:14 PM

COL Private RallyPoint Member — Wed, 07 Nov 2018 22:14:51 -0500

Mental health issues are hard to overcome. DODI 6130.03 (March 30, 2018) is the Bible for accession. Army Regulation 40-501 (14 June 2017) can provide medical readiness info to.

I know a guy who is in the USAR, 100% VA disability and headed to a deployment. None of his VA conditions are mental health. And I don’t know if that makes a difference but the Army is ok with deploying him so anything is possible. Keep trying if you really want to get in.