Posted on Nov 7, 2018
PO3 Gunner's Mate
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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 A few months ago I contacted the VA and rescinded my benefits and paid back the VA.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!
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SSgt Engineering
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So much just depends on specific words used by the doctors. I work for the VA in disability and I have seen a few cases where people request to have their benefits reduced. One instance involved a person trying to join the police dept with a 70% PTSD rating. It wasn’t successful and getting their rating reestablished was fairly difficult.

When dealing with mental health issues, which sleep disturbances outside of sleep apnea are, it becomes tricky. You will still have a diagnosed history of sleep issues so this will all be on the service and their discretion.

Some conditions are easier to waive than others. It really all comes down to wording in your medical documentation and the mood of those reviewing your package. I would strongly advise anyone trying to reduce their benefits to request a non-compensatable rating for the disability in question which would reduce the percentage to 0%. This is essentially the Va acknowledging there was a problem and if it does bother you later on in life you can just request it to be increased. If you get it severed, it can create other issues for you and if you do find yourself without the option of going back into the service, you will have a tough time ever getting that rating reinstated.

Good luck to you.
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SSgt Engineering
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If after reading that it makes sense and you want your rating taken down to zero percent, all you have to do is request an “increase” on your sleep issues via ebenefits. I know it doesn’t make sense to request an increase, but requesting an increase allows for your rating to be reduced. You can have your current doctor fill out the associated DBQ stating everything has resolved or you can also let the VA schedule you an examination. You should have a zero percent rating in about 30-45 days. The examination you will want to use is DBQ Psych Mental Disorders (other than PTSD)

https://www.benefits.va.gov/COMPENSATION/dbq_ListByDBQFormName.asp
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PO3 Gunner's Mate
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Wow thank you so much! How long does it usually take to actually have my appointment?
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SSgt Engineering
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PO3 (Join to see) - that makes sense. I think you will have pretty good luck with it all. A 30% rating for sleep disturbances is pretty low honestly. If I can help you in any way, let me know. Feel free to private message.
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SSgt Engineering
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Sorry, this thing isn’t updating well on my phone.

The examinations are highly dependent on your local VA medical center. In many cases, exams are done through a contractor. Range can be anywhere from 7-30 days for an exam. Fastest route is almost always trying to get your doctor to fill it out and submitting it with your claim.

You can always file the claim tonight and request an appointment with your doctor as well. See who can get you in faster. Regardless, shouldn’t take longer than a month to get you in for an exam.

There are also some private doctors who aren’t thrilled about filling out DBQ exams. If your doctor is one of them, you will have to utilize the VA process.
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1SG Retired
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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.
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1SG Retired
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PO3 (Join to see) look at this in months to year, IF, you can get it resolved at VBA and VHA.
Since it will more likely than not remain at least a 0% rating, the Army may be unwilling to accept the risk.
By the way, did you ETS, or were you separated under a medical chapter, and if so, after how long?
If you were separated under a medical chapter, the bar just raised.
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PO3 Gunner's Mate
PO3 (Join to see)
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No I ets. RE1 honorable 1SG (Join to see)
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PO3 Gunner's Mate
PO3 (Join to see)
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Do you believe if I were able to get it to 0% they would be willing to take me? 1SG (Join to see)
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1SG Retired
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PO3 (Join to see) Depends on needs of the Army and time lapsed.
Also may mess yourself out of that 30% and not get back in.
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COL Commander
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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.
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PO3 Gunner's Mate
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Thank you sir!
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