Can I somehow Re-enlist with a 90% disability rating if none of my disabilities hinder my ability to deploy or train in any way?

SGT Joshuah Parker — Fri, 05 Jan 2024 15:55:35 -0500

My ETS from the army was about a year and a half ago, I received a 90% disability rating for various issues: most notably my herniated discs. None of my "disabilities" hinder my ability to deploy or train in any way. I have spoken to an active-duty recruiter as well as a National Guard recruiter about enlisting again, and they both gave different answers. The active-duty recruiter told me that I was completely disqualified due to some of my medical issues (he didn't specify which ones) and the national guard recruiter told me that I would have to do a medical waiver which would take away my disability and even then, I still would not be guaranteed a chance to reenlist and if I were to go through with it and I was declined an opportunity to enlist then I would have to fight to get my disability rating back through the VA, neither recruiter seemed like they knew much on the topic and they both gave me separate answers so I'm skeptical. I realize that in many ways the national guard and active duty are very different so they could be correct but judging on my past experiences with recruiters I think it's better to check for myself. It just doesn't make sense to me that the army would not let me re-enlist after separation due to a medial issue that they knew about while I was in and were more than willing to let me stay in with before I separated. I'm determined to find a way back in and if anyone at all has any information or suggestions on how I can make that happen it would be greatly appreciated.

Response by SGM Bill Frazer made Jan 5 at 2024 7:02 PM

SGM Bill Frazer — Fri, 05 Jan 2024 19:02:05 -0500

Look with that Rating, the Aervice will probably not touch you- almost every MOS has some component of field duty associated with it. Bad back- eliminates setting up tentiage, digging in, moving equipment, etc. Enlisting must meet the requirements of the service- ASVAB and other tests determine the MOS.

Response by SSgt Christophe Murphy made Jan 5 at 2024 7:14 PM

SSgt Christophe Murphy — Fri, 05 Jan 2024 19:14:12 -0500

90% but it doesn’t effect your deployability?

On the surface I have to be honest on how odd that sounds.

The AD response was expected because the medical readiness expectation for AD is higher. The Guard recruiter is being outwardly optimistic but it’s not for him to decide. He left it up to the board.

Feel free to apply but I think you may be better served looking at some other way to serve. Plenty of ways to get out there and serve other than the military

Response by 1SG Russell S. made Jan 5 at 2024 7:21 PM

1SG Russell S. — Fri, 05 Jan 2024 19:21:29 -0500

To get in you must complete an Army Chapter 2 Initial procurement physical from MEPS. I don’t see it happening once you honestly answer the questions of DDform 2807 questions 26 & 27 at the very least.
Your biggest hurdle is you are drawing 90% disabled; how has that changed? How have your conditions changed….not what you think you can do, but what has changed since a medical diagnosis was made; not your self pride. In other words, how have you healed to the point of being fit for duty when you were discharged for not being fit for duty.

Response by COL Randall C. made Jan 5 at 2024 7:36 PM

COL Randall C. — Fri, 05 Jan 2024 19:36:12 -0500

The standards of medical fitness are the same on active duty or in the reserve component - you either meet them or you don't. If you don't meet one of the standards, then it may or may not be waiverable, depending on what it is. So, there should be no difference about your eligibility from either recruiter.

Keep in mind though that the standards of medical fitness for enlisting (or reenlisting) are more stringent than the standards of medical fitness for retention. You may have a condition that won't allow you to enlist, but if you are currently serving, wouldn't disqualify you from further service. So yes, it makes perfect sense that they wouldn't allow you in with a condition that you had before you were discharged. IF you had reenlisted within 12 months of discharge, then the enlistment standards wouldn't have applied. After 12 months, you have to meet the same medical standards as a fresh recruit.

As to a medical waiver taking away your disability - No, it won't (well, not automatically). You cannot collect VA disability at the same time as collecting a military paycheck. If you go back onto active duty, then any disability payment you have will be suspended for the duration of your active duty service. If you join the reserve component, then you won't receive a disability payment during drills, annual training, schools, etc., but you will still receive it while your not performing military duty.

Back to it being taken away. You were given a disability rating by the VA for the impact your disabling items from your military service would have on your future. If you reenlist and receive a waiver to enlist despite the disability, it doesn't make the disability go away. If on the other hand, you receive a waiver because the disability is not as limiting as the medical records state - Yes, that could affect your future VA rating.

I said "not automatically" because it's not like the Army will send a notice to the VA stating that your herniated discs aren't as limiting as your records indicate. However, when you are initially given a VA rating, buried in the packet you received should be an overview of when the VA will reevaluate your disability rating. Generally, the VA will do a reevaluation of your disabilities in the first two to five years after your initial rating - UNLESS you were granted a "permanent" rating on a disability. The reevaluation can be a records review or they may schedule your for a follow-up C&P exam if, based on your disability, there is a likelihood that it would improve over time.

This is where the "disconnect" could come in with the VA. Your records are going to be known to the VA (they'll pull the most current records when they do a reevaluation). If that 90% rating was because your herniated disc was so severe that it had a major impact, frequently had a moderate impact, etc., then the examiner would rightly question how you were able to reenlist with such a condition.

Bottom line - a disability rating from the VA, regardless of what it is (with one exception - if you were granted an Individual Unemployability rating), will not by itself prevent you from reenlisting - it is entirely dependant on the standards of medical fitness.

However, looking at the standards of medical fitness (DODI 6130.03), a "History of lumbar disc pathology, including, but not limited to, bulges, herniations, protrusions, and extrusions associated with symptoms, treatment, or limitations of activities of daily living or a physically active lifestyle, in the previous 24 months or any history of recurrent symptoms" (section 6.16h) is a disqualifying condition for which you would require a medical waiver.
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* DODI 6130.03 Volume I - Medical Standards for Military Service: Appointment, Enlistment, or Induction - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/613003_vol1.PDF
* AR 40-51 (Standards of Medical Fitness) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN37720-AR_40-501-002-WEB-4.pdf

613003_vol1.PDF

Response by MSG Private RallyPoint Member made Jan 5 at 2024 8:48 PM

MSG Private RallyPoint Member — Fri, 05 Jan 2024 20:48:59 -0500

I've personally known folks that had 90+% rating. They received Point but never pay based on their rating. Which caused headaches for the Commands because they were considered Non-Participants which is a Red hit for unit metrics. If they did receive pay, then their ratings stopped but still accrued a debt (still not sure how that happened). From viewing from both sides, it's too big a hassle. Amd when you mix all this with the Medical standards that would cause you to request a waiver, MEPS and USAREC would more than likely deny it. In all honesty, your odds are not good.

Response by MSgt Private RallyPoint Member made Jan 5 at 2024 9:07 PM

MSgt Private RallyPoint Member — Fri, 05 Jan 2024 21:07:35 -0500

Good luck!

Response by SSG Roger Ayscue made Jan 6 at 2024 12:56 AM

SSG Roger Ayscue — Sat, 06 Jan 2024 00:56:46 -0500

I get it, brother. I left the service with both a full retirement and VA disability from a spinal injury from jumping.
Son, let me ask you to do one thing: honestly, as a soldier that fought a Med-Board to stay in, knowing I would never get promoted again just because I was a Soldier, let me ask you one very crucial question.
IF you were deployed, as your fitness level is right now, is there a possibility that you could be in the heat of a battle, the condition that you have now, which the VA has rated at 90% (meaning 90% non-mission capable), could this condition possibly flair up, re-occur, or manifest itself to the point that a young Soldier (Who would respect you because you have walked the road and earned the right to talk the talk,) would have to risk his life to pull you out of the line of fire Sergeant, leaving a squad or platoon without a leader, and that private who looks up to YOU more than he looks to his own father, risk his life to save you?
And can you, knowing that you have a rated disability, stand in front of a group of Soldiers, and honestly lead from the front, willing to die for them, but unwilling to contribute to the circumstance to cause them not cmong home, in a good conscience, do this?
Brother I am not trying to be harsh I get it, YOU my friend are a SOLDIER. You want to continue to serve... But are you able to? Only you can answer this.

Response by 1LT Private RallyPoint Member made Jan 6 at 2024 5:29 PM

1LT Private RallyPoint Member — Sat, 06 Jan 2024 17:29:01 -0500

I too have a 90% disability rating. I also got around a 510 on my unit's ACFT back in November. Everything COL Cudworth mentioned is how I've experienced it. My back injuries, according to one doctor, have always been just shy of a herniated disc. So, I've been able to train through things and conduct pain management. I forefeit a little VA money every year, but it all balances out and still keeps me in the green overall. You however, are worse off than me and the situation does change for your case. It's worth pursuing either way. We all have things that make training more difficult, especially as we get older, we just have to manage them effectively.

Response by SSG Private RallyPoint Member made Jan 20 at 2024 3:46 AM

SSG Private RallyPoint Member — Sat, 20 Jan 2024 03:46:38 -0500

As a current recruiter I would recommend going National Guard or Reserve. We have one guy who is 100 percent disable in the Reserve. The process could take up to one year to a answer…