Can I try and file a VA claim being prior active duty and now reserves or do I have to wait till my reserve contract is done?

2020-10-25T22:15:35-04:00

Prior service Marine, got out for a year and enlisted in the Army reserves. Trying to figure out if I can still file a claim with the VA while still in the Reserves.

Response by SSG Private RallyPoint Member made Oct 25 at 2020 10:16 PM

2020-10-25T22:16:47-04:00

No, you can not receive any form of disability while actively serving

Response by 1SG Private RallyPoint Member made Oct 25 at 2020 10:24 PM

2020-10-25T22:24:22-04:00

Yes you can claim while in the reserves. Go to ebenefits and start the claim process.
This is for when someone else in the future looks at this post: Your claim cannot be decided while on active duty, you can file a claim180 days before your Active Duty discharge date or after your discharge. Once you start the claim you have 1 year to submit all your contentions and evidence.

Response by MSgt Private RallyPoint Member made Oct 25 at 2020 10:36 PM

2020-10-25T22:36:04-04:00

If you were active duty and now in the reserves you can receive a disability pension and remain in the reserves. Depending on the rating and the amount you receive you probably will be just drilling for points.

SSG Steven Borders Maybe you can give better advice on this one.

Response by PO3 Patricia Miner made Oct 25 at 2020 11:07 PM

2020-10-25T23:07:31-04:00

Yes you can. Contact your local VSO to help you file.

Response by MAJ Javier Rivera made Oct 26 at 2020 12:20 AM

2020-10-26T00:20:46-04:00

Don’t wait, go ahead and file your claim. If I may, get with a VSO to help you with your claim!

Response by Sgt J W made Oct 26 at 2020 2:47 AM

2020-10-26T02:47:48-04:00

Long Post Alert.

SPC Onel Cruz, I hope that my response can assist you as I know someone who has been through this process as well. In addition it is good that you are going to file a claim because truth be told many of us vets do not understand the process or haven't even filed one yet. Even doing government contracting I run into so many prior service members who have been out for years are in inactive-reserves, and have not filed a claim and some even have been out of the military for several years. It's never too late to file your claim, just file it!!

The answer is YES, you can put in a VA claim while you are still in the reserves. You can also collect VA benefits while you are in the reserves but this is where it gets just a little bit tricky. Depending on what you get on your overall decision, and what you are claiming, you can still serve, in the reserves. Active no. Reserves yet, but I will say firstly is to make sure you do not ever want to go active duty again. If you do not and want to do reserves only, then go ahead and file. Why do I say this? Because if you ever plan to go active again later down the road, and you get a disability that could possibly DQ you in MEPS, your going to screw yourself over and become ineligible. Scary? Not really, it just depends on what you want to do. If reserves is your thing and your not going to go any further than that, then go ahead and file your claim. Again depending on your total %, you will have the option to either collect the VA disability or your reserves pay. Obviously your Va payment should be more than your reserves pay. So essentially you will be working for "free" your just going to show up for drill but never make money from the reserves rather your taking the payment from your disability. What this allows you to do is build your retirement years, so when you hit the mark you can retire and collect both. Another thing to keep in mind is, I believe that you need 60% or higher in order to collect both; retirement and VA disability otherwise, you will only collect your retirement and not your VA. I think its 60% or 70% one of those. Now this could have changed, but I do know personally a vet that retired after 20 years of service, active duty, and had 40% disability and he didn't get the VA payments until he got over 60% or 70%. This information could have changed since then, but that is what I know 100% as of 2017, but again, this could have changed. Your best bet is to call the VA but be prepared you might be on hold for several hours. So when you do call the VA dont expect to get fast help.

I would talk to your unit as well and find out if you did claim it, what % would allow you to continue your reserve time, so they don't kick you out.

Now, while you are in the reserves start building your medical packet while you can! You can still claim disabilities in your VA that are not in your medical record, but it makes it easier to the VA if you have that information in your medical record from the military. Also with the Va you can see any private practitioner you choose, it doesn't have to be the VA's people.

When you initiate a claim - by going to ebenefits then going to compensation, then claim disability, you have 1 year to fully submit your claim. My suggestion if you have not done so already is to, go ahead and log into ebenefits and open a claim. You don't have to submit it, just open it. But remember you have 1 year from the date your opened it, for example 26 OCT 2020, then you have until 26 OCT 2021 to submit your claim. Now the biggest thing to keep in mind, say you open it on 26 OCT 2020, that is the date the VA will start to "pay" you. So lets say next year you submit your claim, all the information, and it takes the VA until for example NOV 1, 2021 to decide what % they are going to give you. Lets say they give you 100% disability, which is like $3,200 or something like that, no dependents for example (more if you have dependents I think $3,400-$3,500), then they are going to BACK PAY you (which they call RETRO PAY), from 26 OCT 2020. So $3,200 x 14 months ( Oct 2020 - Nov 2021) you'll get a lump sum of $44,800 and then every 1st of the month, each month, you will get a direct deposit of $3,200. And let me tell you. It comes in on the 1st, every month and doesn't miss a beat. That's why I say at least open your claim, but just make sure when you open it, you think you will have it submitted within that year, otherwise you have to start over. Now keep in mind the VA doesn't always take that long to decide a claim i just used it as an example. You could get a decision a lot sooner, maybe even after a few months of fully submitting your claim, but the longer they take, the better your lump sum payment will be, so it benefits you if they take longer. Also, you will be able to ask the VA to expedite your claim if you have submitted all the proof you ever have and have nothing else to give the VA. They will decide on your decision faster.

Lastly, when submitting your claim. Lets say when they decide on your %, you get some things that say not service connected. Which is common. Sometimes. No worries, you have 1 year to appeal that decision but you have to show additional proof and get it linked to your time in service. For example, back pain, think about how many ruck marches you've had to do, or range runs, or maybe what you might have did while in the reserves or even in basic. Link everything to the military.

Good luck!

Response by Wayne Soares made Oct 26 at 2020 8:32 AM

2020-10-26T08:32:25-04:00

Thanks for the question Onel

Response by 1SG Albert Archuleta made Oct 26 at 2020 11:18 AM

2020-10-26T11:18:03-04:00

You can do so now, no need to wait

Response by SFC Charles Dennis made Oct 26 at 2020 2:00 PM

2020-10-26T14:00:33-04:00

You should be able to.. I know a few people that have, however, contact a local veteran service officer to find out for sure.

Response by SPC Lisa Klenk made Oct 26 at 2020 3:16 PM

2020-10-26T15:16:45-04:00

You can file while still in the Reserves. I would encourage you to go to your local CVSO in the county you live in.

Response by SPC Lisa Klenk made Oct 26 at 2020 3:24 PM

2020-10-26T15:24:04-04:00

Definitely! Contact your local CVSO. Here is a link to all the cvso's in Minnesota. https://www.macvso.org/

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Response by CW3 Kevin Storm made Oct 26 at 2020 5:35 PM

2020-10-26T17:35:37-04:00

File your claim, keep in mind if you get rated with compensation, and are still a drilling reservist, you will have to pay that money back. The medical care is unaffected, but the monetary award will come to you, then the VA will send you a letter saying you owe.

Response by SFC Private RallyPoint Member made Oct 26 at 2020 7:31 PM

2020-10-26T19:31:40-04:00

Yes you can file a VA Claim while serving in the Reserves. I received 60% disability while serving in the National Guard.