Posted on Jun 15, 2015
MSG Morgan Fiszel, CPCM, CFCM
9
9
0
I know someone that may deploy soon. They have a VA disability percentage of 70%. Will the Army let them deploy? Do you know anyone that has been in a similar situation that was allowed to deploy? Their position / branch / MOS is administrative.
Avatar feed
Responses: 13
Votes
  • Newest
  • Oldest
  • Votes
CAPT Kevin B.
7
7
0
Fitness for duty is different from disability. Stuff that's managed like sleep apnea, migraines, high blood pressure, etc. usually isn't a problem. Those are a 50/30/30? typically on the VA scale.

Funny thing about VA disability. I get more credit for stuff that doesn't hurt me every day. 10% for a rebuilt knee that I worked like hell to get range of motion back on but can't sit on the ground for more than 5 minutes. I feel my overall is about right. Just the pieces are backwards.
(7)
Comment
(0)
Avatar small
SSG Human Resources Specialist
6
6
0
Edited 10 y ago
Yes you can deploy with a VA percentage. The Army's disability rating/medical process and VA rating have nothing to do with each other as they are based on different formulas. It all comes down to medical condition and severity. The individual must be found medical non-deployable at SRPand/or MOB station anyways. The other thing is has this Soldier undergone a MAR2/PEB/MEB and/or have they and been found as "fit and retained" IAW AR 40-501

Now the thing they do is inform VA that they are going active duty, provide order etc. otherwise they come up on a mismatch report.

If the veteran is the individual identified by the match as having returned to active duty, VA will send a notice of proposed adverse action to the veteran informing him/her that he/she has been identified by DOD as being on active duty as the result of a matching program concurrent payments are not permitted, and if a response clarifying the discrepancy is not received within 60 days, action may be taken retroactively to discontinue benefits based on the information furnished by the service department, resulting in the creation of an overpayment which the veteran may have to repay. (will have to submit VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances or a VA Form 21-8951-2. This form is essentially a blank version of Form 21-8951. It will not have the number of training days listed and you will need to self-report the number of days for which you received pay...big hint talk to someone at the VA regional office or have this Soldier talk to a VA Rep that they have designated via power of attorney)

Note: If after 65 days no response is received, the award is discontinued as of the date shown on the listing that the veteran returned to active duty.

The same for drill pay in the National Guard, they can receive compensation if they waive drill pay.

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.

Veterans who perform active or inactive duty training must choose the benefit they prefer and waive the other. Most Veterans choose to receive drill pay instead of disability compensation or pension because drill pay is typically the greater benefit. These Veterans must waive their VA benefits for the same number of days they received drill pay.

This is the law, and they cannot claim ignorance. They were informed by the VA when they received their VA Disability Rating Decision, found on VA Form 21-8764 – Disability Compensation Award Attachment. This form states their payments may be affected by receipt of active duty or drill pay as a Reservist or member of the Federally recognized National Guard.
(6)
Comment
(0)
CPT Pedro Meza
CPT Pedro Meza
10 y
SSG (Servicemember), you are 100% correct.
(1)
Reply
(0)
SPC Medical Specialist
SPC (Join to see)
>1 y
You would think a disability rating would have flagged the service member's file and they would no longer be eligible for deployments. In my day you couldn't even be taking aspirin or they would disqualify you from joining. Anyone on medication for the long term was discharged.
(0)
Reply
(0)
SSG Glenda Scott
SSG Glenda Scott
7 y
Often times, the things that you receive disability payment for does not hinder the work you perform during deployment.
(0)
Reply
(0)
Avatar small
CPT Bob Moore
6
6
0
I deployed with a service connected condition, but I was only rated at 10% at the time.

The Army didn't even look at the percentage. We did predeployment physicals and the only thing they asked when I told them about it was whether I could do my job. It all really depends on the conditions that make up that 70% rating. For example, do they have neck and back issues that preclude them from wearing a helmet, body armor, etc.? Do they have a condition that precludes them from carrying a weapon? While I have never heard of someone deploying with a rating that high, I wouldn't say it is impossible.

If they do deploy, they need to let the VA know they are going on active duty and provide the VA with orders so they can stop their compensation payments. I do know that they cannot receive military pay and compensation payments at the same time.
(6)
Comment
(0)
MSG Morgan Fiszel, CPCM, CFCM
MSG Morgan Fiszel, CPCM, CFCM
10 y
they can't receive both pay types at same time, correct. Your percentage populates on your PHA paperwork now, so the Army will become aware if they aren't already. Great response CPT Bob Moore.
(0)
Reply
(0)
SPC Medical Specialist
SPC (Join to see)
>1 y
How can you get VA disability and active duty pay at the same time? If a person is fit for duty then perhaps they shouldn't be receiving disability at all.
(0)
Reply
(0)
SSG Glenda Scott
SSG Glenda Scott
7 y
You don't get both. At the end of each fiscal year, the VA withholds your compensation pay for the number of days you were on duty. For example, if you were on duty 75 days last year, beginning 1 OCT, the VA will stop your VA payment for 75 days, or 2.5 months. or you can request they spread it out over the whole year.
(0)
Reply
(0)
Avatar small
Avatar feed
Deploying with a VA disability percentage?
CPT Pedro Meza
3
3
0
I was in a similar situation in 2011, VA simply told me that I can only receive one check from the US government so think twice, the ARMY doctor on the other hand told me that I was a liability to any mission therefor grow up and get a hobby he then made my profile permanent and send me to the Med Board. The VA also informed me should I deploy expect for the injuries to get worse and so I need to report back for follow ups.
(3)
Comment
(0)
Avatar small
SPC Jan Allbright, M.Sc., R.S.
2
2
0
OK .. you stumped me .. how can you have a VA disability AND be in the Army at the same time?
(2)
Comment
(0)
MSG Morgan Fiszel, CPCM, CFCM
MSG Morgan Fiszel, CPCM, CFCM
10 y
Guard and reserve. It is common. I know many people in the Guard and reserves that have a percentage and receive compensation for it every month.
(1)
Reply
(0)
CPT Bob Moore
CPT Bob Moore
10 y
There are quite a few people that are in the reserves with a service connected condition. I was in both the NG and the reserves after getting off of active duty. I had one condition service connected and was rated at the minimum compensable rating because of pain with movement. It didn't disqualify me from service. There are some amputees that have served. It all depends on whether you can still perform the necessary functions for the job. Even when I was on active duty, there were quite a few people with permanent profiles that would easily translate into a compensable service connected condition when they left the service.
(2)
Reply
(0)
SSgt Geospatial Intelligence
SSgt (Join to see)
10 y
I am currently trying to get into the Air Guard w/ a 10%. I was told by the general staff at HQ that up to 30% is typically no issue to get you in. Anything above that requires more, or different waivers
(1)
Reply
(0)
Avatar small
SGM Bill Frazer
1
1
0
It is possible, much depends on what the % is based on- and does it interfere with their duties. If the Army still has them on the roles it is a good possibility.
(1)
Comment
(0)
Avatar small
LTC Paul Labrador
1
1
0
First off, how does someone still in uniform have a VA disability rating...?
(1)
Comment
(0)
SFC William Adamek
SFC William Adamek
9 y
I have counseled many reserve and national guard members who have VA disabilities. More often than not it comes down to two questions (if, and only if, the disability does not hinder the ability to deploy):
1. Economics (monetarily is it worth it)
a. They reduce the amount of the drill pay by the amount of the VA disability if it is a low percentage. So basically they are drilling for pennies.
b. If the VA disability pay is higher they can choose to waiver the VA disability which means that they are drilling for no pay.
2. Patriotism.
(0)
Reply
(0)
SPC Lance Loyer
SPC Lance Loyer
8 y
Sir I would say the same way those who have a permanent profile do. Many reservists and national Guard members have service connected disabilities following mobilization for active duty. I don't necessarily think that it's a limiting factor if the disability doesn't affect the ability to do the service members jof.
(0)
Reply
(0)
Avatar small
SFC Jeffrey Couch
1
1
0
I can tell you my personal experience is they never gave me the chance to heal I was going back as a newly promoted 1SG I took a injury to my back I worked my ass of passed all the APFT but they still med boarded me out after 24 years of faithful service it left a pretty bad fast in my mouth
(1)
Comment
(0)
SPC Medical Specialist
SPC (Join to see)
>1 y
At least you made it past retirement. I was med boarded out because of a doctor's bad decision putting me on a profile that was unnecessary. I tried to get it overturned but that was a no-go.
(0)
Reply
(0)
Avatar small
SSgt Geospatial Intelligence
1
1
0
I am currently in process of getting back in. If I am able to get back in, the end goal is to be attached with a Phoenix Raven flight out of St Joseph, MO. This would mean that I would "deploy" all the time w/ my 10% rating.

I'm sure it has everything to do with what the rating is for - what they are suffering from, manageability, etc. I'm sure it also helps that their MOS is "non-combat related", therefore reducing the risk of further damage due to battlefield conditions.
(1)
Comment
(0)
Avatar small
CPO Section Leader
0
0
0
I just got rated 50%, now in the reserves. But my PHA paperwork wants me to list rating and reasons. Can I still be in reserves with 50%? I'm afraid it will throw red flags for discharge.
(0)
Comment
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.