Weighing going into Reserves, don't want to lose VA disability though. Advice?

2023-01-27T22:59:32-05:00

I did just over 10 years active duty and timed my transition out to start terminal leave pretty much right as the covid vaccine was mandated. Left and went to Florida for a year of self employment before getting into federal Civil service now that the health stuff has died down. With the covid vaxx mandate being rescinded, I am interested in the Reserves to be able to retain the rank, keep serving in some capacity, and set myself up for the future, but I have a 60% VA rating, with PTSD being part of that. (Name isn't real, so no worries about private info). I know that if I get drill pay and elect to keep that, I would just forego the pro-RATED VA amount for those two days, but how is it currently entering the Reserves with that sort of condition and rating? I like my va money and don't want to lose it by saying everything is perfectly fine just to get approved to go back in. Is the recruiting environment bad enough that I'll be welcomed back easily?

Response by LTC Private RallyPoint Member made Jan 27 at 2023 11:02 PM

2023-01-27T23:02:56-05:00

I did nothing at 10% disability rating and I was still Drilling and going through annual training and they just withhold the prorated amount. I don't think you will lose that much. If you do not think, it'll take a couple years for them to figure it out.

Response by 1LT Private RallyPoint Member made Jan 27 at 2023 11:09 PM

2023-01-27T23:09:34-05:00

I have done about 15 years, half of that active, the other reserves. I too have a 60% rating. I forfeited some money every year but it was still worth it. I am heading into the reserves now, this time as an 02E and plan to do the same thing, but I still have to work the math.

Getting that sweet, sweet Tricare is worth it. Contributing to the TSP is great too. Having that option in your pocket to get work when you need it can be a lifesaver as well (funeral details, odd jobs around the unit, etc.). Lastly, continuing to serve is an absolute privilege. Through all the suck, it brings me joy and pride.

So, I would say despite the potential challenges, go for it sir. I never had a problem handling my disabilities, just had to take care of myself.

Response by SGM Mikel Dawson made Jan 28 at 2023 12:56 AM

2023-01-28T00:56:45-05:00

The thing at the end of qualifying years of service is great, that is called Retirement Pay. This is the goal, keep your eye on the prize. You are half way there, finish it. You can work now. Oh, but the way 02E is good, that was the MOS I started when I signed up.

Response by COL Randall C. made Jan 28 at 2023 5:55 AM

2023-01-28T05:55:56-05:00

1LT Private RallyPoint Member - "you cannot lose your disability rating" is not entirely correct. The VA can, and does, periodically review claims*. What you described is what is considered a "protected rating" from the "20 year rule" or the "55-year-old rule".

10-year rule: A rating that has been consistent for 10 years or more cannot be eliminated (or severed, as the VA refers to it) unless there is proof of fraud, but a rating can be reduced if the condition has improved.

20-year rule: A rating that has been in place for 20 years or more at a certain level cannot be reduced below that level or eliminated unless there is evidence of fraud.

55-year-old rule: Veterans who receive VA disability benefits for service-connected conditions are exempt from periodic future examinations once they turn 55 years old (with exceptions for 'unusual circumstances' such as 100% rating for an active cancer)

The VA generally goes by a "5 year rule" when looking at initial claims. If the condition you were given a rating for is expected to show marked improvement over time, then they'll likely reevaluated it (e.g., long term rehabilitation on an injury, etc.). If they condition is deemed 'static' or permanent, then they will likely never look at it again.

Other than that, think of it like a IRS Audit ... occasionally the VA will review a claim and ask for more information (just like an IRS paper audit), or if there is something indicating a marked change, a full reevaluation (there are different steps in-between as well).

Of course, if there is any indication of fraud (i.e., the disability you have a rating for doesn't exist anymore), all bets are off and none of the 'rules' apply.

CPT Fleece Johnson - to your situation, I would absolutely encourage you to go back into a drilling status with the reserve component to 'finish out your 20'. Even if you never go onto active duty again, you'll get something in the vicinity of a 12%-13% retirement when you turn 60 (~3650 points now with another ~780 over the next 10 RC years). It's not unreasonable to believe you'd make O5, so that would be about $17k or so a year (in today's terms).

Add onto that the eligibility for TRS while in a drilling status (which you would be hard pressed to find a better health INSURANCE than that on a civilian plan).

Now, the only thing to forewarn you about - your VA disability rating doesn't matter - it's all depends on your ability to meet the standards of medical fitness (AR 40-501). If any of your disabilities conflict with any of those standards, you might have some 'splain to do (for example, if you had a rating for sinusitis, limited range of motion in a joint, etc).
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* CFR 38 § 3.327 (VA Reexaminations) - Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect.

Response by 1SG Frank Peck made Feb 27 at 2023 8:43 AM

2023-02-27T08:43:08-05:00

I did a total of 35 yrs. and 2 days. Retired 1SG. I was a Marine that came in prior service when I enlisted in the Army National Guard in 1985. I got my first VA disability after my first tour in IRAQ at 20%. I got up to 30% before my second tour to Kuwait. When I got back, I bumped up to 50%. I deployed again to Afghanistan, came back filed for an increase. I was receiving 60% when I came back, because I filed for another increase. Long story short, I kept receiving my disability the whole time. What happens is every year the VA will audit you, and then you will go four to six months until it washes out, and then your VA will kick back in. They will send you a letter explaining this. You can be 100% VA, as long as you can drive truck, (or whatever you job is), pass HT and WT, and do alternate PT test they won't kick you out.

Response by SMSgt Bob Wilson made Feb 27 at 2023 4:21 PM

2023-02-27T16:21:31-05:00

Enjoy you tax free benefit and forget about the Reserves. Concentrate on your self employment career and make it profitable. Depending on your state of residency, you have a lot more benefits by being a Disabled VA.

Response by SSG Robert Vernon made Feb 27 at 2023 4:27 PM

2023-02-27T16:27:52-05:00

My suggestion is what the VA will probably respond with " If you are able to serve in the Reserves, then you more enlikely don't need the VA disability" I mean personally if I had to make a decision as such I would not being risking the VA disability if my disability will restrict me from serving in the Reserves at 100%.

Response by SGT Shawn McCrea made Mar 2 at 2023 2:26 PM

2023-03-02T14:26:49-05:00

I was in The Guard here in Arizona, the Va told me to either get out or give up my Va payment. I was on ADSW during the Border mission here. Once I got off mission the Va said I had to pay back my benefits in the amount of 10k. If you are over 50% rated then you are considered Un qualified for reserve. Unless you are willing to give up or suspend your entitlement from the VA.

Response by CW4 Private RallyPoint Member made Apr 16 at 2023 4:10 PM

2023-04-16T16:10:20-04:00

Be careful, you cannot collect disability and draw military pay, it is illegal and two things might happen. One you have to repost disability once they find out, or two you are separated from the system as service members. I have experience in this situation, I had to pay back my disability earned during my continued service time to stay in the service. Most service members are clueless then shucked when they find out this is in most situations illegal. You must be deplorable to stay in the system. However, the crazy executive branch changed everything Thus anything today is possible if it adds the current regime in charge. Please go talk to a VA counselor or free military lawyer fir advice. Here is another fact, I was offered 100% disability after injury in my tour of Iraq if I separated from the system. I refused and stayed with disability fir another ten years. When I retired I applied fir disability since my foot and leg have steel rids holding it together. Under Obama’s watch, the VA gave me 10% disability and each month I get 135.00 dollars which if deducted from my army pension since the amount is under 50%. If your a 2 to 4 year veterans any amount of disability is worth the fight. However, many lawyers get a percentage of disability you might win. This if you win less then 50% total you might lose money. Please go see expert you can trust ( outside your possibility new enlistment) and ask about service time and collecting disability at the same time. I paid a price, but I wanted so much to be a full Chief, I took the gamble and lost the money but walked away a full Chief warrant officer 04 as I dreamed of becoming as enlisted.

Response by SGT Juan Robledo made May 1 at 2023 4:28 PM

2023-05-01T16:28:16-04:00

Go into Civil Service, where you could still be a contributor, I’m not sure if that would help you or not

Response by MAJ Jay Jackson made May 12 at 2023 2:25 PM

2023-05-12T14:25:13-04:00

Whatever happens, make sure you buy back your military time for federal civil service credit and retirement pay before the interest on it gets too crazy.