Will VA benefits/ treatments prevent me from going from guard to active?

SPC Private RallyPoint Member — Sat, 12 Sep 2020 22:43:11 -0400

I'm in the MT ANG and was about to go active when I was told me knee injury that was supposed to be a few months of rehab was now going to be surgery and my jaw injury that was supposed to be a minor surgery was postponed so long by Tricare and med dept that I now need a bilateral TMJ replacement which is a major surgery. Both injuries happened while on duty and I am recovering ahead of schedule from the knee surgery. I have 3 years left on this enlistment but have been told to file VA claims if I want my jaw fixed. Would having VA claims mess with me going active? Due to COVID, it can be another 6 months to 2 years to get my jaw fixed. Do I have to wait until I get the surgery to go active? Would the VA still have to treat that injury if I'm on the active side? If I waited out the rest of this contract, would the claims prevent reenlistment?

Response by SSG Private RallyPoint Member made Sep 12 at 2020 10:45 PM

SSG Private RallyPoint Member — Sat, 12 Sep 2020 22:45:57 -0400

You can not enter active duty while actively being treated by the VA. You must be fully complete with treatment and rehab before entrance to AD

Response by LTC Private RallyPoint Member made Sep 12 at 2020 11:41 PM

LTC Private RallyPoint Member — Sat, 12 Sep 2020 23:41:02 -0400

Response by CPT Private RallyPoint Member made Sep 13 at 2020 5:38 AM

CPT Private RallyPoint Member — Sun, 13 Sep 2020 05:38:27 -0400

The VA claim itself won't be what prevents you from going active. It will be the underlying conditions you filed the claim for that will create issues for your when you try to go active.

Response by SFC Juan Santiago made Sep 13 at 2020 9:28 AM

SFC Juan Santiago — Sun, 13 Sep 2020 09:28:28 -0400

I believe that with those injuries it will be hard for you to go active.
Serve the rest
Of the time with the guard and try to get disability from the va.

Response by SPC(P) Private RallyPoint Member made Sep 13 at 2020 10:45 AM

SPC(P) Private RallyPoint Member — Sun, 13 Sep 2020 10:45:48 -0400

I think it would depend on the MOS you pick. You probably would have to get a waver. U should speak to a retention NCO or recruiter, they would be the subject expert matter on that. But I would take Juan's advice if I was in your position that's alot of injuries for a waiver.

Response by SFC Chuck Martinez made Sep 13 at 2020 11:04 PM

SFC Chuck Martinez — Sun, 13 Sep 2020 23:04:54 -0400

I am certain that no military service will touch you. Now that all branches of service are strictly voluntary, they can pick and chose who they want. They will not take anybody that has a physical disability.