Deploying with a VA disability percentage?

MSG Morgan Fiszel, CPCM, CFCM — Mon, 15 Jun 2015 09:08:17 -0400

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.

Response by SPC Jan Allbright, M.Sc., R.S. made Jun 15 at 2015 9:10 AM

SPC Jan Allbright, M.Sc., R.S. — Mon, 15 Jun 2015 09:10:22 -0400

OK .. you stumped me .. how can you have a VA disability AND be in the Army at the same time?

Response by CPT Bob Moore made Jun 15 at 2015 9:14 AM

CPT Bob Moore — Mon, 15 Jun 2015 09:14:17 -0400

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.

Response by SSG Private RallyPoint Member made Jun 15 at 2015 10:03 AM

SSG Private RallyPoint Member — Mon, 15 Jun 2015 10:03:45 -0400

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.

Response by CAPT Kevin B. made Jun 15 at 2015 10:19 AM

CAPT Kevin B. — Mon, 15 Jun 2015 10:19:11 -0400

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.

Response by SSgt Private RallyPoint Member made Jun 15 at 2015 11:15 AM

SSgt Private RallyPoint Member — Mon, 15 Jun 2015 11:15:17 -0400

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.

Response by CPT Pedro Meza made Jun 15 at 2015 3:30 PM

CPT Pedro Meza — Mon, 15 Jun 2015 15:30:34 -0400

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.

Response by SFC Jeffrey Couch made Jun 15 at 2015 3:38 PM

SFC Jeffrey Couch — Mon, 15 Jun 2015 15:38:04 -0400

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

Response by SSG Delanda Hunt made May 2 at 2016 1:40 PM

SSG Delanda Hunt — Mon, 02 May 2016 13:40:27 -0400

What kind of Military are we becoming, Why is this person still in the Military? Do we have any standards anymore?

Response by LTC Paul Labrador made May 2 at 2016 5:08 PM

LTC Paul Labrador — Mon, 02 May 2016 17:08:24 -0400

First off, how does someone still in uniform have a VA disability rating...?

Response by SFC Greg Bruorton made Jan 3 at 2018 4:24 PM

SFC Greg Bruorton — Wed, 03 Jan 2018 16:24:25 -0500

I'm curious here, Morgan. You say that you know "someone" that has a VA disability and then say "they" might deploy. How many are you talking about here--one or more? I regret I cannot give you a better answer to your question. If they comprise a squad or even a section of a platoon that could be a problem overall.

Response by SPC David Willis made Jan 3 at 2018 4:37 PM

SPC David Willis — Wed, 03 Jan 2018 16:37:52 -0500

I may sound like a bit of a dick here, but how can you be both physically and mentally fit for a combat deployment and also drawing benefits at %70 disabled? I thought the point of disability was to make up for potential lost income, but if you can deploy in the military what CANT you do in the civilian sector?

Response by SGM Bill Frazer made Apr 23 at 2018 10:07 AM

SGM Bill Frazer — Mon, 23 Apr 2018 10:07:09 -0400

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.

Response by CPO Private RallyPoint Member made Jun 3 at 2019 11:12 PM

CPO Private RallyPoint Member — Mon, 03 Jun 2019 23:12:54 -0400

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.