tinnitus 60% Disability In National Guard

[ensignoftheunit]

As many of you who've helped me know, I'm at 20%, for tinnitus and HBP. At the moment I'm finally coming to terms with the fact that I have some pretty severe anxiety issues. I was diagnosed with the VA with GAD; I met double the required symptoms necessary to diagnosis it. Wish I could say its getting better, but its really not. I'm averaging 7 to 8 panic attacks a week. I might not have one every day, but some days I have 2 or 3 in a day. The only thing that controls the panic attacks is the fact that I'm on the highest dosage of alazopram that they can perscribe; 2mg x 4 daily as needed. Basically the alazopram is the only medication that allows me to keep my high stress job.

Looking over my notes, and the notes from my first VA pyschologist, I fill almost all of the 50% rating requirements, and an alarming number of the 70% ratings for GAD. I avoid hard tasks at work, if I don't do something every single day I basically forget how to do it. I've got wild routines that I go by everday, like if I'm not atleast 20 minutes early to work I turn around and go home and take the time off. My judgement is extremely poor, I spend friviously with money I don't really have. I really can't handle stressful tasks; my wife handles all the bills because I forget to pay them off or procrantinate, I've become so scattered brained that I even forget to trim my nails, brush my teeth or wash my hair regularly.

I'm getting help with the VA, and the alazopram keeps me atleast functioning at work to the point where I can perform the mundane tasks and routine troubleshooting. But It doesn't help with the general GAD symptoms.

My question is if this so bad that I feel the better option would be to file a GAD claim and end my National Guard career, how does that work? If I'm rated at 60%, do they medically retire me instead of getting a disability compensation? I'm an 8 year veteran with 2 years of active duty deployment time at the rank of E6. Or do they bit be fairwell and I get my 60%? Or do I get both?

I've looked up a 60% rating from the VA, but have no clue what a medical retirement at E6 with 8 years of service. Can anyone estimate my benefits?

[Carl the Engineer]

ensign,

I believe you will not get a medical retirement from the NG until you have at least 15 years. And that would kick in at age 60, simular to the normal non-traditional NG retirement after age 60. I believe you would/will be medically discharged without compensation from the NG.

However, you have secured VA disability compensation for your issue(s) in service which is a good thing especially being in the NG. A lot of Soldiers in the NG are unaware of what they needed to do in service and when they left to secure those benifits.

You can have a VA sevice connected disability and recieve compensation and attend drills being in the NG. However, you VA comp will be deducted from your NG pay. That said, once you got to 40 or 50% SC'd you would be working for nothing at the armory. We had PFC's and SPC's with 20% SC'd comp leave the NG as they were working for nothing. Theoretically, you could remain in the NG and get a retirement at 60 in addition to your VA comp as long as you were 50% or higher.

Again, I don't believe I remember anyone leaving the NG (except full-timers as in AGR) with a medical retirement with less than 15 years.

The NG is not the same as RA in these matters.

Hamslice

[ensignoftheunit]

ensign,

Theoretically, you could remain in the NG and get a retirement at 60 in addition to your VA comp as long as you were 50% or higher.

Hamslice

I thought they kicked you out after 30% disabled??? So your saying you can be rated at 50 or 60% and still remain in the Guard?

After some reach, it seems the percentage doesn't matter, depending on your condition you could get kicked out at 10%.

After digging into some regulations I found these two that pertain to my GAD:

(8) .

(a) A psychiatric condition controlled by medication should not automatically lead to nondeployment. Soldiers with

a controlled psychiatric illness can still deploy. The recommendation of deployability should rest with the clinical

judgement of the treating physician or other privileged provider, in consultation with the unit commander. If there are

any questions on the safety of psychiatric medication, a psychiatrist should be consulted.

(b) Medications that may be used safely in theater include selective serotonin re-uptake inhibitors and sleep

medications.

5.3.12.2.5. Individuals who experience recurrent depression or anxiety disorders, require psychiatric medication for greater than one year, who have been hospitalized for a psychiatric condition, require an evaluation by a military mental health provider. These cases warrant careful consideration of fitness for duty, worldwide assignability and deployability, given that adequate mental health support may not be available in all locations. Serious psychiatric illnesses (refer to criteria in 5.3.12.2.1-4 above) that result in hospitalization require a MEB. For ANG members on long-term antidepressant maintenance therapy even if asymptomatic or in remission, a WWD evaluation must still be forwarded to ANG/SGPA for consideration.

I'm not sucidial, I've never been hospitlized, I am on SSRI medications, and my conditions do not affect my military career as I'm a supervisor.

I've always heard the "Greater than 30 then your automatically out" If I'm reading this correctly, a controlled psychiatric condition doesn't automatically result in seperation, and I could have 40-50% VA rating and can still be found fit for duty.

Am I getting this right, or is 30% is end all be all?

Edited September 27, 2012 by ensignoftheunit

[Carl the Engineer]

ensign,

I'm not to sure about the 30% rule, however, what I do know is in the NG, there are 50 HQ's with 50 sets of regulations, which they follow when it favors them or they revert to the US Army regulation or the NGB (National Guard Bureau) regulatons when there own regs are junk. Trust me I know on this.

What is nice, is, when you leave the NG and fall under the VA, everyone is under the same regulations, etc.

If it were me, and I met weight and could pass my APFT easily every time, I would not tell them (NG) anything about my VA comp, especially my unit, unless you were asked a specific question. Don't lie, just don't tell them more than they need. When I left, we were doing annually medical reviews, however, now with the draw down and less funding, they might go back to bi-annual or every five years etc.

It really depends on your CO and you 1SG. If your a keeper, they will keep you, if you are a screw-up, they will find a way to let you go. Also, when I say CO and 1SG, I really mean the company Readiness NCO. He is the full-timer (E-7) that controls everything that happens in the unit and is responsible to the State for your unit. I was all three at sometime in my carreer.

Again, I think your in a good spot with being up to speed with the VA.

Hamslice

[ensignoftheunit]

Thanks for the sound advice! I know the VA can look into your DFAS to see what you owe them back every year, but can the NG look into the VA? I mean can they find out about your compensation without you telling them?

[Carl the Engineer]

The pay people in your State are going to know that you are recieving VA comp and how much as it will be tax free and they can see your LES's every month. I dought they can see the medical part as in what you are SC'd for.

[ensignoftheunit]

Since you were in the Reserves or National Guard, here's a question. If things get rated higher than I suspect, and they offer military severance pay, how does the work? I know its 2X your base pay, but Is it based on my total time in service, points, or active duty time? Total time in service is 8.5 years. I don't recall my point spread right off the top of my head, but I've got an active year for basic and tech school, plus 2.75 years for active duty.

Also, a general question; once you submit a disability application online how long do you have to submit your evidence and make your case? (Would it be best to assemble everything and send it in as one lump package)