ptsd 100% Va Service Connected, Still In Guard Meb?

[triggertre]

First post,

The Background:

Georgia National Guard Infantry gunner with one tour in Afghanistan 2009-2010. Servicemember since DEC2007.

I am currently serviced-connected with 100% PTSD, 30% Degenerative Arthritis, 10% Thoracolumbar Issues, 10% Bilateral Tinnitus, 0% Bilateral Epicondylitis, 0% Minor Hearing Loss .

I also have been diagnosed with bilateral cervical radiculopathy due to back issues (but was told its a mute point since I am well over 100% rating and thus has not been service-connected).

I have not drilled in over a year due to my medical issues. I had recieved notice from the VA than I was honorably discharged back in AUG2012, but the ARNG didn't get the memo and my command recently decided I need to go before a MEB for proper out-processing. I am on a 6-2 enlistment with 6 active drilling and 2 inactive. My 6 years of active drilling is complete this DEC2013.

The Concern:

My question is what should I expect? Will this adversely affect me? I am certain I will be medically discharged due to my high service connected ratings. I already receive 100% service-connected VA Compensation, but what benefits do I retain from the guard if I am medically retired due to my service-connected disibilities. I only have 5.5 years in and about 13 months of those are active duty.

thank you in advance.

[Philip Rogers]

You want that bilateral cervical radiculopathy rated because you can get additional compensation. 100% + 60% equals an "s" award, currently about $350 a month additional to the 100% comp. As for the rest I don't know. Welcome!

pr

[Chuck75]

"I had received notice from the VA than I was honorably discharged back in AUG2012".

The VA and others have difficulty in distinguishing separation from discharge. It's possible that

Separation/release from active duty was mislabeled as discharge. I'd really look into that!

Finally, the "guard" is different than the reserves.

The reason behind this had to do with some experiences I had.

I was "released" to inactive duty (DD214,etc.) I had no reserve obligation, due to

service in a war zone. My actual discharge was several years later, as I did remain in the drilling reserves.

(It became impractical, as eventually the reserve unit did not have paid billets for my specialty in the next grade.)

The VA goes by the DD214/215, and seemingly nothing else. Others cannot tell the difference

between a formal honorable discharge, and a DD214 listing honorable service or conditions.

[triggertre]

"I had received notice from the VA than I was honorably discharged back in AUG2012".

The VA and others have difficulty in distinguishing separation from discharge. It's possible that

Separation/release from active duty was mislabeled as discharge. I'd really look into that!

Finally, the "guard" is different than the reserves.

The reason behind this had to do with some experiences I had.

I was "released" to inactive duty (DD214,etc.) I had no reserve obligation, due to

service in a war zone. My actual discharge was several years later, as I did remain in the drilling reserves.

(It became impractical, as eventually the reserve unit did not have paid billets for my specialty in the next grade.)

The VA goes by the DD214/215, and seemingly nothing else. Others cannot tell the difference

between a formal honorable discharge, and a DD214 listing honorable service or conditions.

Ok makes sense.

Does anyone know what benefits I would still be entitled to if I am medically discharged after only the few years I have served?

[meghp0405]

Has your doctor implemented a medical board? That's the first step in determining your entitlements. At a med board the board can do 1 of three things; return you to active duty; return to active duty with a profile; or medically retire you. You need an award from your service of at least 30% for a medical retirement.

The VA will rate not only the disabilities on your med board, but will include all disabilities that you have been diagnosed with while on active duty that you have been deemed with favorable service. If a disability occurred during your unfavorable period of service, then it will be tough, if not impossible to get those service connected.

Once VA rates your disabilities, you will be awarded an overall numerical rating for which you will receive a monthly tax free check from the va. It will depend on the amount of disability that would entitle you to certain benefits. Also, the state you reside in also provides benefits to disabled veterans. Those benefits vary from state to state.

You want to have everything considered in your overall evaluation as PR stated above. There is a SMC for 160% disability.

The mental health evaluations (unless determined to be P&T) will be re-evaluated in about 7-9 months after your discharge. If you have a P/T it will state on your rating decision whether or not the condition will be re-evaluated.

Edited August 13, 2013 by meghp0405

[triggertre]

Has your doctor implemented a medical board? That's the first step in determining your entitlements. At a med board the board can do 1 of three things; return you to active duty; return to active duty with a profile; or medically retire you. You need an award from your service of at least 30% for a medical retirement.

The VA will rate not only the disabilities on your med board, but will include all disabilities that you have been diagnosed with while on active duty that you have been deemed with favorable service. If a disability occurred during your unfavorable period of service, then it will be tough, if not impossible to get those service connected.

Once VA rates your disabilities, you will be awarded an overall numerical rating for which you will receive a monthly tax free check from the va. It will depend on the amount of disability that would entitle you to certain benefits. Also, the state you reside in also provides benefits to disabled veterans. Those benefits vary from state to state.

You want to have everything considered in your overall evaluation as PR stated above. There is a SMC for 160% disability.

The mental health evaluations (unless determined to be P&T) will be re-evaluated in about 7-9 months after your discharge. If you have a P/T it will state on your rating decision whether or not the condition will be re-evaluated.

My command is just now initiating the MEB process. I assume they have a separate rating system but will utilize my VA ratings in determining my outcome.

I understand most of my VA benefits as I have been entitled to these for a few years.

From what you say most likely I will be medically discharged from the Georgia National Guard since I have both service connected PTSD rated at 100% and Spinal issues rated at 30%.

If I am medically discharged for service connected disabilities rated over 30% but with only 5+ years in service what benefits from the Guard am I entitled?

One reason for these specifics is that due to my spinal injuries I have to undergo yearly surgical treatments just to maintain quality of life. I DO NOT trust VA in operating on my spine so I do most of my treatment via private healthcare. Tricare is excellent in taking care of these yearly and quarterly costs without complaint for the past 3 years. So will I be able to keep Tricare if medically discharged and what other benefits will I be entitled to that are not related to VA benefits?

-triggertre

[Berta]

Good question:

“A reserve or guard retiree must be 60 years old and in receipt of retired pay in order to be eligible to receive CRSC. “ (Combat Related Special Compensation)

Source:

http://www.military.com/benefits/military-pay/special-pay/combat-related-special-compensation-crsc-faqs.html

However :

in part

I"f you are retired from the Guard or Reserve with a VA rating of 50% or better, no matter what you have been told in the past, you may still qualify for Concurrent Retirement and Disability Pay (CRDP), formerly Concurrent Receipt, even if you were medically retired under Chapter 61.

Up until recently DFAS has been telling Guard and Reserve retirees that they had to have a minimum of 7200 points to qualify for CRDP. However thanks to the efforts of one man, namely Robert Trinkle USAFR Ret., DFAS has now realized their error. Specifically that any retired guard member or reservist that has "20 Good Years" and meets the remaining eligibility requirements is eligible to get their CRDP benefits just like their active duty counterparts. The hang-up in the past was that DFAS was using 7200 points as the determinant factor."

"My command is just now initiating the MEB process" Hopefully there is a way you can access a PEBLO -(Physical Evaluation Board Liason Officer) or someone who acts as a liason officer for the MEB.

I hear you on the Tricare...... that is something to keep if you can.

http://www.military.com/benefits/military-pay/reserve-and-guard-pay/reserves-encounter-crdp-difficulties.html

I cant determine here if you would be eligible for either CRDP or CRSC.

Military.com seems to have the best info around on these programs.

Also they have a forum for questions.