Cancel A Claim - Need Advice

[PMJ]

Vets,

I am a 12 year AD Veteran who recently separated under Honorable conditions with RE-1 code. I filled my quick start compensation claim while I was still in AD. My claim status on eBenefits says to be finalize between APR14-NOV14.

My career plans after separation did not go as planned. I contacted the AD and Reserve recruiters to see the possibilities on returning to AD or joining the reserve. I was told neither may happen since I submitted a VA claim.

Should I cancel or stop my claim in order to return to AD or joining the reserves? Is there a penalty for doing so? Will I be able to resubmit my claim in case I don't get approved to return to AD or joining the reserve?

I just don't want to make a mistake I may regret. My DVA rep told me that based on my claim and evidence provided with my medical record, based on her opinion, I may be granted 50+% disability.

Thanks in advance.

PMJ

[Berta]

This is the most updated version of the US Navy Recruiting manual:

http://navyformoms.com/group/deppersinbutnotyet/page/navy-recruiting-manual-enlisted-1130-8j-updated-to-27-june-2012

“COMNAVCRUITCOMINST 1130.8J

–

VOLUME II

Chapter 2

Section 7

2

(b) NPS applicants found not physically qualified by MEPS are ineligible for

further

processing without an N3M waiver review. Waivers of physical standards may

be requested regardless of MEPS Chief Medical Officer (CMO) waiver

recommendation. When a waiver of physical standards appears warranted, the

NAVCRUITDIST Commanding Officer may r

eq

uest a

NAVCRUITCOM N3M waiver

review.

© PS applicants found not physically qualified by MEPS are ineligible for further

processing without an N3M review. Requests for N3M reviews may be submitted

regardless of MEPS CMO waiver recommendati

on. During the review, N3M will apply

retention physical standards when determining eligibility for NAVET applicants on

contract, or within six months of discharge for those who have completed their MSO.

NAVET applicants no longer on contract, and have been discharged greater than six

months, will be evaluated based on accession physical standards. All OSVETS will be

evaluated based on accession standards.

(d) N3M will inform the NAVCRUITDIST of the applicant’s eligibility

determination by

official letter.

(e) Applicants processed from Japan, Guam, and Europe shall use Military

Treatment Facilities (MTFs) for enlistment physical examinations. The

Report of

Medical Examination

(DD Form 2808) and the

Report of Medical History

(DD Form

2807

-

1) shall be utilized by the MTFs for all enlistment physical examinations.

Immediately upon completion of the MTF physical examination, including receipt of

DAT/HIV results, the DD Form 2808, DD Form 2807

-

1 and all relevant supporting

documentation will be sent to

NAVCRUITCOM (N3M) for review and physical eligibility

determination.

(2) Reserve Component

(a) All NPS applicants for RC enlistment shall have their physical examination

administered at MEPS.

(

b) NAVET applicants separated less than 6 months who meet all of the

following criteria are able to affiliate with the reserves with no further medical review:

•

They were physically qualified for separation.

•

They are not changing rate or designator.

•

.

They have no factors that limit world

-

wide assignment or deployability

•

They have no VA disability compensation pending.

•

They were separated with an RE

-

R

1

, RE

-

1, RE

-

1E, or RE

-

6

code.

Note: The complete separation physical (DD2697 or SF600) and all sup

porting medical

documents must be provided to the affiliating NOSC. “

There is no penalty I know of for cancelling the VA claim.

"Will I be able to resubmit my claim in case I don't get approved to return to AD or joining the reserve?"

I certainly hope so and don't see why not.

[free_spirit_etc]

Should I cancel or stop my claim in order to return to AD or joining the reserves? Is there a penalty for doing so? Will I be able to resubmit my claim in case I don't get approved to return to AD or joining the reserve?

If you submit a claim within a year of discharge, the effective date of any benefits granted should be the day after you left the service. If you submit a claim more than a year after discharge, the effective date will generally be the day you submitted the claim (or the date entitlement rose, if that is later).

[meghp0405]

_{I would wait until your claim is adjudicated. You can still have a claim and receive VA compensation while in the guard or reserve, but active duty is another story, not authorized both payments.}

_{The info provided by Berta is clear and consistent! You are in a catch 22 my friend....}

[justrluk]

You can get your claim adjudicated, then when on active duty have the VA comp suspended during your time of service. Then, when you're finished with EAD, ask the VA to reinstate your VA comp. They should then audit your pay account and pick up where you left off. This doesn't mean it will happen over night, but at least you're still in the system and may have increased or worsened service-connected conditions to add/increase your rating.

[TiredCoastie]

My biggest fear if I were you is that the disabilities you are claiming would keep you from re-enlisting as you wouldn't be medically qualified. That's probably what the recruiters were basing their statements on. It always seemed like it was easier to stay in than get in or get back in.