ptsd Active Reserve And Elgibility For Va Benefits

[Mil T]

Hello.

I think I know the answer but I want to run this by some of the experts on here.

I have a brother that is in the Army Reserves and will be getting out in March of 2015. He was Active Army from 2001 to 2005. 11B Infantry.

1 tour Iraq. 1 tour Afg. He ets'd active May 2005. Reuped Oct. 2006 Army Reserve as MP combat support. Called to active duty Aug 2007 to May 2008 Iraq. July 2010 to Aug 2011 Iraq. June 2013 to March 2014 Afg. 5 tours total in 13 years.

He would like to file a claim for PTSD. He has been going to vet center for counseling for couple of years now accept for his deployments.

We were talking and I told him that I didn't think he could file with VA yet but that he needs to ask for counseling through the reserves to establish a med record along with any other things that he would want to file for like hearing, tinnitus, injuries etc. so that it is easier when he does get out.

The main question is; can he apply for VA benefits while he is still active reserve? Can he file a claim while still on active reserves?

Thanks.

Mil T

[Navy04]

I agree that he needs to start seeing the VA Docs for the multiple Mental and Physical Issues first. Then when he is about 6 months out he should submit a VA claim for disabilities. I just helped an ANG bud, and he was awarded 90% two weeks before he got out of reserves. So month following his discharge he was already getting paid.

[vern2]

The short answer is that you can receive up to 30% disability compensation and still be in the active reserves. In your brothers case, he needs documentation, even if it is lay letters from his buddies. Reserve records get lost, especially medical, so he needs to get and keep a current copy of all his medical records, especially any tests, evaluations FFD letters from commanders, or LOD letters, etc. Speaking from experience!

[Mil T]

Thanks Vern and Navy04.

I will look at what he can apply for. His PTSD and counseling has him with a GAF of 45. He has 5 tours which with everything else and the Stress letters should get him a 70% first time out for PTSD. I'm not sure we want to go that way yet until he actually gets out. I'll look at Hearing and tinnitus etc. that usually doesn't get more than a 20% and Tinitus at 10%.

The VA will have a hard time disputing that he has a hearing issue that started in the service. That is why I'm suggesting to him to get in and complain and document everything and anything. It should make our job easier to prove and success in awards. He really needs to be at 100% because of his PTSD. He cannot really work at this point but has to too make ends meet with his family.

Thanks again.

Mil T

Edited July 17, 2014 by Mil T

[Carl the Engineer]

Mil T,

Tell your brother to say "active duty" anytime anyone at the VA asks him about his service. The truth is he was on active duty, especially when deployed in the reserves. I have learned that you get a different response (attitude) when you say you were in the Guard or the Army Reserve.

The people that work for the VA (at the hospitals and clinics) are not sharp enough to ferret out that your brother was in the reserves, however, I never lied if pressed and did tell them I was in the Guard when deployed to Iraq, etc., just used "active duty" when it didn't matter and it seemed stop the questions..

Also, we had allot of Soldiers that received VA compensation and were actively drilling in the Guards. There is an offset for the monies they get from the VA from their Guard pay. We had a few Soldiers that received more compensation then what they got for drill and they usually did not extend and stay in the military.

Hamslice

[vern2]

BTW, he should have filed the claim for PTSD, as soon as he came off AD. I filed my claim more than 2 years before I retired. The key is AD orders and demobilization orders or statement of release back to Reserve status. I helped a fellow Reservist file his claim and he got 30%, and stayed in reserves 5 more years until he retired. Hell, his claim was settled faster than mine! If you receive more than 30%, you will have to retire or get out or passibly go IRR, forgot which:) getting old!