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Returning to Active Duty with a significant rating.

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cwalk100

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I have an 80% service connected disability rating.  70% of that comes from PTSD. I spent 7 years as an infantryman in the Army. I got out in 2016. I am currently looking at going back in as a social worker. I was previously enlisted but the new career field I am interested in is a direct commission position. I am not sure if the 70% will disqualify me from returning to Active duty. I would actually argue that I have been experiencing post traumatic growth and my experiences would allow me to better serve those on Active Duty. Doe anyone have any knowledge or experience about returning to Active Duty with a disability rating?

 

Edit** I am going to be attempting this in the next few months so I will update this with any new information that may be useful to other people who are experiencing similar situations.

Edited by cwalk100
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7 hours ago, cwalk100 said:

I am not sure if the 70% will disqualify me from returning to Active duty. I would actually argue that I have been experiencing post traumatic growth and my experiences would allow me to better serve those on Active Duty. Doe anyone have any knowledge or experience about returning to Active Duty with a disability rating?

 

I would tread very carefully in this particular minefield.

Please read the following two links

read section C  38 U.S.C. 5304(c)  which says

(c) Pension, compensation, or retirement pay on account of any person’s own service shall not be paid to such person for any period for which such person receives active service pay.

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https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014246/M21-1-Part-III-Subpart-v-Chapter-4-Section-C-Adjusting-Department-of-Veterans-Affairs-VA-Benefits-Based-on-a-Veterans-Receipt-of-Active-Service-Pay?query=return to service#7a

The above link is from the M21 adjudication manual which (supposedly) explains what procedures the follow in each claim situation. The specific section is

III.v.4.C.7.a.  Relinquishment of Benefits Upon Return to Active Duty

on that same page and section are two more links you should read if you doubt this applies to you.

There is also another set of problems for you if you do this.

If you got out in 2016 it is highly unlikely your rating is a P&T rating, at best it is stable/static in the eyes of the VA.

PTSD (and all MH) ratings that are not P&T have a mandatory review, at the outside it will be no later than 5 years from the original rating. There is movement towards 2 years, but it will definitely happen at 5 years.

This will not only be a C&P, the VA can and does check with Social Security to see the reported income. There are several times and reasons the check is done, including a random audit. Folks that applied for TDIU are another time it happens and who knows when else. 

Policy and Law create several classes of ratings that are "protected" against being reduced. The most protected situation is you have been rated at your current % for 20 years. In this case the VA would have to prove fraud on the part of the veteran in either the original application or at subsequent reviews.

The next 'most' protected status is by policy. A veteran who is over 55 will generally not be given a review of their rating % based on the general concept that their employability after that age is not going to go up in most cases. Don't misread this as they "can't" do a review after 55, it is just it is policy not to unless something changes that they find out or know about.

Vets who are P&T are by policy not reviewed, unless the VA thinks something has changed. Despite the phrase being Permanent and Total it is not an absolute or a literal condition.

if you feel you are ready to return to normal life, your PTSD is cured, never to return, and you accept that the VA will remove your benefits and will require you to undergo another C&P (at least 1) how wonderfully cured you are, then by all means ignore everything above.

I don't know the military will even consider you, but if they do and you choose to accept the commission, be aware the law says your will lose your VA benefits.

You will likely be rated by VA as not having PTSD any more, heck they might even decide you never had it and demand you repay them all your previous compensation and if you used Voc Rehab to go to school instead of your GI bill, you might have to pay that back too.

You may try another path.

If you have your MSW and or are working on your PhD in Psych, then consider applying to the VA for the same work. You will still be working with Vets and the VA is chock full of 70% an 100% rated vets who are in similar positions. This was you keep your benefits, do the type of work you want, and get a full government salary, all above board and legal. no reduction, no loss, and if it fails for you, you don't have to go back and try to redo what you undid in terms of being SC rated.

 

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