ptsd Va Rated And Going Back On Active Duty... Implications?

[B 2/75]

Howdy, folks.

I've searched for any info on this topic, but am bringing up a blank, and I'm hoping to be able to start a discussion on the topic and glean some useful information, as I know of quite a few folks out here who are in a similar boat as mine.

I'm an Army guy with 29 years of service, 15 active, 14 reserve. I'm still in, as regular drilling reservist. I'm also 80% combined, 70 for PTSD and 10 for frostbite.

Last year I tried to go on a tour of Extended Active Duty at my unit. Everything went well as the package was routed from office to office. The Command Surgeon signed off with an OK after I had been seen by both an Army Dr. and an Air Force Dr: both of them gave me a thumbs up as good to go. Unfortunately, when the package got to the Chief of Staff's office, it was killed. The rather lame excuse I got was along the lines of "The Army can't interfere with a VA bennie"

I've got another opportunity for a tour of AD. I don't think that this command will kill the application (a bit less testosterone in the second command) and I'd like to try and find out what implications are involved.

I know that it is a simple single page form to fillout with the VA to suspend payments. This has to happen... you can't get both.

But, will the VA give me any grief about doing yet another tour?

There is a high probability that If I do go back onto AD I'll have to go back into Iraq and likely Afghanistan too, for short 30 day trips.

Ideas?

[david walker]

You need to retire. You've got the time. If you are 80% you should not be in the reserves.

Edited January 22, 2007 by david walker

[sixthscents]

HA!!! I knew I saw this just this week........

§3.654 Active service pay.

(a) General. Pension, compensation, or retirement pay will be discontinued under the circumstances stated in §3.700(a)(1) for any period for which the veteran received active service pay. For the purposes of this section, active service pay means pay received for active duty, active duty for training or inactive duty training.

( Active duty.

(1) Where the veteran returns to active duty status, the award will be discontinued effective the day preceding reentrance into active duty status. If the exact date is not known, payments will be discontinued effective date of last payment and as of the correct date when the date of reentrance has been ascertained from the service department.

(2) Payments, if otherwise in order, will be resumed effective the day following release from active duty if claim for recommencement of payments is received within 1 year from the date of such release: otherwise payments will be resumed effective 1 year prior to the date of receipt of a new claim. Prior determinations of service connection will not be disturbed except as provided in §3.105. Compensation will be authorized based on the degree of disability found to exist at the time the award is resumed. Disability will be evaluated on the basis of all facts, including records from the service department relating to the most recent period of active service. If a disability is incurred or aggravated in the second period of service, compensation for that disability cannot be paid unless a claim therefor is filed.

© Training duty. Prospective adjustment of awards may be made where the veteran waives his or her Department of Veterans Affairs benefit covering anticipated receipt of active service pay because of expected periods of active duty for training or inactive duty training. Where readjustment is in order because service pay was not received for expected training duty, retroactive payments may be authorized if a claim for readjustment is received within 1 year after the end of the fiscal year for which payments were waived.

[27 FR 11890, Dec. 1, 1962]

So.. you go active you get no Compensation until you come off active duty... or at least thats the way I read it...

Anyway I knew I had seen it just this week

[dman001948]

B2/75:

Look, please don't take this wrong but it seems there are at least three items you are either in denial (NOT a river in Egypt) about or just plain haven't looked at:

(1) PTSD can't be "cured", it doesn't just go away unless you've had your head blown off; you're here asking questions so that can't be the case.

(2) What happens when, not "if" your ptsd is triggered; you're talking probable combat here, unconventional warfare, counterinsurgency ops,anti terrorism-do you honestly think you're not going to be triggered? When that happens, what happens to your effectiveness? which brings up:

(3)Maybe you don't care about YOUR life and hide, but what about the other

people around you? What happens when their level of effectiveness goes south? Because if you're a member they will be assuming you're in good shape IN ALL OPERATIONAL ASPECTS AND PARAMETERS. In other words their butt depends on you being able to do your part.

Can you honestly tell me you'll be able to? Because just a few lines down the page you were talking about suicide and insurance. That isn't what I would want to hear from a man that's supposed to have my back.

Just being honest with you here, buddy---

usn308

Just kinda want to know, You sign your post 2/75th, are you a Ranger? Second, from my experience, one can wavier up to 30% disability after that you are medically discharge. So I'm at a lose as how you are doing it? The only way I can figure is that your unit does not know of your % and once they find and they will, you will be force to retire and might have to pay back any monies you collected either from the VA or duty time since your rating or both, it could be considered fraud.

I have done some checking, and my thoughts were confirm, 30% is top wavierable, now that runs state to state...maybe a little more or a little less depending on the state. Now since you are in the Reserves and Reserves play a support roll and not a combat roll and your needs may be in big demand, you might and I repeat the words might be able to get away with it. But not for long....One thing for sure YOU CANNOT collect both disability and reserve pay regardless of active duty or drill time. You must wavier it and once you do that, the cat is out of bag.

When was the last time you re-enlisted? Was it "after" you recieved you disability rating? if so there is a spot on your contract that ask you if you are receiving disability pay, if you answer this NO and are..You just committed fraud.

If I was you, I would retire and do it A.S.A.P (friendly advice).

Thanks for your service.

RLTW

Dennis Rick

Edited January 23, 2007 by dman001948

[john cummings]

I was recalled to active duty four years ago, I was rated 70% by the VA, and the military knew that up front. So far so good, I feel the military is where I fit in the best, I would just about call it a "protected work enviorment". The regimen and structure keeps me going, and I am having a blast leading the youngsters. I find it very rewarding helping them mature and develop them into strong team players. My VA pay was automaticall stopped by DFAS when I started recieving military pay, but the part I am wondering about is my VA compensation has been suspended, but are my ratings still in play? will they become protected based upon the date I first recieved them? the date I retire? or adjusted to the lenght of time in receipt of compensation?....

john c

[sixthscents]

John,

Reguardless of your ability to serve... I will NOT comment on that.. please read the CFR I quoted... it says that your rating is protected right here:

Prior determinations of service connection will not be disturbed except as provided in §3.105.

and 3.105 says :

§3.105 Revision of decisions.

The provisions of this section apply except where an award was based on an act of commission or omission by the payee, or with his or her knowledge (§3.500(); there is a change in law or a Department of Veterans Affairs issue, or a change in interpretation of law or a Department of Veterans Affairs issue (§3.114); or the evidence establishes that service connection was clearly illegal. The provisions with respect to the date of discontinuance of benefits are applicable to running awards. Where the award has been suspended, and it is determined that no additional payments are in order, the award will be discontinued effective date of last payment.

................

Now thats truncated, but essentially your rating is protected UNLESS, there is a change in VA law (which would affect you anyway), or you are eligable for an INCREASE.. again per 3.654

OK...? Your solid on the rating whatever you do, as long as you arent convicted of a felony or other, and again that would apply no matter...

Hope this helps.

[B 2/75]

dman, Yes, I'm a Ranger. Enlisted service as an 11B2V in 2nd Bat, old scroll. Went the ROTC route after ETS in 82, and have been assigned to various SOF units throughout my career. Now I'm a LTC, so there is no enlistment contract uponwhich I might have commited fraud. And rest assured that my unit, which is headed up by one of the 4 star CINCs, is fully aware of my 80% rating. Whenever I put on my uniform and perform for pay, my VA benefits go away for that period. That includes pay and meds. If I'm working for points only, I keep the VA compensation.

My question has been about returning to Active Duty, not drilling as a Reservist, and it looks like you guys have answerd (confirmed) my questions, particularly with the quotation. I'm assuming that §3.654 Active service pay is from the USC.

If I understand correctly, I can go back onto AD, perform the job, then go back into a reserve status and then reinstate the (unchanged & exact same) VA benefits so long as I'm not drawing any pay from the Army. If my condition has been aggravated by the tour, then I can file a new claim with the VA. Am I getting it right?

Folks, don't worry about my PTSD being a threat to my buddies, and those who's back I should have. I was a Major in Iraq. As such, I was out the gate in Hadjiville every day. Now that I've been promoted the chances of getting out the gate are next to zilch. Rest assured that I've been promoted into pencil pushing status... something that isn't too likely to "set me off..."

Believe it or not, there are actually quite a large number of people out there on active duty in the Rangers and SF who are completely ate up with PTSD, but because of continued ignorance and masking of information by commands are not getting any help, for fear of injuring their careers. All we want to do is our jobs, which involves taking the battle to the bad guys. Getting compensation from the VA is secondary. Getting help is what they really need.