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?

[Berta]

"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."

You are so right with all of this statement-

one question- to anyone-

could the VA find that this vet has made "substantial improvement" due to his continued service and then attempt to use that to support a proposed rating reduction?

Then again the VA would have to come up with preponderant medical evidence of improvement or find some miracle cure for PTSD which will never happen-

any vet would have the right to retain their comp while they fight any proposed reduction anyhow- not saying this would even occur -just my VAola paranoia kicking in-

Thanks for telling us all this B2/75 as we never know when more situations like this will bring someone to hadit.

[vaf]

My take on it is that anyone who isn't designated P & T is fair game for a C & P exam at any time. That would include disabled veterans called back to active duty. Especially in that case, because it's the perfect setup for arguing afterwards that the vet isn't really disabled after all, since the vet is eligible to be called back. It's a Catch 22. And, as long as there are C & P exams, there exists the possibility of being reduced or having one's rating totally canceled.

I'd say your "VA paranoia" is well-justified. If the regs allow something like rescinding or reducing a veteran's disability rating prior to a designation of P & T, for any reason, we should anticipate that the VA would take advantage of this. Even then, we've heard of cases where veterans rated permanently and totally disabled are hauled in for a C & P.

[carlie]

Berta,

"could the VA find that this vet has made "substantial improvement" due to his continued service and then attempt to use that to support a proposed rating reduction?"

The man states he receives 70 % disability for PTSD -- these are the regs for a 70 % evaluation.

Occupational and social impairment, with 70

deficiencies in most areas, such as work, school,

family relations, judgment, thinking, or mood, due

to such symptoms as: suicidal ideation;

obsessional rituals which interfere with routine

activities; speech intermittently illogical,

obscure, or irrelevant; near-continuous panic or

depression affecting the ability to function

independently, appropriately and effectively;

impaired impulse control (such as unprovoked

irritability with periods of violence); spatial

disorientation; neglect of personal appearance and

hygiene; difficulty in adapting to stressful

circumstances (including work or a worklike

setting); inability to establish and maintain

effective relationships...........................

The way I see it is under:

§ 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.

(b) 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.

What I don't understand here is that:

if he is in receipt of va disability at 70 % for PTSD, then how is he considered medically fit to return to active duty as this would show "substantial improvement".

Wouldn't it be necessary to have a doctor's release to show medically fit to return to active status -- which would show a great improvement has been made in his PTSD symptoms.

Also, it seems to me that if he was insistant upon returning to active duty then VA would

want you to waive rights pertaining to regaining sc compensation for same prior sc compensable disability, that has shown enough improvement that you were allowed to return to active duty.

Am I making any sense here ?

carlie

[carlie]

Vicki,

It's not just a C&P -- but ANY TIME a vet reopens a claim, just the reopening can start the ball rolling for reductions or discontinuance, VA is able to take a new look-see at the entire claim. I certainly could be wrong here, but this is my understanding.

JMHO,

carlie

[Dean]

(((Meds and hard work have gotten me (just about) back to normal.)))

Have you stated this to the military? B)

((((As a matter of fact, the VA doc I've been seeing put into his clinical notes the entry that "This soldier would best be served by a return to active duy, a treatment far better than any regimen of pharmacological agents I could offer." ))))

Your V.A. Doctor is thinking about the way that they have been treating PTSD over the last few years. They have been showing the PTSD veterans films and putting them through Virtual Reality to help with their PTSD. :P

You stated that you will be a pencil pusher. What job will you have? Admin? Will you be happy doing this job? Think about this real hard.

If Admin is the job that you will have and you will not see any combat, then this tour will not help in the way that he is thinking. You might possibly be able to do admin duties. I do not see where admin duties will hurt you, with your PTSD. You could still snap under pressure and you need to think about this very hard. Your commander or any commander as far as that goes will not possibly put you in any type of combat mission if they are smart. I am not going to say that this is a bad thing for you. They are re-evaluating a lot of PTSD veterans right now trying to prove that they do not have a severe case of PTSD. This is a catch 22 like someone else stated. Technically I do not see them trying to take your PTSD disability pay away from you when you get out, but they can try this if you stay out or go in. In all probability, they will not decrease your rating if you do not go back into the service. They might consider giving you a C&P exam to try to re-establish a new rating, or to see how severe you are when you get out.

This is very tricky. You must have a job title that is needed real bad for them to let you back in. I am going to tell you from experience that a V.A. doctor is going to do whatever it takes in most cases to try to get your benefits decreased or not help you at all. I am wandering what this doctor is trying to do. Just be prepared for a fight after the fiirst year of getting out for a fight with the V.A.. They fight us hard to not give us a dime, and it seems that you got your disability faster than most veterans. You need to think about the future of your family and what is best for you and them, if you have any. I am just trying to make you think of others (your family) not just yourself. When you retire your rating will only offset any taxes that you have to pay, because you can not get both of them either. I do not agree with this at all. You should be allowed to get both at the same time like SS benefits and V.A. Disability benefits. I am sure that you are thinking about the money because 80% disability is not much to live on these days. You could go for 100% Permanent and Total disability since your ratings are so high, and then file for Social Security. This will benefit your family more than going back into the service and trying to get your retirement pay hegher. You really need to way your odds and think about the future instead of the present.

I hope that I made you think about all of your options. I would hate to see you regret doing this later. If you seem to feel like you are doing better now. Try to keep yourself that way. Did you like it when the PTSD was bad and you could not handle it? Going back in could trigger this. Are you willing to risk your (suicidal) life for this? Look at the entire picture, PLEASE. Before you do something that you will regret later in life. Anyone one this board would probably be willing to give up their disability pay to be able to work again. But they would have to ask themselves the same qeustions that I asked you. I am only 38 and I have been disabled for over 13 years. I would do anything to be able to go back to work today, but I can not do that. It took years for me to realize this and admit it to myself. Face it, You have a problem (PTSD) and it is not going to just go away because 1 doctor says that it can if you go back into the military. Look deep into yourself and think about what I have asked you. The question that you need to ask people on here is this: Do you think that this will help (cure) or hurt my PTSD problem?

[Berta]

Carlie- I agree with you entirely!

same point I made-

would the VA consider this Active Duty as a substantial improvement-------

After this TDY is done, it will be the VA and not the Mil that controls this vets SC comp.