Regards,

Robert

Let me do some research on this, I’ll be at my VA office Thursday,13 March.

But if I remember right individuals who take severance buy out, then they are SOL on getting what the VA would pay.

I would go for a Medical Discharge and Make sure everything is on your medical records.

Also make sure you get copies of all Medical records down to even any and all Sick Slips.

I did some research and here is what I found out.

IF you take the SEVERANCE BUY OUT, and Try to get VA Disability PAY.

They will collect all the Severance pay Back before the VA will pay you any Disability Pay.

BOTTOM LINE Don’t DO IT.

You will not receive Major ’s pay until you get promoted.

1. Who did he receive the 80% disability rating from, The VA or the National Guard?

2. With out a lot more information it’s hard to say what will happen to him. He could be Medical Discharged from the Guard,or put on a medical hold.

3. I can not and would not say this or that would happen to him, it would not be fair to you or him. If I said that this will happen I could be 180 degree off.

That sounds like a VA rating, as you do not mention the Army disability system processing anything. I left active duty in 1988, after working at the Army Physical Disability Agency at Walter Reed, and I was ultimately rated by the VA at 10%. I then went into the Army Reserves, and I had to waive my VA payments while serving in the reserves. I am not certain, but it sounds like your husband will have a choice to make — leave the Guard and take the VA payments based on the 80% disability rating; or remain in the Guard and waive the VA payments. At this point, getting to 20 years of total service may be more important to him than currently receiving VA disability payments. That will be a very personal decision. I wish you both the best!

Confused, husband would have taken a physical to enlist in the National Guard, IF he had 80% disability when he tried to join the Guard they would not have let him.

All Guard personnel ARE REQUIRED to take a PRE Deployment physical. IF a individual does not meet the physical requirements then they are put on a medical hold or discharged.

The individual could be given a disibility rateing at that time, the rateing could be service connected or not.

Some disabilities do not make one unfit for service, regardless of the rating percentage. I represented numerous soldiers while I was on active duty who were rated at high percentages under the VASRD, but who we were able to show were still fit for duty (i.e., could pass PT tests and perform the duties of their MOS). Therefore, they were permitted to stay on active duty, and the VA was never be involved until they separated or retired (since they still had service-connected disabilities).

“All Guard personnel ARE REQUIRED to take a PRE Deployment physical. IF a individual does not meet the physical requirements then they are put on a medical hold or discharged.”

Again, someone who the VA might rate as 80% disabled might also easily be able to pass an entrance physical, PT test, and perform the duties of the MOS.

“The individual could be given a disibility rateing at that time, the rateing could be service connected or not.”

If the person was able to pass the physical, there would never be a medical evaluation board or physical evaluation board process, and no rating would be given by the Army because fitness for duty is always the first determination. That is why those who are outprocessing (separating or retiring) are not entitled to disability ratings from the Army, even for a service-connected disability — just from the VA.

I could be way off base here, but it sounds like the soldier was allowed into the National Guard while the VA claim was pending. Similarly, I entered the reserves while my VA claim was pending. If that is true, then he can likely stay in the Guard (assuming he is physically able and is performing to the satisfaction of the command) and waive receipt of VA disability payments, or leave the Guard take the VA disability payments. I certainly do not believe he can do both.

I have to disagree with you, After active duty I joined the National Guard full time, and retired as a 1SG, One of my full times jobs was Personnel Sgt for the State Headquarters for the State National Guard.

With out additional Information it is hard to say what the individual is entitled to.

NGR 600-200 list the requirements for enlistment in the National Guard. Also the individual has to meet the PULLES for enlistment.

Just because his LES shows 18 years for pay does not mean hes has 18 years for retirement.

She did not say if the 80% disability was from the VA or the Guard.

I have VA medical benefits though not service related. I am fortunate to have that given the cost of medical insurance. I have yet to use my VA loan. The home loan will have to wait awhile.

I will keep up with the blogs and now I know who I can go to for any VA questions I have.

Exactly the same situation here, but you can get can VA dis and drill pay at the same time, just not both on the same day. you can elect to waive the VA pay on the days that you have drill, not the whole month.

The only way to get answers is to write to your congressman. they will start at the top and work their way down, not how we have to start and the bottom and work up. Believe me it works, i had to do it, i am only 60 with the VA, gave them my paperwork and they were taking forever so I wrote to my congressman a month ago and i got my paperwork to elect which way to get out today. CONGRESSMAN is the only way to go,they cannot say anything to you about it either, that is your right.

SPC US Army