Posted on Jun 15, 2015
MSG Morgan Fiszel, CPCM, CFCM
9
9
0
I know someone that may deploy soon. They have a VA disability percentage of 70%. Will the Army let them deploy? Do you know anyone that has been in a similar situation that was allowed to deploy? Their position / branch / MOS is administrative.
Avatar feed
Responses: 13
CAPT Kevin B.
7
7
0
Fitness for duty is different from disability. Stuff that's managed like sleep apnea, migraines, high blood pressure, etc. usually isn't a problem. Those are a 50/30/30? typically on the VA scale.

Funny thing about VA disability. I get more credit for stuff that doesn't hurt me every day. 10% for a rebuilt knee that I worked like hell to get range of motion back on but can't sit on the ground for more than 5 minutes. I feel my overall is about right. Just the pieces are backwards.
(7)
Comment
(0)
Avatar small
SSG Human Resources Specialist
6
6
0
Edited >1 y ago
Yes you can deploy with a VA percentage. The Army's disability rating/medical process and VA rating have nothing to do with each other as they are based on different formulas. It all comes down to medical condition and severity. The individual must be found medical non-deployable at SRPand/or MOB station anyways. The other thing is has this Soldier undergone a MAR2/PEB/MEB and/or have they and been found as "fit and retained" IAW AR 40-501

Now the thing they do is inform VA that they are going active duty, provide order etc. otherwise they come up on a mismatch report.

If the veteran is the individual identified by the match as having returned to active duty, VA will send a notice of proposed adverse action to the veteran informing him/her that he/she has been identified by DOD as being on active duty as the result of a matching program concurrent payments are not permitted, and if a response clarifying the discrepancy is not received within 60 days, action may be taken retroactively to discontinue benefits based on the information furnished by the service department, resulting in the creation of an overpayment which the veteran may have to repay. (will have to submit VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances or a VA Form 21-8951-2. This form is essentially a blank version of Form 21-8951. It will not have the number of training days listed and you will need to self-report the number of days for which you received pay...big hint talk to someone at the VA regional office or have this Soldier talk to a VA Rep that they have designated via power of attorney)

Note: If after 65 days no response is received, the award is discontinued as of the date shown on the listing that the veteran returned to active duty.

The same for drill pay in the National Guard, they can receive compensation if they waive drill pay.

10 U.S.C. 12316 and 38 U.S.C. 5304(c) prohibit the concurrent receipt of drill pay and Department of Veterans Affairs (VA) disability compensation or pension.

Veterans who perform active or inactive duty training must choose the benefit they prefer and waive the other. Most Veterans choose to receive drill pay instead of disability compensation or pension because drill pay is typically the greater benefit. These Veterans must waive their VA benefits for the same number of days they received drill pay.

This is the law, and they cannot claim ignorance. They were informed by the VA when they received their VA Disability Rating Decision, found on VA Form 21-8764 – Disability Compensation Award Attachment. This form states their payments may be affected by receipt of active duty or drill pay as a Reservist or member of the Federally recognized National Guard.
(6)
Comment
(0)
CPT Pedro Meza
CPT Pedro Meza
>1 y
SSG (Servicemember), you are 100% correct.
(1)
Reply
(0)
SPC Medical Specialist
SPC (Join to see)
7 y
You would think a disability rating would have flagged the service member's file and they would no longer be eligible for deployments. In my day you couldn't even be taking aspirin or they would disqualify you from joining. Anyone on medication for the long term was discharged.
(0)
Reply
(0)
SSG Glenda Scott
SSG Glenda Scott
>1 y
Often times, the things that you receive disability payment for does not hinder the work you perform during deployment.
(0)
Reply
(0)
Avatar small
CPT Bob Moore
6
6
0
I deployed with a service connected condition, but I was only rated at 10% at the time.

The Army didn't even look at the percentage. We did predeployment physicals and the only thing they asked when I told them about it was whether I could do my job. It all really depends on the conditions that make up that 70% rating. For example, do they have neck and back issues that preclude them from wearing a helmet, body armor, etc.? Do they have a condition that precludes them from carrying a weapon? While I have never heard of someone deploying with a rating that high, I wouldn't say it is impossible.

If they do deploy, they need to let the VA know they are going on active duty and provide the VA with orders so they can stop their compensation payments. I do know that they cannot receive military pay and compensation payments at the same time.
(6)
Comment
(0)
MSG Morgan Fiszel, CPCM, CFCM
MSG Morgan Fiszel, CPCM, CFCM
>1 y
they can't receive both pay types at same time, correct. Your percentage populates on your PHA paperwork now, so the Army will become aware if they aren't already. Great response CPT Bob Moore.
(0)
Reply
(0)
SPC Medical Specialist
SPC (Join to see)
7 y
How can you get VA disability and active duty pay at the same time? If a person is fit for duty then perhaps they shouldn't be receiving disability at all.
(0)
Reply
(0)
SSG Glenda Scott
SSG Glenda Scott
>1 y
You don't get both. At the end of each fiscal year, the VA withholds your compensation pay for the number of days you were on duty. For example, if you were on duty 75 days last year, beginning 1 OCT, the VA will stop your VA payment for 75 days, or 2.5 months. or you can request they spread it out over the whole year.
(0)
Reply
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.

close