Posted on Jan 27, 2023
CPT Fleece Johnson
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I did just over 10 years active duty and timed my transition out to start terminal leave pretty much right as the covid vaccine was mandated. Left and went to Florida for a year of self employment before getting into federal Civil service now that the health stuff has died down. With the covid vaxx mandate being rescinded, I am interested in the Reserves to be able to retain the rank, keep serving in some capacity, and set myself up for the future, but I have a 60% VA rating, with PTSD being part of that. (Name isn't real, so no worries about private info). I know that if I get drill pay and elect to keep that, I would just forego the pro-RATED VA amount for those two days, but how is it currently entering the Reserves with that sort of condition and rating? I like my va money and don't want to lose it by saying everything is perfectly fine just to get approved to go back in. Is the recruiting environment bad enough that I'll be welcomed back easily?
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Responses: 11
COL Randall C.
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Edited 2 y ago
1LT (Join to see) - "you cannot lose your disability rating" is not entirely correct. The VA can, and does, periodically review claims*. What you described is what is considered a "protected rating" from the "20 year rule" or the "55-year-old rule".

10-year rule: A rating that has been consistent for 10 years or more cannot be eliminated (or severed, as the VA refers to it) unless there is proof of fraud, but a rating can be reduced if the condition has improved.

20-year rule: A rating that has been in place for 20 years or more at a certain level cannot be reduced below that level or eliminated unless there is evidence of fraud.

55-year-old rule: Veterans who receive VA disability benefits for service-connected conditions are exempt from periodic future examinations once they turn 55 years old (with exceptions for 'unusual circumstances' such as 100% rating for an active cancer)

The VA generally goes by a "5 year rule" when looking at initial claims. If the condition you were given a rating for is expected to show marked improvement over time, then they'll likely reevaluated it (e.g., long term rehabilitation on an injury, etc.). If they condition is deemed 'static' or permanent, then they will likely never look at it again.

Other than that, think of it like a IRS Audit ... occasionally the VA will review a claim and ask for more information (just like an IRS paper audit), or if there is something indicating a marked change, a full reevaluation (there are different steps in-between as well).

Of course, if there is any indication of fraud (i.e., the disability you have a rating for doesn't exist anymore), all bets are off and none of the 'rules' apply.

CPT Fleece Johnson - to your situation, I would absolutely encourage you to go back into a drilling status with the reserve component to 'finish out your 20'. Even if you never go onto active duty again, you'll get something in the vicinity of a 12%-13% retirement when you turn 60 (~3650 points now with another ~780 over the next 10 RC years). It's not unreasonable to believe you'd make O5, so that would be about $17k or so a year (in today's terms).

Add onto that the eligibility for TRS while in a drilling status (which you would be hard pressed to find a better health INSURANCE than that on a civilian plan).

Now, the only thing to forewarn you about - your VA disability rating doesn't matter - it's all depends on your ability to meet the standards of medical fitness (AR 40-501). If any of your disabilities conflict with any of those standards, you might have some 'splain to do (for example, if you had a rating for sinusitis, limited range of motion in a joint, etc).
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* CFR 38 § 3.327 (VA Reexaminations) - Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect.
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CPT Lawrence Cable
CPT Lawrence Cable
2 y
1LT (Join to see) - Your VSO's main job is to get you through the application process. All the information Col. Cudworth just gave is readily available on the VA site and if you are pulling 60%, you need to take some time and go through all the rules.
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1LT Chaplain Candidate
1LT (Join to see)
2 y
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CPT Lawrence Cable
CPT Lawrence Cable
2 y
1LT (Join to see) - It also becomes permanent at age 55. There are exceptions to all of this stuff, but generally speaking, after 55 they would decrease your rating.
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Lt Col Scott Shuttleworth
Lt Col Scott Shuttleworth
>1 y
Spot on Colonel...I recentlyhad one reviewed and they wanted to decrease one of my ratings even wtih proof it had not gotten any better. I am good now at 70% and over 55 so I will just leave it there and not be greedy. Just do your homework Fleece and make an informed and educated decision.
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1LT Chaplain Candidate
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Edited 2 y ago
I have done about 15 years, half of that active, the other reserves. I too have a 60% rating. I forfeited some money every year but it was still worth it. I am heading into the reserves now, this time as an 02E and plan to do the same thing, but I still have to work the math.

Getting that sweet, sweet Tricare is worth it. Contributing to the TSP is great too. Having that option in your pocket to get work when you need it can be a lifesaver as well (funeral details, odd jobs around the unit, etc.). Lastly, continuing to serve is an absolute privilege. Through all the suck, it brings me joy and pride.

So, I would say despite the potential challenges, go for it sir. I never had a problem handling my disabilities, just had to take care of myself.
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CPT Fleece Johnson
CPT Fleece Johnson
2 y
Thank you, I appreciate your reply. Yeah, as an Army civilian now, I can buy those 10 years of active back and have it count to civilian retirement. Was doing a few years of tsp matching since 2018 when I opted into BRS, so the 10 years wasn't in vain. Also, doing some time in the Reserves could add another future retirement and like you said, open the door to work if I ever ran into issues with the current job and needed to look for some active orders. Not all money though, like you said, getting to serve again would be nice. I didn't realize how much I missed some of it til about month 6 of being out.

When you mention the disability, do you foreseeing losing out just the pro-rated amount or more along the lines of possibly needing a waiver/having to say the condition isn't that bad and losing out on that va rating because now you have a medical record saying you're fine?
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1LT Chaplain Candidate
1LT (Join to see)
2 y
CPT Fleece Johnson No, you cannot lose your disability rating. I asked some of these questions when I came off active for the second time. If you go back in, you go in with your rating. No one can change it. The only re-evaluation will be when you ETS again, because you will be filing another VA claim.

But ultimately, this is a question for a recruiter. You should call one up!
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CPT Fleece Johnson
CPT Fleece Johnson
2 y
1LT (Join to see) definitely. Some of the guys at my work were telling me about how unique and flexible certain types of reserve units can be with drilling and sometimes it can all be done at once in like 42 days instead of the two weeks a year and one weekend a month. I'll have to get started soon as I believe I have about 8 months left to enter and keep.the same rank
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LTC Self Employed
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I did nothing at 10% disability rating and I was still Drilling and going through annual training and they just withhold the prorated amount. I don't think you will lose that much. If you do not think, it'll take a couple years for them to figure it out.
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CPT Fleece Johnson
CPT Fleece Johnson
2 y
LTC (Join to see) and yes, as you know, I definitely had enough of the health stuff and put in my paperwork back in January of 2021 as I knew the vaxx mandate was coming. Moved to free Florida and it was a nice reprieve while I waited for all the medical tyranny to die down. Based on all the athletes collapsing, people dying suddenly, vaccines not stopping transmission, and now the pfizer footage coming out, I definitely feel better going with my gut on this one.
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LTC Self Employed
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CPT Fleece Johnson I'm glad you're in the Free State of Florida. United States still has restrictions for those coming into the USA legally that they have to have proof of vaccination to come into the USA.
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LTC Self Employed
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CPT Fleece Johnson if you are in the inactive ready reserve, you can still do tours and missions if you want through the Army Reserve. You can be someone that would be considered an augmentee inside the United States in case you wanted to do some mission stateside.

I don't know how this would work if you do not have a valid CAC card. They may make one for you I guess if you are in the irr? I am now in the retired Reserve collecting my pension. I started late in life. Went through basic training at age 31. I went to military police school at the Old Fort McClellan army base when it was still active duty. I was the oldest person to graduate from my training company. I came in second place in the two mile run doing a 12 minute 2 Mile. My push-ups and sit-ups were just okay but I don't think I did a book 260 while I was in basic but when I went through OCS I was doing 290 and above. I didn't get commission until I was almost 34. I was a captain until about 50 years old. Major at 51 and Lieutenant Colonel at 56 years old. It was strange to be the same age as the one-star general AGR of my one-star command. I'm sure you're still young so if we get conservative leadership in 2024, maybe you can go back in the Army Reserve, National Guard or active duty. I know the reserve units have access to a database called mob cop or Tour of Duty. I know a lieutenant colonel who's been on active duty orders in the Army Reserve for about 7 years. He's worked many different areas and he's working at the Army Reserve headquarters. Your employer does not have to know so if you are choosing a mission, the laws concerning that esgr. Employer support of the guard and Reserve has Liaisons that work with your employer in a dispute and if that doesn't work, the Office of the Attorney General of the state you're in will put pressure on your employer to reinstate you or they get fined heavily.

I remember reading about some officer who came back from a deployment and his employer said that his position was no longer available but they actually hired somebody for his position later and he was able to Sue and get compensation for this.

You can also do what others have done and go AGR. In my one-star command, the G3 actual, the assistant g3s and people all the way down to E5 in the different s shops were full-time AGR. They got to go to active duty schools. They worked Monday through Friday and the occasionally got a floating holiday I forget what they call it. They also had DOD civilians as high as gs15 that were also Army Reserve soldiers in subordinate units. So the AGR program is like an active duty for the Army Reserve and you can get a PCS to a different part of the country. You may already know this. I don't know if your disability rating will be an impediment.

I wouldn't worry about it but I know the Army is going to be hurting for people now that we've lost tens of thousands of National Guard and Reserve people due to politics and not the science.
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A1C Medrick "Rick" DeVaney
A1C Medrick "Rick" DeVaney
>1 y
CPT Fleece Johnson - .... It Was ACTUALLY My VA Medical Doctor, Primary, Who Disabled Me......
I Was Fine Before, But On My FIRST Appointment Issues Started....
They Said I'm Bi-Polar Although I KNEW I'm NOT.
Then, Of Course Issued Wrong Medication ~~ DROVE Me NUTS....
..9 YEARS Later, ~Problem SOLVED ~ Took Me OFF Medication.. ~ That Was ALL...~~
During That Period I Began Having A Liver Infection... My Primary Contributed My Illness To My Becoming Older...~ Kept Becoming More & More Ill, As YEARS Passed By.... "Nothing In Your Blood Test Show Much, EXCEPT,, You White Cell Count Is A Little High".....
This Went On For YEARS Because HE Couldn't Find The Problem & REFUSED My Request For A Complete Physical "Because I Can't Justify The Cost."
It Got SO Bad I Was Taken To ER ~Had Emergency Surgery And A MONTH In The Hospital. 2 weeks VA ~ Two More At UMC......
I Was Transferred To UMC Because, As I Discovered, They Have A HELICOPTER PAD... In Case I Needed To Be Flown To KAISER HOSPITAL , In L.A...... Talk About SICK?,,, OMG, And I'm Serious, I just WANTED To DIE.....
And These Are Just TWO Events, Of Which There Were MANY .....
I'm Finally On MEDICARE... My Thank's To The Gods~~~
BAS~TURDS Almost KILLED My.........Literally..
ER Doctor Stated (paraphrased, I don't recall his EXACT Words)
"Had You Waited Until Morning To Be Brought In,
You'd Not Have Been Found Alive"...
Thank You VA ~ You SOB'S....
Actually Mostly My Primary...
I Needed YOU Like I NEED Bleeding Hemorrhoids,
Soaking In Warm Salt Water....
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