Posted on Jan 5, 2024
Can I somehow Re-enlist with a 90% disability rating if none of my disabilities hinder my ability to deploy or train in any way?
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My ETS from the army was about a year and a half ago, I received a 90% disability rating for various issues: most notably my herniated discs. None of my "disabilities" hinder my ability to deploy or train in any way. I have spoken to an active-duty recruiter as well as a National Guard recruiter about enlisting again, and they both gave different answers. The active-duty recruiter told me that I was completely disqualified due to some of my medical issues (he didn't specify which ones) and the national guard recruiter told me that I would have to do a medical waiver which would take away my disability and even then, I still would not be guaranteed a chance to reenlist and if I were to go through with it and I was declined an opportunity to enlist then I would have to fight to get my disability rating back through the VA, neither recruiter seemed like they knew much on the topic and they both gave me separate answers so I'm skeptical. I realize that in many ways the national guard and active duty are very different so they could be correct but judging on my past experiences with recruiters I think it's better to check for myself. It just doesn't make sense to me that the army would not let me re-enlist after separation due to a medial issue that they knew about while I was in and were more than willing to let me stay in with before I separated. I'm determined to find a way back in and if anyone at all has any information or suggestions on how I can make that happen it would be greatly appreciated.
Posted 11 mo ago
Responses: 8
The standards of medical fitness are the same on active duty or in the reserve component - you either meet them or you don't. If you don't meet one of the standards, then it may or may not be waiverable, depending on what it is. So, there should be no difference about your eligibility from either recruiter.
Keep in mind though that the standards of medical fitness for enlisting (or reenlisting) are more stringent than the standards of medical fitness for retention. You may have a condition that won't allow you to enlist, but if you are currently serving, wouldn't disqualify you from further service. So yes, it makes perfect sense that they wouldn't allow you in with a condition that you had before you were discharged. IF you had reenlisted within 12 months of discharge, then the enlistment standards wouldn't have applied. After 12 months, you have to meet the same medical standards as a fresh recruit.
As to a medical waiver taking away your disability - No, it won't (well, not automatically). You cannot collect VA disability at the same time as collecting a military paycheck. If you go back onto active duty, then any disability payment you have will be suspended for the duration of your active duty service. If you join the reserve component, then you won't receive a disability payment during drills, annual training, schools, etc., but you will still receive it while your not performing military duty.
Back to it being taken away. You were given a disability rating by the VA for the impact your disabling items from your military service would have on your future. If you reenlist and receive a waiver to enlist despite the disability, it doesn't make the disability go away. If on the other hand, you receive a waiver because the disability is not as limiting as the medical records state - Yes, that could affect your future VA rating.
I said "not automatically" because it's not like the Army will send a notice to the VA stating that your herniated discs aren't as limiting as your records indicate. However, when you are initially given a VA rating, buried in the packet you received should be an overview of when the VA will reevaluate your disability rating. Generally, the VA will do a reevaluation of your disabilities in the first two to five years after your initial rating - UNLESS you were granted a "permanent" rating on a disability. The reevaluation can be a records review or they may schedule your for a follow-up C&P exam if, based on your disability, there is a likelihood that it would improve over time.
This is where the "disconnect" could come in with the VA. Your records are going to be known to the VA (they'll pull the most current records when they do a reevaluation). If that 90% rating was because your herniated disc was so severe that it had a major impact, frequently had a moderate impact, etc., then the examiner would rightly question how you were able to reenlist with such a condition.
Bottom line - a disability rating from the VA, regardless of what it is (with one exception - if you were granted an Individual Unemployability rating), will not by itself prevent you from reenlisting - it is entirely dependant on the standards of medical fitness.
However, looking at the standards of medical fitness (DODI 6130.03), a "History of lumbar disc pathology, including, but not limited to, bulges, herniations, protrusions, and extrusions associated with symptoms, treatment, or limitations of activities of daily living or a physically active lifestyle, in the previous 24 months or any history of recurrent symptoms" (section 6.16h) is a disqualifying condition for which you would require a medical waiver.
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* DODI 6130.03 Volume I - Medical Standards for Military Service: Appointment, Enlistment, or Induction - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/613003_vol1.PDF
* AR 40-51 (Standards of Medical Fitness) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN37720-AR_40-501-002-WEB-4.pdf
Keep in mind though that the standards of medical fitness for enlisting (or reenlisting) are more stringent than the standards of medical fitness for retention. You may have a condition that won't allow you to enlist, but if you are currently serving, wouldn't disqualify you from further service. So yes, it makes perfect sense that they wouldn't allow you in with a condition that you had before you were discharged. IF you had reenlisted within 12 months of discharge, then the enlistment standards wouldn't have applied. After 12 months, you have to meet the same medical standards as a fresh recruit.
As to a medical waiver taking away your disability - No, it won't (well, not automatically). You cannot collect VA disability at the same time as collecting a military paycheck. If you go back onto active duty, then any disability payment you have will be suspended for the duration of your active duty service. If you join the reserve component, then you won't receive a disability payment during drills, annual training, schools, etc., but you will still receive it while your not performing military duty.
Back to it being taken away. You were given a disability rating by the VA for the impact your disabling items from your military service would have on your future. If you reenlist and receive a waiver to enlist despite the disability, it doesn't make the disability go away. If on the other hand, you receive a waiver because the disability is not as limiting as the medical records state - Yes, that could affect your future VA rating.
I said "not automatically" because it's not like the Army will send a notice to the VA stating that your herniated discs aren't as limiting as your records indicate. However, when you are initially given a VA rating, buried in the packet you received should be an overview of when the VA will reevaluate your disability rating. Generally, the VA will do a reevaluation of your disabilities in the first two to five years after your initial rating - UNLESS you were granted a "permanent" rating on a disability. The reevaluation can be a records review or they may schedule your for a follow-up C&P exam if, based on your disability, there is a likelihood that it would improve over time.
This is where the "disconnect" could come in with the VA. Your records are going to be known to the VA (they'll pull the most current records when they do a reevaluation). If that 90% rating was because your herniated disc was so severe that it had a major impact, frequently had a moderate impact, etc., then the examiner would rightly question how you were able to reenlist with such a condition.
Bottom line - a disability rating from the VA, regardless of what it is (with one exception - if you were granted an Individual Unemployability rating), will not by itself prevent you from reenlisting - it is entirely dependant on the standards of medical fitness.
However, looking at the standards of medical fitness (DODI 6130.03), a "History of lumbar disc pathology, including, but not limited to, bulges, herniations, protrusions, and extrusions associated with symptoms, treatment, or limitations of activities of daily living or a physically active lifestyle, in the previous 24 months or any history of recurrent symptoms" (section 6.16h) is a disqualifying condition for which you would require a medical waiver.
----------------------------------------------
* DODI 6130.03 Volume I - Medical Standards for Military Service: Appointment, Enlistment, or Induction - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/613003_vol1.PDF
* AR 40-51 (Standards of Medical Fitness) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN37720-AR_40-501-002-WEB-4.pdf
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90% but it doesn’t effect your deployability?
On the surface I have to be honest on how odd that sounds.
The AD response was expected because the medical readiness expectation for AD is higher. The Guard recruiter is being outwardly optimistic but it’s not for him to decide. He left it up to the board.
Feel free to apply but I think you may be better served looking at some other way to serve. Plenty of ways to get out there and serve other than the military
On the surface I have to be honest on how odd that sounds.
The AD response was expected because the medical readiness expectation for AD is higher. The Guard recruiter is being outwardly optimistic but it’s not for him to decide. He left it up to the board.
Feel free to apply but I think you may be better served looking at some other way to serve. Plenty of ways to get out there and serve other than the military
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I've personally known folks that had 90+% rating. They received Point but never pay based on their rating. Which caused headaches for the Commands because they were considered Non-Participants which is a Red hit for unit metrics. If they did receive pay, then their ratings stopped but still accrued a debt (still not sure how that happened). From viewing from both sides, it's too big a hassle. Amd when you mix all this with the Medical standards that would cause you to request a waiver, MEPS and USAREC would more than likely deny it. In all honesty, your odds are not good.
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