a military question...

[JaamE]

Keep in mind he's Reserve, and always has been. He came back from Iraq with back injuries that are hampering his civilian job. Sought help through the VA, got a letter detailing his injuries but basically no help, medically, with fixing it beyond pain pills and Valium (that he wont take). He opened a claim of some sort regarding disability and they gave him the impression that they would pay him disability and retrain him for a new civilian job. He was looking into going back to school.
All of the sudden I hear no more about that... besides that the VA told him they can't fix his back and that mentally he's fine (he's not and we're pursuing more mental health care from them). A friend said if he gets disability he's OUT and will not be able to retire or get the retirement pay. And if he retires he can't get disability. If he tries to stay in until he can retire he's going to lose his civilian job because he just can't do it anymore with this back injury. While I'm all for him going back to school (he really wants to) we still have to be able to pay the bills and I MUST have healthcare. I can't really talk to him about it w/o him knowing i was talking to other people about his business (he hates that) and I'm inclined to think my friend was right and now he's just hiding that from me because A) he's disappointed that he believed their BS and B) he really wants to get the retirement (he thinks that's an honorable end to the whole thing). He knows I'd rather have him OUT than have any more money if he stays in. He knows I'm prone to arguing about it and I'm sure he doesn't want to enter into a discussion about it with me but I kinda need to know what the heck is going on.

[Storymama]

Jon deals with this routinely, but unfortunately he is away through next weekend. If you don't have answers, please bump this next week and I'll show him your post.

[~PQ]

I'm not sure I get what you're saying, but he CAN collect VA disability AND be retired, I know a lot of retired people who get VA disability ratings and get a check a month for it on top of their regular military retirement check and benefits.

He can't get disability and stay active, this is true- because that would essentially be saying he is not physically up to par for a soldier, sailor, or airman and therefor should not be allowed to stay in service.

A lot of people opt to stay in for retirement benefits and pay, and seek out VA disbaility upon retiring though. Its very common.

[mirage1]

And if he retires he can't get disability. If he tries to stay in until he can retire he's going to lose his civilian job because he just can't do it anymore with this back injury. ... I kinda need to know what the heck is going on.As PQ said, he CAN retire and get disability--but the way it works is that the % you get for disability comes off the top of your retirement pay. The disability isn't taxable, though, so you're better off if you DO get some disability because you end up with more in your pocket.

You said "if he tries to stay in he's going to lose his civilian job because he can't do it..." It sounds like he can't do his civilian job, period, right? If his back is bothering him so badly that he can't do it, then what does staying in the military have to do with it?

And finally, it doesn't sound like you knowing the facts will really make a difference, will it? He's going to do what he's going to do. I hope *he* knows the facts and is making an informed choice, though.

[~PQ]

As PQ said, he CAN retire and get disability--but the way it works is that the % you get for disability comes off the top of your retirement pay. The disability isn't taxable, though, so you're better off if you DO get some disability because you end up with more in your pocket.

You said "if he tries to stay in he's going to lose his civilian job because he can't do it..." It sounds like he can't do his civilian job, period, right? If his back is bothering him so badly that he can't do it, then what does staying in the military have to do with it?

And finally, it doesn't sound like you knowing the facts will really make a difference, will it? He's going to do what he's going to do. I hope *he* knows the facts and is making an informed choice, though.

Hey Margie, just a heads up but they are actually phasing in full concurrant receipt, it's supposed to be 100% in 5 yrs I believe, so you can get both full retirement AND full disability. I know a few who have retired in the last yr and the check they get for disability is pretty hefty. Not sure how I feel personally about full concurrant receipt, but it's good for those who depend on that income to live.

[mirage1]

Hey Margie, just a heads up but they are actually phasing in full concurrant receipt, it's supposed to be 100% in 5 yrs I believe, so you can get both full retirement AND full disability. I know a few who have retired in the last yr and the check they get for disability is pretty hefty. Not sure how I feel personally about full concurrant receipt, but it's good for those who depend on that income to live.That's interesting! Thanks. (That could be me some day!)

Edited to add: I just looked this up (http://www.military.com/benefits/military-pay/retired-pay/retired-concurrent-receipt-overview) and apparently it's only if you're got more than 50% disability. I don't know if that would help J's DH, because unless his back injury is really life-altering I don't know if he'd get that much.

[jerzymama]

Keep in mind he's Reserve, and always has been. He came back from Iraq with back injuries that are hampering his civilian job. Sought help through the VA, got a letter detailing his injuries but basically no help, medically, with fixing it beyond pain pills and Valium (that he wont take). He opened a claim of some sort regarding disability and they gave him the impression that they would pay him disability and retrain him for a new civilian job. He was looking into going back to school.
All of the sudden I hear no more about that... besides that the VA told him they can't fix his back and that mentally he's fine (he's not and we're pursuing more mental health care from them). A friend said if he gets disability he's OUT and will not be able to retire or get the retirement pay. And if he retires he can't get disability. If he tries to stay in until he can retire he's going to lose his civilian job because he just can't do it anymore with this back injury. While I'm all for him going back to school (he really wants to) we still have to be able to pay the bills and I MUST have healthcare. I can't really talk to him about it w/o him knowing i was talking to other people about his business (he hates that) and I'm inclined to think my friend was right and now he's just hiding that from me because A) he's disappointed that he believed their BS and B) he really wants to get the retirement (he thinks that's an honorable end to the whole thing). He knows I'd rather have him OUT than have any more money if he stays in. He knows I'm prone to arguing about it and I'm sure he doesn't want to enter into a discussion about it with me but I kinda need to know what the heck is going on.

http://www.dav.org/

25 years AFTER WWII. DH also has a disability rating - we were very very fortunate, the process was (scarily) seamless for us. It definately helped that we were CG (small service with good medical records) and that DH was career military (had already done 20) and his disability was a very straightforward dx. We didn't need the DAV, but I spoke to them on the phone a couple of times to keep check that things were in fact progressing as they should.

The DAV (Disabled American Veteran's) is completely FREE; they stick with your claim; they are up to date on all the regulations, etc. When you hit a glitch in the system, there is really no good way you can move forward on your own - I highly highly recommend them. Your DH was injured while AD, plus he's likely suffering some form of PTS (who wouldn't be?) - there is no reason NOT to pursue any entitlements - some of this will be a matter of just not giving up and letting it all go.

The problem with these kinds of things is not so much the BS - it's that often the first line of communication are with new employees or simply people who are not aware of ALL the rules. Never ever take the word of *someone* said. Nearly every step in the VA process requires something proactive on the members part and the only things you should take seriously are IN WRITING. Carefully read whatever paperwork you've rec'd. If you've heard *no more*, it's likely that your DH did not fill out and/or send in the next round of paperwork.

One thing that will continue to be very important and only you can take care of this is to make sure your DH sees the dr. as frequently as he can and make sure EVERYTHING is documented.

I dont know how many years your DH has been in - but there are regulations regarding whether he CAN be medically retired. I read one regulation that said 18 years is the point of no return. They *can't* medically discharge you after 18 years. But there are all sorts of other calculations, etc. You cannot go by what friends say, etc.

Please call the DAV. Good luck and don't give up.

[jerzymama]

That's interesting! Thanks. (That could be me some day!)

Edited to add: I just looked this up (http://www.military.com/benefits/military-pay/retired-pay/retired-concurrent-receipt-overview) and apparently it's only if you're got more than 50% disability. I don't know if that would help J's DH, because unless his back injury is really life-altering I don't know if he'd get that much.

VA ratings are cumulative - J's DH back PLUS his emotional issues may very well give him a combined rating of 50% or more. FWIW, my observation (and this is from hearing about retirees claims) back injuries are frequently given 50% ratings - w/o rendering the member *unemployable*. Conversely you can have an 80% rating and not be *unemployable*. It's all very individual and considered on a case-by-case basis.