Army N.G. and Disability

Discussion in 'Disability' started by cmcginne, Nov 30, 2006.

  1. cmcginne

    cmcginne New Member

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    My husband resently had his C&P exam for PTSD. The rater did document that he had PTSD and his GAF(think that is it) number was 59.

    My question is he is still a member of the Iowa National Guard and drills 1 weekend a month and etc. If from what I read correctly if he is rated at 30% or more he will be forced out of the guard? Is that correct? Or does Chapter 61 only apply to active duty?

    My husband just wants to get better and has said if he is discharged then he will deal with it. Since he has been in the guard for 13 years, I worry that it will be a huge "loss" for him.

    I guess my question is will he be discarged or not? does it depend on his rating?

    Thanks,
    Crystal

    I thought an 18 month deployment was bad......but then he came home with PTSD and depression! :eek: but it is slowly getting better(he has been home about 18 months now)
  2. damagedgoods

    damagedgoods New Member

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    Similar Situation

    Crystal,

    My husband is going through the same situation as your husband did in
    2006. I was wondering what the National Guard did with your husband. Mine is getting kicked out on a "Non-duty related medical discharge" for PTSD. We are currently fighting it. Any help would be greatly appreciated.
  3. TinCanMan

    TinCanMan Active Member

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    Crystal:

    Seems to me we had a guardsman here a whiel back that was service connected by the VA for PTSD at somewhere around 80% or better and still serving. I don't seem to be able to find that thread now. If he has a Line of Duty determination and was rated 30% or more by an Army MEB/PEB he could be retired as disabled, but that isn't a foregone cxonclusion. Afterall, we have active duty pilots serving with artifical legs. If he doesn't have that LOD, any benefit he receives will come from the State, not the Federal govt. Chapt 61 is a Chapter in the U.S. Code and has nothing to do with the state.
  4. Wolf

    Wolf New Member

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    You can be a member of the Army National Guard or Reserve component and have a VA disability rating. If you receive VA compensation and are on active drill status you will have to give up 4/30th of your VA compensation or 1/30th for each day of drill.
  5. damagedgoods

    damagedgoods New Member

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    TinCanMan,

    My husband is currently trying to get an LOD for his PTSD, and the National guard won't give him one. Instead they are sending him to get a Mental Health review. Why do we have to have the LOD to get any Federal benefits?

    Thanks,
    Damagedgoods
  6. TinCanMan

    TinCanMan Active Member

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    damagedgoods:


    I'm not much of an authority on the MEB/PEB process or how Reservists/Guardsman demonstrate their conditions are related to their service. You say your husband tried to get one. That seems to fall in line with what other Guard folks do. I don't specifically know what statute, regulation or instruction governs that. What I do know is that NG troops are state employees unless Federalized. Unless they are Federalized, compensation is a State issue, not a Federal issue. I'll see if I can find out an answer to that somewhere.
  7. TinCanMan

    TinCanMan Active Member

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    damagedgoods:

    It appears, as far as I can tell, an LOD is manditory if a Guardsman is seeking medical care in a Military Treatment Facility.

    Active duty members are assumed to always be in Line of Duty when injured and are entitled to treatment for injuries. Their service must disprove their LOD if they believe misconduct was an issue.

    Just the opposite is the case with Guardsman. If a guardsman claims an AD injury while no longer on AD an LOD must be conducted to prove LOD. See AR600-8-4 here: http://www.army.mil/usapa/epubs/pdf/r600_8_4.pdf

    The VA, on the other hand, will make their own determanation if a guardsman seeks compensation and/or treatment from the VA. An LOD isn't strictly necessary in this instance but can help prove the condition occurred on AD.


    Tricare LOD
    http://tinyurl.com/2eolqq

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