collecting disability comp and drilling national guard member

Discussion in 'Active Duty' started by marklpratt, Dec 12, 2008.

  1. marklpratt

    marklpratt New Member

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    I collect 60% disability and still drill in the national guard. one as long as I can fulfill my duties can I still be a member and two am i obligated to divulge info regarding my disability and the %? I have turned in the paperwork for prorating my disability due to my drill pay.
  2. TinCanMan

    TinCanMan Active Member

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    I'd suspect all of this would depend on what your state has to say about it. I don't know of any specific Federal protections.
  3. SFC Ret

    SFC Ret New Member

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    If not mistaken - I came across this similar situation a while back. You may have to contact your VA office for more clarification.

    Your benefits should not be paid while you are in "active" service. If you are an actively participating member of a reserve or national guard unit and getting paid for each training weekend, you might not be able to get full VA disability pay and you definitely will not be able to get retired military pay (that would have to be waivered in lieu of milpay for training, as you accumulate points for retirement for each time you go to train). You are supposed to disclose any and all activities to the VA and your PAC section for submission. Now there is a clause where you might be able to circumvent some of it by participating for "points only" with no pay. Few cases have been accepted, but most commands would prefer to have more control over their members for deployment purposes.

    I remember bringing this subject up with my DAV counselor and he said that while you are in service, you can't collect. Disability pay was created for injuries and health related problems that were service related and therefore would be payable after you sever yourself from service; if you get back in, your payments stop until you get discharged again, but would have to reapply for disability.

    Now the question comes to mind as to how you could get back into service being 60% disability? That would bring up a question to anyone concerned as to your fitness for service. Of course, we don't know what is ailing you and at this point it is moot. But the point of you being 60% is questionable... as to why you are rated as such and still in service; where you should be medically retired? and if so, should not be in service at all.

    I may be wrong but that is how it comes across... sorry if there is a misunderstanding on my part. ;)

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