Army National Guard and 80% VA disability

Question:

My husband is in the Army National Guard - Minnesota. He is rated 80% with VA - sleep apnea and ringing in ears with wrist pain. Last summer they refused him to train with AT, and are now saying this summer, due to his medical records, he is undeployable and want him to draft a letter stating that he is disabled and can no longer perform Army duties. He does not feel like he is unable to complete duties, and when asked, they will not let him know what is disqualifying or what he needs to submit to correct paperwork. They are just demanding a letter written from him, generally stating his 'disabilities' are restricting him from duty. Is there a way to access what is causing this undeployable status? Should we write the letter? He has 13 years in. Thank you.

Jim's Reply:

Whether one is fit for duty...able to accomplish the demands of the MOS under stress...is always a bit controversial. DoD publishes a list of what would make one unfit for duty but the list isn't complete and depending on the needs of the military, some things may be enforced or not.

The military upsizes and downsizes like any business would and it will always happen that those who may be marginally qualified for full duty in their MOS are going to be offered a path out.

Realistically, an 80% disability rating is a lot. To be honest I'm not sure I want my battle buddy to be that disabled. Once you have an 80% rating, you can't stand up and say "It's really not that bad" because...why did you apply for all that if it wasn't all that bad? Is he willing to give up the VA benefits?

It's my experience that once this process is started it's best to make the best deal for yourself that you can and retire. If he fusses, he may get pushed aside with fewer benefits.

 

 


Source URL: https://statesidelegal.org/army-national-guard-and-80-va-disability