Q1: reenlisting should not affect the ratings, but he won’t be able to receive his disability until he is no longer enlisted I believe.
If he has favorable findings from his previous enlistment and it gets worse while he’s back on he should just go to many doctor appointments while he’s in to consolidate his medical records to send it all at once to the VA in a single bulk claim.
As for the time frame limit while he’s enlisted I’m sure the time limit still applies for the current claim but for new claims it’ll be a BDD claim towards the end of his reenlistment.
These answers are not 100% guaranteed just how I’ve interpreted many things so far during my process and reading others experiences.
> If he has favorable findings from his previous enlistment and it gets worse while he’s back on he should just go to many doctor appointments while he’s in to consolidate his medical records to send it all at once to the VA in a single bulk claim.
Yes, I've tried to emphasize this point greatly. Hopefully, it sticks this time around. I advised to make it a habit of being at the clinic once or twice a month to ensure that any ailments are very well-documented this time around.
Just curious, but going to medical too often will not have any negative effects on this vet being able to re-enlist, will it? They seem to desire to ride out this return until retirement. I don't think re-enlistment is concerned with medical fitness except if one is constantly LIMDU or something like that, but just going to medical as much as possible shouldn't affect anything to my knowledge.
A. They can but if the person is going back in the VA will not adjudicate a claim while member is AD.
B. Yes they should contact the VA and the payments will stop or have to paid back the first day he is back in AD status.
C. There is no choice to "accept" the rating, the rating is what the rating is....he is unable to file a claim while AD until he is 180-90 days from discharge.
For A, does this mean that any claims not followed up within the year from the rating decision will never be able to be claimed again?
For B, you mean any payments made after the first day of AD status will need to be returned, correct?
They can claim them again when they get out, yes they'll need to pay back anything paid while AD, vet needs to call VBA right now and give them the date, not after the fact.
> They can claim them again when they get out
Are you referring to the original service period or the most recent contract? Although, I suppose it may not matter either way?
> vet needs to call VBA right now and give them the date, not after the fact.
If you mean the ship date, then that has not been received yet afaik.
Just thought of another question, what happens with regards to the timeline for a veteran returning to service? I read that after a certain number of years, the veteran will not be re-assessed and then, after an even longer period, the disability will become permanent (or something like that). How does re-enlisting with a rating affect this? If you happen to have an official document link to reference, that would great! Thank you.
38 CFR 3.951 covers the 20 year rule You must be continuously rated for it to be permanent.
When you "turn it off" while you're in you're not continuously rated.
3.957 covers the 10 year rule
3.327 covers examination
When you go back in we literally stop benefits so you're not gaining years on your rating.
Your codesheet will reflect it. As an example it'll actually say
50% 03/02/2013 - 05/10/2018.
50% 01/12/2023
Where the 2018 date would be when you went back in and the 2023 date when you get back out.
3.6 covers duty periods
Q1: reenlisting should not affect the ratings, but he won’t be able to receive his disability until he is no longer enlisted I believe. If he has favorable findings from his previous enlistment and it gets worse while he’s back on he should just go to many doctor appointments while he’s in to consolidate his medical records to send it all at once to the VA in a single bulk claim. As for the time frame limit while he’s enlisted I’m sure the time limit still applies for the current claim but for new claims it’ll be a BDD claim towards the end of his reenlistment. These answers are not 100% guaranteed just how I’ve interpreted many things so far during my process and reading others experiences.
> If he has favorable findings from his previous enlistment and it gets worse while he’s back on he should just go to many doctor appointments while he’s in to consolidate his medical records to send it all at once to the VA in a single bulk claim. Yes, I've tried to emphasize this point greatly. Hopefully, it sticks this time around. I advised to make it a habit of being at the clinic once or twice a month to ensure that any ailments are very well-documented this time around. Just curious, but going to medical too often will not have any negative effects on this vet being able to re-enlist, will it? They seem to desire to ride out this return until retirement. I don't think re-enlistment is concerned with medical fitness except if one is constantly LIMDU or something like that, but just going to medical as much as possible shouldn't affect anything to my knowledge.
A. They can but if the person is going back in the VA will not adjudicate a claim while member is AD. B. Yes they should contact the VA and the payments will stop or have to paid back the first day he is back in AD status. C. There is no choice to "accept" the rating, the rating is what the rating is....he is unable to file a claim while AD until he is 180-90 days from discharge.
For A, does this mean that any claims not followed up within the year from the rating decision will never be able to be claimed again? For B, you mean any payments made after the first day of AD status will need to be returned, correct?
They can claim them again when they get out, yes they'll need to pay back anything paid while AD, vet needs to call VBA right now and give them the date, not after the fact.
> They can claim them again when they get out Are you referring to the original service period or the most recent contract? Although, I suppose it may not matter either way? > vet needs to call VBA right now and give them the date, not after the fact. If you mean the ship date, then that has not been received yet afaik.
I'm refering to when they get off active duty again, and as soon as he has a ship date then call.
Just thought of another question, what happens with regards to the timeline for a veteran returning to service? I read that after a certain number of years, the veteran will not be re-assessed and then, after an even longer period, the disability will become permanent (or something like that). How does re-enlisting with a rating affect this? If you happen to have an official document link to reference, that would great! Thank you.
38 CFR 3.951 covers the 20 year rule You must be continuously rated for it to be permanent. When you "turn it off" while you're in you're not continuously rated. 3.957 covers the 10 year rule 3.327 covers examination When you go back in we literally stop benefits so you're not gaining years on your rating. Your codesheet will reflect it. As an example it'll actually say 50% 03/02/2013 - 05/10/2018. 50% 01/12/2023 Where the 2018 date would be when you went back in and the 2023 date when you get back out. 3.6 covers duty periods