Service connected - medically disharged reservist post 9/11

Hi all,

Not sure where to post this, hope someone can help me out.

I was service connected and medically discharged out of the Airforce Reserve. I am now trying to increase my post 9-11 benefits to 100%, as the VA states, anyone who served 30 or more days and is service connected and medically discharged is entitled to 100% post 9/11.

Of course the VA is stuck on their ways wanting a DD-214 stating I was medically discharged however, reservist do not get that. Usually, because we come off our active duty orders way before the MEB/PEB makes the decision. I have sent the VA everything they have asked for yet they are still giving me the run around and delaying things.

Has anyone gone through this? If so, what actions did you have to take? Thanks in advance and thank you all for your service!

Jay
 
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Thank you gsfowler for the reply! I have reached out to them via that link, however with such a "complicated" question they advise me to call. I am sure this will eventually get hashed out, however it is taking much longer than it should. I am sure someone out there has ran into this and knows exactly what I could do to get this done. Amazing how the military and VA fail to communicate with each other.
 
Common sense would tell me that all you need is your DD-214 showing that you have 30 days consecutive active duty time and a copy of your medical retirement/severance orders.

I have seen circumstances like this, where well connected reservists will have their unit put them on orders and then make them a DD-214.
 
I called and spoke to the person in charge of all that 2 months ago and he said doing that was "illegal". He said the VA should easily put 2 and 2 together, hence my frustration.
 
I jut did some quick research on this forum and it seems very common that unless the DD-214 shows that the service member was discharged for medical reasons, than the VA only grants the benefit based upon how many days of active duty the service member has after 9/11.

I'll do some more research to see if anyone has had any success.
 
Hangingupthehat said:
Trying to clear some things up for my son's enrollment in college (Fall 2014). I was under the impression that your GI Bill entitlement (if not already maxed out at 100%) would be after medically retired under Chapter 61. I am now being told that as a reservist, being Chap. 61 doesn't matter....unless it states on dd214 that I was discharged from active duty due to a disability. (In my situation ((as I am sure many others)), that although it doesn't state that on my dd214, my conditions are combat related ((and coded that from FPEB))....which obviously means they were incurred during my active duty deployment.

(As a reservist, everything is time-delayed anyway ((I was in the IDES/PEB process for over 3 years!))....but if this is the case it is a TERRIBLE hiccup in the system.)

This is the response from Atlanta RPO when I enquired about my benefit level:
Thanks for providing your member-4 copy of DD Form 214. Our records show you were granted 60% benefit level based on the period of qualifying active duty service from X to X, and the DD Form 214, does not show that the reason your active duty service was terminated was due to a disability. Although you may have been released from the selected reserve with a disability, the benefit level for Post 9-11 benefits is determined by the actual number of qualifying days you are on active duty, and to receive 100%, the DD Form 214 must show that at the time your period of active duty ended, it was due to a disability. The DD Form you submitted shows the reason for separation in 200X, was "completion of required active duty service"; therefore, your benefit level, based on the information on your DD Form 214, remains at 60%. If you had a later period of qualifying active duty, we could have used that to possibly increase your benefit level, but not if the only qualifying period of active duty service was from X-X-06 to X-X-07.
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Here is one post
 
Have you tried VA Reps from where you will be attending or a nearby school. They are the most likely to run in to this situation. Possibly a letter from your commander stating you were medically retired due to injuries sustained in combat.
 
The VA reps at the schools unfortunalty don't know the answers to questions that may not come up everyday. They mean well, but this position needs to be filled by a veteran.
This is going to continue and they need to get a hold of it. It will continue until those of us who deployed probably between 2003-2009?? went thru demob without being offered medical exam or having us sign a form that declares we understand that by signing the form, all medical has been address (demob site) (this form didn't exist when I demobed in 2007). Most of these soldiers will not figure out the battle they face (getting 100% gi bill) until they began the process of going to school, or a dependent using it. This could be years!
I am getting ready to appeal mine, with the premise that although I was discharged from the reserves thru Chap 61, and althought my dd214 doesn't state because of medical disability, I went to the VA amost immediately after my return. When you are requesting VA benefits for medical issues that occurred whie you were deployed, the VA decision is made the decisive factor I have found is that the date of the VA decision is effect the day AFTER I was released from active duty. Because of this continuity, they HAVE to agree…and grant the 100%. It does not pass the commons sense test if they don't.

Below are three cases. If you find anymore, please post.
http://www.va.gov/vetapp12/files3/1217891.txt
http://www.va.gov/vetapp13/Files2/1313146.txt
http://www.va.gov/vetapp14/Files3/1420797.txt

"the provisions of the Post-9/11 GI Bill, specifically, 38 C.F.R. § 21.9640(b), do not include language requiring that he have a medical discharge, only that he have been discharged due to a service-connected disability. "
 
jay822.56970 Any luck?? My congressional rep threw her hands up and said she didn't know how to fix this one. I AM NOT giving up tho…...I am going in again!!! I have a month left to appeal….
 
I went through this last year and was told the same thing...that you need to have a DD214. I explained reservists don't get them and gave them a scenario of two Soldiers fighting side by side. One's a Reservist and one's AD. They are both discharged with a medical. The AD guy gets the 100% and the Reservist doesn't. That's when they told me to write to the ask a question link and I also sent them a copy of my orders. I received the same answer which was Reservists have to have a DD214 reflecting the medical discharge. The question I have is that hanginupthehat links 3 successful cases challenging the VA. Why hasn't VA recognized this fact and changed the rule? One other question I have is where would I go to seek relief?
 
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