Expert: MARK A. HOWELL - 9/16/2009

Question
QUESTION: Sir, I saw that you were helping a gentleman regarding VA disability and trying to receive a commission.  I am currently 20% disabled through the VA from a surgery I received while on Active Duty to repair a broken collar bone which has since been rehabilitated. I am trying to get an application into the US Air Force OTS and I was just told that I am disqualified because I am receiving disability and that would have to be canceled first with no guarantees to get a selection. I have been determined to get my commission in Air Force for the last 2 years and I need to figure out how to do so. I was told by one person that I just needed to get a MEPs appointment scheduled and have a medical officer sign off as "Fit for Duty" as long as I could prove I am not limited.  Any help would be greatly appreciated with this matter. Thank you in advance.
Jeff

ANSWER: Jeff,
Only part of what you were told is true.

The first part of your question is false.  You can join, but immediately after you are on active duty again, it's up to you to contact the VA and tell them to stop paying you.  The VA and the Air Force don't really "talk" to each other, meaning their computer systems don't interface, so the AF doesn't know the VA is paying you, and vice-versa.  Because Federal law says you can't draw VA disability pay while you're still drawing active-duty military pay (fraud) the burden is on you to contact the VA.  Now that you know the "real story", just avoid talking to whomever told you to stop the VA first.

Because you are considered a reenlistee and not a new recruit, a recruiter gets $0 for helping you.  So some recruiters won't take the time to help you.

The second half of your question about the MEPS declaring you "Fit for Duty" is correct.

Thanks for wanting to serve again.
Colonel H



---------- FOLLOW-UP ----------

QUESTION: Sir,
Another issue just arose in the form of AFRS INSTRUCTION 36-2001, table 1.1 item 12. It says that receiving compensation from anyone disqualifies you. Is there a way around that part.
Thank you again.
Jeff

Answer
Jeff,
Good catch.  The AF Recruiting reg says, "An applicant is ineligible when he or she is receiving disability compensation from any federal or other agency."  So I called the VA to see what their regs say.  They make a good point by saying if you're fit for duty, military or otherwise, they're going to stop paying you.  So they say listen to the recruiter and take your chances.
Colonel H