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Waiver question: Should I be doing anything now


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Hey guys, somewhat asking this to hopefully put my mind at ease.

I'm working on my packet for the Guard, and I am getting to the medical portion of the process. Because I have a disability rating I anticipate I may need a waiver. I am currently just at the MEPS stage of the game, though obviously this will be followed by the flight physical. My question is pertaining to my claim, and what I will need if anything in order to apply for a waiver. I have a 30% disability rating coming off an infantry deployment 5 years ago for a back strain, knee strain, and tinnitus. I have managed to find all the original VA Comp/Pen paperwork, and it says only that my back and knee were strains, and nothing worse. Imaging was done, and the paperwork says the imaging showed no degeneration, fractures, arthritis, etc. This being 5 years later, I have managed to treat my back and knee with proper stretching, foam rolling, etc and have no current problems. This is documented by a recent visit to a sports medicine doctor who has run the gamut of tests including range of motion and joint stability stuff, and has given me the 100% all clear everything looks normal, no reason this would inhibit any military service thing. I don't really anticipate an issue with MEPS, though it's MEPS so you never know, but I am a little concerned with the flight physical.

Having looked through the 2014 army publication on aeromed waivers, I noticed the following as it pertains to backache/osteoarthritis: Initial Class 1 Flight Applicants: History of recurrent or persistent back pain is disqualifying and will not ordinarily be considered favorably for exception to policy, but reviewed on a case-by-case basis.

 

ETA: Looking back through the recommendation, I think as prior service I may fall into the second category: Rated and Non-Rated Personnel (all classes, including Applicants).

This, for obvious reasons, has me worried. I don't know if this is a "never will happen" thing, or an uphill battle thing, or a technicality thing. I'm sure specifics will matter, but is this something where I should be looking to get MRIs and additional supporting stuff right now, or should I hold off until I meet with the flight surgeon? I don't know that I could even get referrals at this point, as the doctors say my back and knee are 100%. I run 5+ miles a few times a week, and ruck 3-5 miles a few times a week with a 55lb pack, lift, and have no issues. As far as case-by-case goes, I think I'm a pretty strong candidate otherwise, although I guess the board could always hate me ;)

I honestly don't know why this never really crossed my mind. I guess I figured a back strain on a former grunt getting off active duty isn't exactly something that is rare to find, and so I never gave it much thought.

Anyone have anything to put my mind at ease, or to give me a realistic expectation as to what I face as far as this process goes?

Thanks all

 

Mike

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Mike,

 

I'm fighting the same battle. I'm 20% for lumbar strain and tinnitus. With healthy lifestyle, stretching and staying fit, I have been able to treat myself; better than the VA throwing a 90ct Oxycodone at me and telling me to kick rocks. I was told by my recruiter to find the VA waiver for disability benefits to return to active duty and let the MEPS doc's assess you. He was concerned about the fact that I have back "issues". I know this is only marginally helpful, if at all, but I'll let you know as soon as I do about what comes of it. Honestly, I feel like if you have the range of motion and the strength/flexibility, they should give the green light, but...MEPS.

 

Also, if you get any more information, share the wealth. Good luck man.

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I'll keep you posted. My physical pre-screen should be going up to MEPS this week. My recruiter seems to think that it shouldn't be an issue, and that if it is a NGB waiver should be easy to get. I'm not sure if Guard makes it easier. Even if I clear the the MEPS hurdle, I am still a little concerned about the flight physical, although I don't think being prior service I would be looked at as an "initial applicant," but rather a non-rated member and applicant, which discusses history of being on profile, being unable to work, etc, coming into effect. I've never been on limited duty, profile, or taken anything other than motrin for my back. Also when my back bothered me it wasn't crippling, it was uncomfortable, and it never prevented me from doing my job. The VA paperwork also says I would experience back pain at the end of the day when lying down, so hopefully that works in my favor as well. But who knows, maybe they expect someone carrying 100lbs of gear to feel great at the end of the day haha. I'm hoping that, and the 5 years since my appointment are on my side, but I guess we'll see.

 

 

I don't know why the waiver of benefits would have an effect on the MEPS physical, but obviously if you were to go back on active duty you cannot double dip, so that would be prudent to stay on top of anyway. I'll keep the thread posted, so hopefully this is helpful for others.

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You've done your homework. That's good information.

 

My recruiter told me to get the waiver started, he needs to see it before he schedules me a MEPs visit. Currently trying to hunt down the paperwork for it.

 

I'll pass on all the useful info I find.

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So they are having you apply for the waiver on your own? Did he send your physical pre-screen up to MEPS yet?

 

Not sure how current this is, but MEPS seems to be pretty lenient on back issues
http://www.dtic.mil/whs/directives/corres/pdf/613003p.pdf

 

Mike

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Have not sent it yet, still gathering records. I am suppose to get the letter from the VA to waive benefits on my own, yes. Technically not a waiver, at least not to a recruiter. Basically, I need to show him a letter so , when/if I go back to active duty, he can route that up with the packet so the benefits are stopped when active duty resumes. I assume it is similar to NG/reserve paperwork halting disability payments while drilling.

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I stayed in the SMCR for on driling status 2.5 years after getting a rating it it all worked automatically. Actually the only reason I have to go back through MEPS is because the Career Jammer screwed up my IRR extension. It was approved (including documentation for back, knee, and hearing), but he "forgot to file it" before I fell off contract. So here I am.

 

I don't know if the IRR discriminates based off branch, IE if I'd need a release to go over to the Army, but that's irrelevant now.

 

Mike

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Marty, So if you fail the flight physical for some uncontrollable reason, you'd be SOL on any VA rating?You should be able to go to your MEPS medical screening without throwing away any VA rating. You might want to verify where that waiver fits in the order of operations with another recruiter.

Yeah, I had some questions about that too. I'm going to have him clarify everything before I submit the waiver.

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