NGB denied my LOD

[LOD]

Hi,

I had a bad knee injury back in 2006 and I did all the paperwork Had a 2173 generated had my orders had my unit do the entire LOD packet. The unit never followed through and received the approval memo from NGB. Flash forward to 2017 Dec. I am preparing my files for Retirement and I don't see my finalized LOD for my knee. I start asking questions and find out I need to submit through the LOD module. I had the MED section submit the LOD with all the correct documentation and a letter of lateness explaining it was not my fault that the LOD was never finalized by NGB. How can I get NGB to change their findings of not in the Line of Duty. Thanks

 

[keimee04]

I'm interested in this answer also. I am going through the MEB and one of my LOD's was investigated, found to be in the line of duty, and when it got to NGB, the surgeon stamped it not in the line of duty. I'm not sure how they would go against the investigating officers findings, not to mention the medical records verify that it was in the line of duty. This has been a serious mess, trying to get them to fix everything that's wrong. My formal board appearance in 20 April. I've just been emailed and told I need to file a Memorandum of Record stating I was never notified that my LOD was found not in the line of duty, and also to submit an appeal. Now I'm trying to jump through hoops to get it done.

 

[chaplaincharlie]

Write a Congressional!

 

[Jason Perry]

Hi,

I had a bad knee injury back in 2006 and I did all the paperwork Had a 2173 generated had my orders had my unit do the entire LOD packet. The unit never followed through and received the approval memo from NGB. Flash forward to 2017 Dec. I am preparing my files for Retirement and I don't see my finalized LOD for my knee. I start asking questions and find out I need to submit through the LOD module. I had the MED section submit the LOD with all the correct documentation and a letter of lateness explaining it was not my fault that the LOD was never finalized by NGB. How can I get NGB to change their findings of not in the Line of Duty. Thanks

I'm interested in this answer also. I am going through the MEB and one of my LOD's was investigated, found to be in the line of duty, and when it got to NGB, the surgeon stamped it not in the line of duty. I'm not sure how they would go against the investigating officers findings, not to mention the medical records verify that it was in the line of duty. This has been a serious mess, trying to get them to fix everything that's wrong. My formal board appearance in 20 April. I've just been emailed and told I need to file a Memorandum of Record stating I was never notified that my LOD was found not in the line of duty, and also to submit an appeal. Now I'm trying to jump through hoops to get it done.

Write a Congressional!

I have seen this issue many dozens of times. Sometimes I hear of the issue before the LOD is finalized. Way too often, I hear about it after the appeal period has been passed. I cannot stress this enough- the way to fight an adverse LOD determination is to appeal the finding.
I have rarely seen an adverse LOD determination that met the requirements of law and regulation. Common issues are failure to apply the presumptions, failure to give an opportunity to comment, improper reversal of favorable findings or determinations, action on the LOD by unauthorized persons, and failure to provide notification of appeal options. (It probably goes without saying, but, also, an endemic issue is failure to meet timelines and failure to provide interim benefits or apply presumptions in the pendency of the final determination of the case).

I have written about this many times in the forums. You can search and find many places where I have discussed this. The answer of how to address an adverse LOD finding is that you should appeal.

(Congressional inquiries and assistance is always an option; however, it is rare/unusual/unheard of that such action would result in any change above the ability to exercise the main option- appeal).

If I haven't been clear enough, the way to deal with an adverse LOD finding is to disagree and appeal.

 

[keimee04]

I have seen this issue many dozens of times. Sometimes I hear of the issue before the LOD is finalized. Way too often, I hear about it after the appeal period has been passed. I cannot stress this enough- the way to fight an adverse LOD determination is to appeal the finding.
I have rarely seen an adverse LOD determination that met the requirements of law and regulation. Common issues are failure to apply the presumptions, failure to give an opportunity to comment, improper reversal of favorable findings or determinations, action on the LOD by unauthorized persons, and failure to provide notification of appeal options. (It probably goes without saying, but, also, an endemic issue is failure to meet timelines and failure to provide interim benefits or apply presumptions in the pendency of the final determination of the case).

I have written about this many times in the forums. You can search and find many places where I have discussed this. The answer of how to address an adverse LOD finding is that you should appeal.

(Congressional inquiries and assistance is always an option; however, it is rare/unusual/unheard of that such action would result in any change above the ability to exercise the main option- appeal).

If I haven't been clear enough, the way to deal with an adverse LOD finding is to disagree and appeal.

Amen. And I have started the appeal process.