Anyone can help me out and explain this process better from what I am getting from my unit. I am AF National Guardsman and recently returned from deployment late January. I was injured back in September while on title 10, i reporting the injury same day, went few times to medical while there, and when returned home, stated about injury and was told, we do not do medical checkups here, go to your outside doctor get checked and bring paperwork back. Found it strange but I did what they said after Xray and MRI, turns out I have a tear on my left rotator cuff. They assume this was a pre-assisting problem and did not want to put me on LOD or MEDCON orders after all legit paperwork from doctor. After complaining that they were wrong and i had to get statements from leadership from deployment and verified this injury really happen, I was put on LOD for 30days, with a tear shoulder they made me run the PFT and never had anyone from medical evaluate me or bother to send me to any near active duty medical. I was told not until you get surgery will we considered putting you on MEDCON orders. After 5 months and surgery finally done, have they now decided to entertain MEDCON order with no date when will it get approve. I was not able to return to my civilian job due to my injury not was not paid by my unit. It has been long stressful months since coming back home to this treatment from my unit. I have 19 years in service with multiple prior service deployments and this is the first time I experience negligence from your own unit. Was My unit supposed to medically evaluate me or send me to military provider without they make decision if I rate MEDCON or not?? and if approve for MEDON, will one get retro pay for months they took to acknowledge my injury? Was I supposed to be kept on orders from very beginning i came back home and reported injury?
How does Lod and MedCon order process work?
- Thread starter REy
- Start date
This is common for NG units. They are notorious for not following the regulations.
@Guardguy11 is this something he should have a private attorney get involved? Congressional? Or just make more noise because they aren't doing their job and taking care of a Solider that should have LOD?
This pisses me off so much. I'm not surprised but man.... The national guard is absolutely horrible with their own freaking administration of the LOD process.
First and foremost - Get a lawyer right meow. Two good ones: @Jason Perry , owner of this site www.peblawyer.com & @johnbgately , https://www.gatelylawfirm.com/
Second - You need to review AFI 36-2910 immediately. Print out the relevant paragraphs showing the the medical clinic overseas OWES you a fucking LOD ASAP. It's literally listed in the responsibilities section for the medical clinic. If not them, then the home station med clinic needs to do a backdates one immediately. Its fucking AFI and DODI. Do your damn job and give this man his LOD.
Third - Since you already had surgery, you are fucked for MEDCON. They screwed the entire thing from start to finish. LOD > Profile > Pre-MEDCON > MEDCON > Return to service or IDES. When anything happens out of step from this ARC-CMD won't touch you at all and just says "refer to local wing for review" which means they fucked it up and you pay the price.
Fourth - Just setting expectations --- you are going to have a multi-year battle to get made whole for this. Keep all e-mails and anything they gave you telling you out right lies and mis information. You will need to submit to the Board of Corrections for military records (BCMR).
I know it doesn't help your situation, but know that there are some of us working in the background trying to gather data to get NGB and ARC-CMD investigated by congress for blatant disregard for the health of their airmen and soldiers.
Q1 - Your deployed clinic should have evaluated you and placed you on a profile. Once on a profile, at the same appointment, they should have begun processing your LOD paperwork which is their responsibility per AFI.
Q1A - The decision for MEDCON is made to ARC-CMD which is a medical standards branch for NGB. The submission requires all sorts of paperwork to be submitted and has a tight timeline. This is usually performed by a SMSgt at the medical clinic and is referred to in the AFI as the Wing LOD manager.
Q2 - You won't be approved for MEDCON. They fucked you hard. I'm really sorry to have to be the blunt end of the stick on that but you need to be told the hard truth.
Q3 - Yes. You should have been on continual orders post deployment. Once your title 10 deployment orders ended, it should have bridged into Pre-MEDCON for 30-45 days then official MEDCON title 10 orders until you were fixed or kicked out. That is stated clearly and specifically in the AFI and DODI.
First and foremost - Get a lawyer right meow. Two good ones: @Jason Perry , owner of this site www.peblawyer.com & @johnbgately , https://www.gatelylawfirm.com/
Second - You need to review AFI 36-2910 immediately. Print out the relevant paragraphs showing the the medical clinic overseas OWES you a fucking LOD ASAP. It's literally listed in the responsibilities section for the medical clinic. If not them, then the home station med clinic needs to do a backdates one immediately. Its fucking AFI and DODI. Do your damn job and give this man his LOD.
Third - Since you already had surgery, you are fucked for MEDCON. They screwed the entire thing from start to finish. LOD > Profile > Pre-MEDCON > MEDCON > Return to service or IDES. When anything happens out of step from this ARC-CMD won't touch you at all and just says "refer to local wing for review" which means they fucked it up and you pay the price.
Fourth - Just setting expectations --- you are going to have a multi-year battle to get made whole for this. Keep all e-mails and anything they gave you telling you out right lies and mis information. You will need to submit to the Board of Corrections for military records (BCMR).
I know it doesn't help your situation, but know that there are some of us working in the background trying to gather data to get NGB and ARC-CMD investigated by congress for blatant disregard for the health of their airmen and soldiers.
Q1 - Your deployed clinic should have evaluated you and placed you on a profile. Once on a profile, at the same appointment, they should have begun processing your LOD paperwork which is their responsibility per AFI.
Q1A - The decision for MEDCON is made to ARC-CMD which is a medical standards branch for NGB. The submission requires all sorts of paperwork to be submitted and has a tight timeline. This is usually performed by a SMSgt at the medical clinic and is referred to in the AFI as the Wing LOD manager.
Q2 - You won't be approved for MEDCON. They fucked you hard. I'm really sorry to have to be the blunt end of the stick on that but you need to be told the hard truth.
Q3 - Yes. You should have been on continual orders post deployment. Once your title 10 deployment orders ended, it should have bridged into Pre-MEDCON for 30-45 days then official MEDCON title 10 orders until you were fixed or kicked out. That is stated clearly and specifically in the AFI and DODI.
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@Hawaii5-0 .... yet another story to add to the list
This failure to adhere to the basic instructions is baffling. It's a common theme in the medical world. They choose not to be educated and follow regs/instructions. And the operations world is hesitant to challenge them as they don't want to appear dumb when medical jargon gets thrown around. The title 10 1145 law has been debated by our elected officials and voted into law. There should be not debate...no hesitation...no further interpretation. It's now up to each service to TAKE CARE of our friggin service members! They are directed by the following instruction what they are supposed to do. Again, a federal judge will not see room for failure to follow the law. However, the services are run by people...people that have a desire to make rank and sadly don't challenge the basic Tennant of...are we doing right by the service member? The VA with all of it's political issues is a well run healthcare system. When they have a new issue they start to get to the answer by first asking, "How does this benefit the Veteran." The joint services would do well to follow their lead. We now put He/Him in signature blocks but we aren't getting to the heart of showing we care and respect the individual. NOT when this shit happens over and over again to ARC forces!
in, DoDI 1241.01, April 19, 2016
3. POLICY. It is DoD policy that (2) When an RC Service member is on active duty (AD) or full-time National Guard duty (FTNGD) for a period of more than 30 days and, at the scheduled end of that period, has an unresolved in-LOD condition that may render the member unfit for duty under the Disability Evaluation System (DES), but this has not yet been determined by the DES, the member:
(a) Will, with his or her consent, be retained on AD or FTNGD until:
1. Outstanding in-LOD conditions are resolved; or
2. He or she is either found fit for duty, separated, or retired as a result of a DES