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  • When you have from MEB and PEB, call Portsmouth and they can get the ball rolling on a VA claim. The number to the Virginia Veterans Affairs at Portsmouth is 757-953-6205. If you can't work because of disability, go to the social security and file under Wounded Warrior expedited. Take all of your records with you as it gets processed faster. One of the girls at Fort Lee got her first check within 30 days of filing and they will back pay you if you've been out of work and qualify. She just got a very large check because they backpaid her from the time her injury left her unable to do her job. She filed through the Petersburg office. So did we, but we haven't checked to see if Fort Lee released a copy of his records yet. Hope this helps
    I have been told that I need to report to Ft. Pickett so that I can have a fit for duty board completed. I got a call from the IG who informed me that the LOD had been sent in(finally). Then, I got a call from the Major stating that the LOD has been sent back twice becasue my commander never signed off on the LOD. I am still unable to work my civilian employment. I exhasuted my savings last year when I became ill, and I can't even get them to give me a potential discharge date so that I can go to the VA. My family is going to take me up for the board, what questions should I be asking, and what paperwork if any will be involved. I have all my doctors notes, and I have given copies to the unit. However, I know that when we get to the board nothing will be in my record. Any advice is appreciated.
    I am not surprised about the "preloading information." However, if it becomes an issue, there is a doctrine called "presumption of administrative regularity" which basically means they have to prove it is not correct. It may not matter, because all injuries incurred while entitled to basic pay are compensable (unless due to misconduct or is EPTS).
    I have been out of civilian employment for a month and a half. I informed the unit on the 21st of April, no LOD done as of May 16th, and none of my incap pay has been sent in. Medical unit informed me that they have also not turned in any documentation that I provided to them.
    How long have they been dragging their feet on the LOD? Can you drill or has the doctor restricted you from military duties? Are you out of your civilian job as well? Either loss of work in the civilian sector and from the military can be the basis for INCAP pay.
    If they are not doing what they should, you have the option of using the IG or a civilian attorney (the JAG may see you, but strictly speaking, unless on active duty, you aren't entitled to Legal Assistance; your state may have different rules, though). Other than making them angry, I see no reason not to engage the IG. What you are looking for is three things: An LOD-YES finding, payment of INCAP pay, and referral to MEB and later, PEB. It sounds like you have a strong case, so don't let them put you off. I have seen some situations where they try to "wait you out," and hope you just ETS. But if your injuries were the proximate result of your duties, or were incurred while you were on orders for 30 days or more, you are entitled to compensation.

    Please let me know any questions.
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