Air National Guard LOD denied

Jmc81

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My LOD was denied by NGB, it took them 5 months to tell me no. I feel like I have plenty of evidence for it to be in line of duty. I'm currently in DES not in line of duty 18 years E6 1800 points. I've been told by Airman's disability councilor JAG that I have over 15 years so I will get the my drill retirement at 60 and all VA composition vs medical retirement losing my military retirement due to VA comp. Others in here have told me that is not true but I just don't know. How I read the regs the only way I get my military retirement and va pay is if I get over 20 years. Being medically retired on the military side seems like I would only gain tricare. I'm not sure if that's worth the fight against NGB. advice or incite is welcome.
 

Provis

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Unfortunately, a 15 year letter won't qualify you for CRDP at age 60. My wife is hitting 19 years this coming August and just started a MEB so unless she can prolong the process to hit 20 years she will be out of luck too. Being medically retired is way better in my opinion. Tricare is a big deal and will only be more valuable as you get older. Also, if you are medically retired the enrollment fee for Tricare is waived. I would fight it because you only get one chance at this. The NGB is notorious for not following regulations and a competent attorney would be able to poke holes in their LOD determination. I HIGHLY recommend talking to a private attorney about your case. If that attorney believes it is a strong case I would hire them. Attorney's aren't cheap but are well worth the money when so much is on the line. Jason Perry and "Jack" John Gately that are worth looking into if you need recommendations.
 

chaplaincharlie

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Not approving LOD is the status quo for the NG. If you want to fight get an attorney. The value of TriCare is high!
 

Guardguy11

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A simple forum search of this website will show you that you are not alone. I have my conspiracy theories about NGB/DND2P... but I will leave that conjecture for another post.

Expectation management is key right now. You absolutely can fight that NILOD but it is incredibly difficult. As a matter of fact, I can't think of a single person on here that has been successful with that endeavor. I am sure @Jason Perry could share some success stories...but I bet it is few and far in between.

Based on your points, I don't believe you fall into the "8-year rule" that saved me.

As Provis said, Tricare for life is absolutely worth the fight for even the chance at winning, but I would base all of your plans of action around what to do with a NILOD and the DES.

I've been told by Airman's disability councilor JAG that I have over 15 years so I will get the my drill retirement at 60 and all VA composition vs medical retirement losing my military retirement due to VA comp. Others in here have told me that is not true but I just don't know. How I read the regs the only way I get my military retirement and va pay is if I get over 20 years.
The JAG gave you good gouge. Since you have over 15 years, you will receive your drill retirement at 59 1/2 minus any Title 10 time you have for applying towards early retirement. You will also start receiving VA compensation for disabilities within a few month post separation. The VA will also provide health care for all disabling conditions for you alone.

The VA offset is due to you not qualifying for CDRP. If you won the medical retirement and were immediately eligible for mil retirement, you could choose to take mil pay but that is not financially wise as VA pay is tax free. 99% of people take the full VA pay and if they happen to have any mil pay left over, they receive a separate taxable check from DFAS.

At this point, it would be wise to just drop the 20 year mindset. That no longer applies to you at all. You have over 15 years so you will qualify for a military retirement. The only difference is whether you qualify at the end of your IDES or at 59 1/2. Fight your LOD and win, you qualify for mil retirement at the end of your IDES. Fight and lose, you qualify at 59 1/2.

For most enlisted dudes that are fairly disabled, their VA comp exceeds their proposed mil retirement so they don't see a penny of it anyway unless you qualify for CRSC, which is a another topic. Coming around full circle, the big "payout" at the end of the IDES tunnel for 70-80% of people is qualifying for Tri-care and never having to pay a monthly premium for health care for the rest of your life and your spouses'.

Hope this clarification helps you in your journey. NILOD sucks bad and I wish you the best in your fight. If you have never filed a congressional inquiry, this may be your big chance to get to know your senator/congressman/woman.

Godspeed
 

RonG

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Quite excellent @Guardguy11

Part of your important narrative included the fact that the retiree will not qualify for CRDP: "The VA offset is due to you not qualifying for CDRP. If you won the medical retirement and were immediately eligible for mil retirement, you could choose to take mil pay but that is not financially wise as VA pay is tax free. 99% of people take the full VA pay and if they happen to have any mil pay left over, they receive a separate taxable check from DFAS."

---
Ron
 

Guardguy11

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@Jason Perry, I wonder if there is a way to file a freedom of information act to just get the numbers of LODs that are received and then NILOD'd at NGB. No HIPAA stuff, just the mere numbers. I bet that number would lead to some heads getting chopped off once the news ran with it.
 

Jmc81

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@Jason Perry, I wonder if there is a way to file a freedom of information act to just get the numbers of LODs that are received and then NILOD'd at NGB. No HIPAA stuff, just the mere numbers. I bet that number would lead to some heads getting chopped off once the news ran with it.
I did get ahold of Jason Perry a few weeks ago on the phone. I emailed him some of my records asked if he would take a quick look and see if my situation was worth fighting. He seems like a very busy guy I haven't heard back from him. I'm dual status so if I'm medically retired I should get to keep my blue cross blue shield, just have to pay like 5500 year. I was removed from my job and I scrub toilets and clean pretty much a maid. So if I fight them I may be doing this job for the next few years as long as it takes them. I do appreciate having money coming in but would really like to move on. Since it took NGB 5 months to tell me denied it would take them years to do it after an appeal. Thank for the all the information everyone. I have had the supposed experts on base tell me being found not in line of duty is beneficial to me, it's had to tell if they believe that or they are just trying to push me out the door or is what they say true. I don't have a peblo yet but my guess is they will tell me the same thing. If this takes much longer maybe I should try to appeal just to make it to the 20 year mark.
 

Jmc81

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Also when I talked with the JAG that works for the Airman's disability council he told me they had a 7% win rate on the appeal of NGB denial of LOD. I said it seems like the system is rigged to make it impossible to win against them because of that and they can drag it out indefinitely. The JAG told me he had no comment on that.
 

chaplaincharlie

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@Jason Perry, I wonder if there is a way to file a freedom of information act to just get the numbers of LODs that are received and then NILOD'd at NGB. No HIPAA stuff, just the mere numbers. I bet that number would lead to some heads getting chopped off once the news ran with it.
File a FOIA request. The raw number sought to be easy to get.
 

Guardguy11

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That was really easy actually... I went to this website and selected the drop down for National Guard Bureau. I sent in two questions for FOIA- FOIA.gov - Freedom of Information Act: Frequently Asked Questions (FAQ)

- How many LODs were processed in 2020 by NGB/DN2DP?
- How many NILOD determinations were made in 2020?

I'll post the information back here. Once I get this info, maybe I can write my congresswoman and ask her how this rejection percentage can exist given the DODI and department guidance on the preponderance of evidence towards the service member.

Stand by....

*EDIT* sent another one in and asked the same questions for 2019, 2018, 2017, & 2016. This way I will have 5 years of data which should strengthen the case for my congresswoman.

**EDIT #2** sent another one asking the following questions.
- How many Line Of Duty (LOD) determination appeals were submitted to NGB/DN2DP in 2020, 2019, 2018, 2017, and 2016? Please breakout data by year.

- How many Line Of Duty (LOD) determination appeals resulted in a change in LOD determination by NGB/DN2DP in 2020, 2019, 2018, 2017, and 2016? Please breakout data by year.

With the total LODs, total NILODs, total appeals, and total appeal wins over 5 years, I should really be able to create a concrete analysis of the data. I have a feeling this will prove my conspiracy theories but I will reserve that post until I have all of the data.
 
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