Denied Service connection

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blacklions03

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Registered Member
I was sent home from National Guard on title 10 orders because of medical condition (shoulder injury) that occurred during preparation for deployment; however, an LOD was not performed but I received a permanent profile. and was sent home before deployment without meeting with anyone. I need help trying to understand why I was denied service connection for an injury that incurred on active duty and active duty training. The status of my disability compensation claim is in the denial phase. I am currently gathering additional evidence for a NOD appeal on my case. The problem I have in this matter is with inaccurate to 38 CFR 3.303 regulations being implemental and stated in my case. My denial letter stated I have no periods of “Active Duty” in order to receive VA disability compensation. Active duty, active duty for training and inactive duty for training is what is necessary for eligibility for disability compensation. Yes, Active Duty is required for specific VA benefits, in which I am not seeking…just service connection.

My denial letter specifiy no active duty or active training and No LOD; therefore, VA stated it was my own willful misconducted that lead to my injury.
 
You need to submit all documentation if you haven't done so already. Examples of the specific documents include SF 600's, SRP medical documents, DD-214's, SRB(ERB), NGB 23A's, and any orders produced for the deployment.

Are you still in the military? If you are Army, you should be able to access some of these documents via IPERMS or HRC. Portal - Login

If your statement is correct and you were on title 10 orders when the injury occurred - you should receive a service connection. That being said, you must provide supporting documentation
 
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No, I'm no longer in the military after they sent me home 9 years ago. I have a DD214 from MIT training when the issue first started and I have profiles for those injuries. I did not receive a DD214 for my title 10 orders; however, I received a DD220 Active Duty report for injury stating I was non-deployable because of a medical condition. My VSO stated I do not have a dog in the fight for this issue because of the non active duty and no LOD reported from my denial letter. My VSO also stated my leg could have been chopped off during active duty training but if and LOD was completed to prove it happen during line of duty we would have something favorable.

I have medical documentation from private doctor, medical documentation during my service and a favorable C&P exam.

No SF600
No NGB23A
 
The problem lies in the lack of supporting documentation. The SF 600 would have covered the lack of LOD. My suggestion is to request all of your military records from the National Archives( Request Military Service Records )and locate your NGB Form 22 (Discharge from the National Guard), layered within these documents may be some information that supports your claim.


The Guard and Reserves rarely do LOD's if you are on Title 10 Active Duty Orders. If an injury occurs during IDT's, ADT's ( drilling MUTA's) or AT then yes a LOD may take place.
This does not appear to be common knowledge among VSO's, MSC's, and PEBLO's.
 
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