Former Active duty in National Guard

Nat217

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Registered Member
Hey, guys! I have been searching on the forum for some information in hopes there may be one similar to mine. Here's my story:
I was in the Active Army for 6 years and went straight into the National Guard. Prior to being released from active duty (during ACAP), we were informed on filing for VA compensation for any service connected issues we may have had. I did just that. Filed for three issues, and never expected that those issues would have gotten me to 90% through the VA.

I had been drilling for about 5 months when I received my initial percentage of 60% from the VA. After that 60%, I have had two surgeries (for one of my SC disabilities) and have had other conditions from my AD time service connected which has put me at 90% today.

So, here's my current situation:
I have been on profile in the Guard for a year now. I have a permanent profile for mental health (no weapons), and temporary profiles for my back and lower extremities, which do not allow me to wear gear. The profile states;
"The Soldier is currently in MEB process. No access to weapons/ammunition. The Soldier should have access to all Behavioral Health appointments. No alcohol use. Alcohol can worsen BH conditions and interfere with medication(s). Ensure the opportunity for eight consecutive hours of sleep every 24 hour period for the duration of the profile to maximize recovery. Notify the profiling officer immediately if there is a sudden deterioration of performance or fluctuating behavior. No deployments to an austere environment. No PCS, TDY, or ETS until final fitness for duty determination. This Soldier should not be issued an individually assigned military weapon, attend any live fire drills, ranges, or participate in combat simulation events. Develop housing plan, as appropriate, to ensure the Soldier does not have immediate access to weapons during profile period. The Soldier should remain stationed near a Medical Facility where definitive behavioral health care is available. Profile IAW AR 40-501 CH 3-32(b)(c)".

The issue I am having now, my reason for reaching out to all of you is that the AGR NCO who handles medical is telling me I need to provide him with a DA Form 2137 for LOD. I have submitted my AD treatment records and they have told me that the records do NOT prove diagnosis. I highlighted where the disability is mentioned, and I am already service connected through the VA for multiple disabilities. This NCO told me I should have a 2137 and will not begin the MEB process without it. How can I conduct an investigation on myself?? We do not receive those forms on AD. I would simply see my provider and be referred to specialists for what I needed.
He then mentioned I could write a statement requesting to be medically discharged due to my conditions and I would be released soon. There is NO way that I am doing that. I should go through MEB since these disabilities that hinder me from duty occurred while on active duty.

Has anyone gone through the same situation or know anyone who has? Thank you in advance.
 

Sapper91

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
You need to have an LOD asap! otherwise they can throw you out for non duty related issues w/o pay!! They tried that on me, but I learned Army Regs and turned it in my favor!
 

Nat217

PEB Forum Regular Member
Registered Member
I'm going thru that right now!
Sapper91, please update me here on your status. What my unit is asking me to do is have my VA doctor fill out the 2137 in order to get the LOD rolling. Hoping that works so they can begin the board.
 

Nat217

PEB Forum Regular Member
Registered Member
You need to have an LOD asap! otherwise they can throw you out for non duty related issues w/o pay!! They tried that on me, but I learned Army Regs and turned it in my favor!
What regulations have you read in regards to this?? I am getting this form filled out this upcoming week.
 

Sapper91

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PEB Forum Veteran
Registered Member
Well, My situation is different than yours because my unit conducted an LOD during AT and I brought all the proof to support my LOD. Your Admin- Nco is supposed to help you with this stuff and it shouldn't be just your responsibility. Get ahold of your Battalion Med Detachment and they should be able to get you going in the right direction.
 
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Sapper91

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
AR 635-40, AR 40-501, AR 135-381, AR 600-8-5, Army Pamplet 135-381 is what I read to ensure I covered my six!! Plus there are experts on here that have helped me too! Good Luck!!
 

Nat217

PEB Forum Regular Member
Registered Member
Well, My situation is different than yours because my unit conducted an LOD during AT and I brought all the proof to support my LOD. Your Admin- Nco is supposed to help you with this stuff and it shouldn't be just your responsibility. Get ahold of your Battalion Med Detachment and they should be able to get you going in the right direction.
Thank you. I have gotten information this week from someone who works this on the reserves side. I am going to get the paperwork taken care of this week. Will post my status here. Thanks!
 

Sapper91

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PEB Forum Veteran
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Make sure you read USC 37, Section 204(g) or 204(h). for Incap Pay.
 

Sapper91

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PEB Forum Veteran
Registered Member
I received my 80% Service-Connected VA ratings for the Peb. Now I'm waiting for the DOD Ratings and see where I go from there. Started Meb Process May 5, 2017 and am almost done!
 

brianmatt31

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hi guys. Hope you are getting the help you need. I just seen your post and not sure if you are done or not but wanted to give you my two cents since I'm still AGR at the Brigade level in the National Guard AND I am also in charge of the admin and logistics shops.

So the 2173 is the actual LOD form. The Readiness NCO or if you have a Medical NCO would be responsible for starting the LOD form. Now from what it looks like I'm not sure why they would tell you that they need a LOD from the active duty side to show all that the VA has already done and rated you at? I'm not sure on that. But looks like they are wanting to through you into a medical board to see if your fit for duty with them already knowingly your not fit for duty as it is now. The regulation is clear that if a Soldier cannot or be allowed to have weapons, ammo, work in austere environments, etc then they cannot deploy and are not an asset to the Army.

For you do NOT request in writing for a discharge due to medical conditions. That NCO asking you that doesn't give a crap about you and he is taking the easy way out. He obliviously doesn't care about his fellow Soldiers or he doesn't know that he doesn't need a 2173/LOD or he could type up a Commander's memo stating that your injury is In the Line of Duty (ILOD) which works just like a 2173. I have three of those as the National Guard does not give AGR's a LOD for anything. We go see our civilian doctors for care and not a MTF.

My advice for you is this. Gather up all your VA and civilian doctor records for all your conditions. When you have that done turn a copy, a COPY, into the medical NCO in your unit or the Readiness NCO with specific instructions to him to get that turned into the State Health Services office. So within the J1 shop in your State the Health Services office is the one that will process/load your medical records into their system. They will also be the ones to begin the medical board process.

If you have a 2173/LOD from Active duty for your mental health diagnosis that's good but since the VA has already got you in their system the Guard doesn't need all that. Your good to go as once your are put into a medical board at one point in this process the VA will annotate that onto your forms. You'll get credit. I did. I seen the VA in 2006 for a cervical and rhomboid left shoulder injury. I do not have an 2173/LOD on that at all and in this medical process they looked at it and added it without me fighting to get it added.

Continue to read throughout this forum. This website is the best thing out there to help out. No one has helped me in my medical board process as not many have gone through this in my State. But this website is done wonders to help me.
 
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