In fall of 2012 I attended a 4.5 month school on Active Duty for Training orders. During combatives training I injured my lower back. It wasn't a situation where I had to go to the ER right away, but I had considerable lower back pain and sciatica pain. I went to the TMC for my back and also for an unrelated prescription refill. I was given the typical ibuprofen and rest with a temporary profile (I cannot find a copy of this profile) and told to return in a few weeks if the pain didn't get better. I returned to the ER several weeks later as the pain had increased and was given different pain meds and another profile. I have a record of my ER visit, but not of the profile. I did not take two APFTs while in training due to the lower back injury. Upon returning home I went to my civilian doctor and was diagnosed with lumbago in early 2013. I was told by my unit that I did not need an LOD because I was on Active Duty when I was injured. Fast forward to 2017 and although I was able to recover enough to pass APFTs between 2014-2016, my lower left back continued to get hurt and has been getting worse. I worked with my civilian doctor and did a round of physical therapy and was starting another round of physical therapy when I got the letter about the intent to medically separate. The letter indicated it was non duty related. I brought in the documents I had from the TMC and ER but the comments on the paperwork were limited and the Medical Services Branch for my state has said that NGB doesn't do LODs for back pain. They need a more specific diagnosis and maybe then they could work the service connection. They also suggested imaging (x-rays, MRI). I discussed imaging with my doctor and he is against it. He also said he can't give me a more specific diagnosis than SI joint/lower back pain. I have two classmates that remember me having a profile and back pain, but it's been so long they don't remember a ton of details. Is there any way I can prove the service connection for the PEB or should I just get out and put in for VA disability? Is it worth going to a Non Duty Related PEB? Should I keep trying to get the LOD? I feel like I'm just going in circles with the Medical Services Branch and my civilian doctors for the LOD.
Input needed. Just starting PEB
- Thread starter kano1620
- Start date
Get a copy of your 2012 Orders when you were initially injured. Get a copy of your TMC Dr notes from your 2012 visit when you were initially seen for this. Ask to have your Med folks find th initial profile. Ge a copy of all of your civilian and PT Dr notes relating to your back.
Your unit stating you 'do not need an LOD' because you were on AD is not correct. In fact, that is the opposite; you should have been put on one at that point, because you WERE on AD orders. Documentation of an INJURY is why they would issue an LOD, but not pain so you need to show you were injured. If you received a letter and the intent to medically separate, then your base Medical folks are working on a case for you. You should be in the know with this information.
Be your own advocate. You need to search your Regulations pertaining to LODs and thoughurly search this site for NGB related cases where the NGB did not want to play by the rules. Many units Medical people are not educated in how things should work, so You need to get smarter than they are. Good Luck.
Your unit stating you 'do not need an LOD' because you were on AD is not correct. In fact, that is the opposite; you should have been put on one at that point, because you WERE on AD orders. Documentation of an INJURY is why they would issue an LOD, but not pain so you need to show you were injured. If you received a letter and the intent to medically separate, then your base Medical folks are working on a case for you. You should be in the know with this information.
Be your own advocate. You need to search your Regulations pertaining to LODs and thoughurly search this site for NGB related cases where the NGB did not want to play by the rules. Many units Medical people are not educated in how things should work, so You need to get smarter than they are. Good Luck.
I concur with all @flyin_dutchman said, especially the part about unit medics being out of the know. So get your information elsewhere. You should be able to request all paperwork from the TMC during the period your were on AD orders. Get statements from your peers that remember you were injured ASAP. There memory will never be better than it is now.
I might find a doc that would do imagining.
I might find a doc that would do imagining.
Thank you both for your advice. I gathered all the documentation I could both from the military and civilian providers. I also got two statements from peers that remember the injury. I had the unit initiate an LOD also. Unfortunately the PEB result was still not duty related and recommend discharge. I contacted the Office of Solider Counsel and we put an appeal in. I'm waiting on the decision now, but in the meantime it looks like an MEB may be initiated instead for mental health (PTSD, Depression, and Anxiety). I do have an approved LOD for the mental health. I have been advised that the MEB process for the Army National Guard will take about a year to complete once it has been initiated. I only have 10 years in the military though. Will it be worth it to go through the MEB since I don't have 15 years of service? Is there even a possibility of a medical retirement?