Line of Duty LOD

zilla87

Registered Member
Ok long story short. Was active duty for 7 years.(2007 - 2014) First year in I start having major random panic attacks. I thought I was having a heart attack because I had never had a panic attack before. I worked on ejection seats which involved explosive maintenance. I would try for years to cross train because I kept get putting on and off wavers to allow me to do explosive maintenance. I would go on to Korea where I almost lost my leg due to a serious infection and was also diagnosed with a spinal condition. Next base I was not allowed to reenlist because of my lack of job knowledge and constantly not being able to work in my AFSC but would constantly be farmed to other places. I had one month gap and went to the reserves. Did a few weekends and my two weeks in the summer and then was told I would be kicked out for medical after having a psychological exam after looking at my past medical records. Also because while on active duty getting treated for my spine I was sent to a civilian doctor. The Air Force in their infinite knowledge would never listen to his recommendations. But, in the reserves the did. SO, he immediately wrote a permeant no PT wavier. The reserves tried to separate me without any benefits. I contacted my congressman. Week after I've got a board meeting in San Antonio and a military lawyer. Lucky me I'd saved a lot of my documents from all the civilian doctors I had to go see and had proof of everything i stated. I won the FPEB and an investigation was ordered to look into if an LOD was warranted. That was in August of 2015. It does state on my paper that I had over 8 years of service at that point. What happens after you win or lose on the LOD and what's my chances of winning?

1. The Formal Physical Evaluation Board (FPEB) has elected to return without action the FPEB case on SrA XXXXX. SrA XXXXX is a Traditional Reservist, Aircrew Flight Equipment Journeyman (AFSC 1P051), with eight years of satisfactory service assigned to a UTC-tasked, deployable position. SrA xxxxx presented for his PHA requesting permanent exemption from all components of Fit-to-Fight testing and responded on WebHA indicating he may have significant psychiatric issues. SrA XXXXX has mental health records dating to 2007, in addition to multiple treatment records for chronic pain. He was diagnosed with Panic Disorder in 2008 while on active duty. SrA XXXXX served on active duty from Oct 2007 to Oct 2013 and was presumed fit when joining the Reserves, shortly after separating from active duty. SrA XXXXX continues to endorse significant anxiety and panic attacks, in addition to diffuse chronic pain. The Commander informs the Board that SrA XXXXX is unable to attend technical school or perform his duties. SrA XXXXX is currently in a no-pay/no-points status. A review of SrA XXXXX’ most current AF FORM 469, Duty Limiting Condition Report, reveals SrA XXXXX’ present limitations include exemption from physical components of fitness assessment and is not world wide qualified. The Board reviewed all documents and concluded a Formal Board was not necessary and a return without action is warranted.

2. The Board references DoDI 1332.18 Appendix 3 to Enclosure 3, paragraph 7.c. (1) “The Service Secretaries of the Military Departments will presume the diseases or injuries incurred by Service members on continuous orders to active duty specifying a period of more than 30 days were incurred or aggravated in the LOD unless the disease or injury was noted at time of entry into service. The Secretaries of the Military Departments may overcome the presumption that a disease or injury was incurred or aggravated in the LOD only when clear and unmistakable evidence indicates the disease or injury existed prior to their current period of military service and was not aggravated by their current period of military service.”

3. After careful review of the records, the Formal Physical Evaluation Board opines that there may be evidence for a LOD determination, using AF 348 Report of Investigation Line of Duty and Misconduct Status, for SrA XXXXX’ Panic Disorder condition. However, the Board does not have sufficient information to ascertain whether or not SrA XXXXX’s condition was exacerbated while in reserve status and if so, if it has been determined to support an affirmative LOD. Therefore, the Formal Physical Evaluation Board is returning SrA XXXXX’ case without action for a thorough investigation. Following the LOD determination, this case will need to be either (1) resubmitted as a Fitness Only case if LOD-No, or (2) submitted as a full IDES case if LOD-Yes.
 
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