I do think that things are going to messy due to fact that the two individuals who were in charge of my medical paperwork are not there anymore. One is retired and the other one works at the NGB now. I talked to the clinic and they stated they won't start any LODs unless I'm on orders.
LOD (or lack thereof) question
- Thread starter Chuckie
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Jason Perry
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That is absolutely wrong and BS. I would ask under what authority they are stating this. It is directly in contravention of AFI 36-2910.
I have had similar problems with my unit. The LOD's should be established whenever you bring any issue that could be permanent of nature to the attention of a provider. That's the way I understand AFI 36-2910.
Tomorrow is my meeting with the OIC and Chief of the MDG. Representation made with my HR Chief. Medical says take the technician disability and get out. They don't understand that That would mean that I served 3 tours for OIF. 40% of my career was Activated. It would be like saying "yeah your right I didn't serve in the military I will just take no benefits from the DoD (I don't even get a retirement ID)". I'm also still missing my medical continuation orders that I was to receive 9.5 yrs ago for an entire year's worth of pay. I talked with finance on that issue and they said somebody really screwed up. The clinic is just trying to cover their ass that has alot of my crap smeared all over it.
Can anyone tell me in the AFI 36-2910 were I can't have another LOD created for the original one I had back in 2004 for my back condition. Again I keep telling them that all these surgeries are connected. My surgeon told me it's a chronic issue now. After initial injury past three surgeries were aggravated by doing nothing. They are telling me that the Federal tech side will have to pay my disability and not the DoD.
An LOD doesn't expire unless you are returned to duty or seperated/retired. If you were cleared then you should be granted an LOD for re-injury or aggravation of the original injury. I am having a similar problem from where I was on AD prior to joining the National Guard and I suffered a shoulder injury and it is still injured and has never gotten better but when I asked for an LOD I was told I couldn't get an LOD since it didn't happen while on AD orders. My response was that it is still injured and never healed properly so pick a set of orders I was on the last 7 years and give me the LOD. As for anywhere in 36-2910 that says you can't have an LOD, I don't know of anywhere it says that you can't.
I wish you the best of luck in trying to get someone to do what I would consider, the right thing.
Update:
Well, the NGB did the right thing for me in this case and signed my two LODs. I was lucky and was able to converse with them before the LODs made their way to them. It took a lot of studying and prep on my part, but in the end I think my case was strong and they signed off on them. Hopefully, now I can finally get surgery and maybe get better. My military flying career is likely over, which is sad but I've got to worry about keeping a roof over my family's heads. In that regard, I hope the process speeds up somewhat from this point.
Well, the NGB did the right thing for me in this case and signed my two LODs. I was lucky and was able to converse with them before the LODs made their way to them. It took a lot of studying and prep on my part, but in the end I think my case was strong and they signed off on them. Hopefully, now I can finally get surgery and maybe get better. My military flying career is likely over, which is sad but I've got to worry about keeping a roof over my family's heads. In that regard, I hope the process speeds up somewhat from this point.