LOD Reserve AT Denied

QuadOff

PEB Forum Regular Member
Registered Member
Joined
Sep 19, 2019
Messages
5
Hello,

Last year, I was on AT orders and heading to my reserve center. I made the mistake of locking myself out from my apartment and attempted to climb into my balcony. I slipped, fell, and landed on my neck. The injury sustained left me paralyzed, and I am now a quadriplegic. I have been dealing with a LOD appeal for the last 18 months. Although I was on orders, the Army Reserve refuses to acknowledge my injuries as service-connected.

The unit administrator that was supposed to begin my LOD process held off on doing so because he was about to PCS. The first three months of my recovery were billed to my private insurance. When it was time to find a rehabilitation center specializing in spinal cord injuries, I found a local VA. At this point, I still had no assistance from the Army Reserve. I was only accepted into this facility because I had a DD214 from deployment. The VSO I worked with stated that because I was on orders the injuries, I had qualified me to receive service-connected benefits from the VA.

After almost a year post-injury, there was still no movement on my LOD. My VSO recommended I submit a congressional inquiry. Shortly after doing so, I received an official memo from the USARC G1 Health Services Branch. I was informed that my LOD was denied due to misconduct because my actions were considered reckless. I had the opportunity to appeal this determination and worked with JAG to submit an official rebuttal. My defense included a letter from my Congressman, character endorsement from a GO (Brigadier General), and evidence stating that the Regulation, which defines recklessness and personal misconduct, was cited incorrectly.

After waiting for months, I received an update that the USARC G1 approved my appeal, and the determination of my LOD was In Line of Duty. However, I received a memo from HRC G1 stating that they overturned my decision again, denying ILD. To this day, I have not received any pay or INCAP and no support from my chain of command. I’m paralyzed from the neck down and can no longer work. I have been dependent on family for physical and financial support. An approved LOD would allow access to resources at the VA and provide significant assistance for my condition.

I now have 30 days to appeal the official decision made by HRC G1. Has anyone ever experienced this process, or is there any advice that would help moving forward?
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
Joined
Jul 25, 2011
Messages
3,584
Thank you for sharing, this must be a difficult time for you.

Have you further consulted with an attorney?

Do you have a copy of the formal investigation conducted IAW AR 600-8-4?
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
Joined
Jul 25, 2011
Messages
3,584
Refer to AR 600-8-4 Chapter 2-6 a.

I’m reaching out to a friend for further guidance.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
Joined
Jul 25, 2011
Messages
3,584
Appendix B outlines the rules governing misconduct determinations. It does not appear that your circumstance, as described by you, meets such criteria set forth in the regulation.
 

QuadOff

PEB Forum Regular Member
Registered Member
Joined
Sep 19, 2019
Messages
5
Hello,

That was the argument that I submitted for my rebuttal to USARC. They determined that I met the criteria set forth in that regulation. My LOD was overturned from Not in the Line of Duty (NLD) to ILD and sent to the final Approval Authority at HRC. However, I was informed that HRC overturned the decision again to NLD, citing the reason as “reckless conduct” and disregarding my personal safety. They are allowing me to appeal the NLD, but I must provide new evidence within the next 30 days.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
Joined
Jul 25, 2011
Messages
3,584
That is why you need the assistance of a competent attorney, or you will need to do some research. It is probably going to take some case law citations to overcome their assumption that you were reckless.

Was your climbing onto the balcony any more dangerous that navigating a confidence course? This is a skill that is taught to all service members.

It would be of great assistance to see the entire 15-6, easier to play a hand when you know what cards are left in deck.
 

QuadOff

PEB Forum Regular Member
Registered Member
Joined
Sep 19, 2019
Messages
5
I absolutely agree in regards to working with an attorney. My JA and I are scouring AR 800-6-4 in order to appeal HRC's reversal of my ILD. We are trying to determine what it takes to win an appeal from HRC. I successfully reversed USARC's decision but provided all facts and evidence available at the time. If we decide to move forward using case law citation, we may need guidance on where to start.

I will pm you with the 15-6 shortly.
 

Goz

Member
PEB Forum Veteran
Registered Member
Joined
Aug 12, 2019
Messages
34
QuadOff is your Congressman still helping you? What about your state senator? My Congressman had to go to bat for me and get my LOD covered as well. Maybe a bigger push from the Congressman’s office could help?
 

QuadOff

PEB Forum Regular Member
Registered Member
Joined
Sep 19, 2019
Messages
5
Hi Goz,

I have not reached out to my Congressman after receiving the NLD determination from HRC. That may be my next course of action.

If you don't mind me asking, how far up did your LOD process make it and who did your Congressman reach out to? When I appealed USARC's decision, my Congressman and Commanding General (one-star Brigadier General) went to bat for me and the NLD was reversed. However, HRC is saying that I must provide new evidence in order to appeal their decision.

Thank you in advance.
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
Joined
Jul 25, 2011
Messages
3,584
In my opinion Congress is a waste of time. You need new evidence to present. The only thing that can help you is either 1) The investigation was no conducted properly and the evidence submitted in 15-6 was in error or 2) The law has been incorrectly applied in your case.

Based upon the circumstances presented here, the opinion that needs to be looked at is the determination of recklessness and whether or not your actions were reckless in nature.
 

chaplaincharlie

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Joined
May 20, 2010
Messages
5,884
It may be worth your while to hire an attorney. So much is at stake. There is considerable help from the VA for paraplegics, but LOD is imperative.
 

GUNS'N'STUFF

Well-Known Member
PEB Forum Veteran
Registered Member
Joined
Feb 27, 2017
Messages
166
Hi, I'm paralyzed partially in my lower legs from a combat injury in Afghanistan and surgical correction for repair a year later. I have a mess of a situation and the military never provided me a LOD when I was in the reserves for my injury that occurred while on active duty. I know how you feel and due to what I can only label as abusive corruption my case "as yours" has been ignored, delayed, or denied. Any advice on good contacts would be appreciated. Paralyzed Vets of America never effectuated me through, maybe because I'm only partially paralyzed from the waist down, for me, finding positive support to help has been a burden and hardship.
 
Top