Looking for Cases of Duty Related Conditions Declared non Duty Related

danieldresen

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Been there numerous times and they keep telling me, "we can't help, we only help with VA compensation appeals, good luck though". Went to them three different times and now I have an enlarged spleen so... might have a better case against the VA anyways... so I will just be focusing on that.
 

Patman007

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Retirement with no pay until 60, with a lod being denied., isn't fun.
update
now, board of corrections. ...

100% VA permanent

Yet lod was denied.

Good luck with the rest of you guys wiith your fight.

My battle for mil benefits was lost.


Tarver. Have you lost all chances and exhausted all possible rebuttals?

I am in the same boat as you but prior to board of corrections. No VA and LOD was refused to allow appeal

Pat
 

Jason Perry

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LOD was refused to allow appeal
I don't doubt you were "denied" an appeal- however, this is patently illegal; any adverse LOD finding is not finalized under applicable law and regulations until appeal is completed.
 

danieldresen

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Lod for osa, chronic tonsillitis was approved, va denied... pending an appeal and increase in rating...
 

USAFRet92010

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I have two issues. One is when I fractured my Tibia while on base doing squadron PT. I submitted medical records concerning this along with a Air Force Mishap Report. However, the VA told me that this condition is NOT Service Connected. It seems clear cut to me. Then there is the fact that one of my kidneys never grew properly and does not function. They also rated that condition as NOT Service Connected, even though it goes against the 8 year rule. Any thoughts?
 

scoutCC

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8 year rule doesn't apply to the VA strangely enough. It is unique to title 10 and military disability processing. The 8 year rule would create a scenario where the military rates it but the VA does not.

The tibia is harder to explain. It could simple be a RO mistake. Only possible explanation is if they say it healed fully and the disability now is from a new injury. Usually those end up service connected though, as the earlier injury never heals 100% and ends up being a factor in a later injury.
 

danieldresen

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Gotta say, kidney is next to impossible. You stated it never grew to full size which this... would be hereditary and evident prior to enlistment if the did an ultrasound or ct... that is not to say stress from service couldn't make it worse hence the glimmer of hope. The tibia... appeal that one.
 

jdeveau

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Okay, so I am wondering if there is any way after ets to go to a MEB/PEB. The guard just released me even though they had an ILD for PTSD recognized by the NGB.
 

danieldresen

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ABCMR will send it through to PDA if it was in err. Start with the state, but also send one through federal channels too, because they will kick it to state to review. If ABCMR does not correct the issue, appeal, then federal claims court.
 

TopSecret

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So after an investigation ordered from the top, CAARNG has delightfully responded to the State Senate with such gems as:

"Denial of Medical Care: The investigative findings determined that these allegations are not substantiated. The investigation found that XXX XXXXXXXX does not have an approved LOD for a condition incurred in the line-of-duty which would require the CA ARNG to coordinate medical care." In other words, if a soldier gets hurt while drilling, we have no obligation to coordinate medical care until after the LOD is done. Oh, and clearly we are allowed to sit on LODs for four years. And although the State Senate clearly asked us to cite regulations that support our conclusions, um, we are just going to ignore that.

AND

"Denial of Medical Evaluation Board (MEB): The investigative findings determined that these allegations are not substantiated. The investigation found that, in accordance with AR 40-501, paragraph 10-25, XXX XXXX is not eligible for referral to an MEB without an approved LOD for the condition for which he is being medically separated." In other words, we can ignore VA ratings and the fact that we've been sitting on LODs for four years. But hey, at least we cited a regulation this time! Never mind the fact that the citation we gave says nothing about an LOD being required to go to an MEB. It does say, however, we can't send soldiers to the non duty board without finalized LODs with a "not in the line of duty" finding. But we are authorized to ignore that part.
 

nwlivewire

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So after an investigation ordered from the top, CAARNG has delightfully responded to the State Senate with such gems as:

"Denial of Medical Care: The investigative findings determined that these allegations are not substantiated. The investigation found that XXX XXXXXXXX does not have an approved LOD for a condition incurred in the line-of-duty which would require the CA ARNG to coordinate medical care." In other words, if a soldier gets hurt while drilling, we have no obligation to coordinate medical care until after the LOD is done. Oh, and clearly we are allowed to sit on LODs for four years. And although the State Senate clearly asked us to cite regulations that support our conclusions, um, we are just going to ignore that.

AND

"Denial of Medical Evaluation Board (MEB): The investigative findings determined that these allegations are not substantiated. The investigation found that, in accordance with AR 40-501, paragraph 10-25, XXX XXXX is not eligible for referral to an MEB without an approved LOD for the condition for which he is being medically separated." In other words, we can ignore VA ratings and the fact that we've been sitting on LODs for four years. But hey, at least we cited a regulation this time! Never mind the fact that the citation we gave says nothing about an LOD being required to go to an MEB. It does say, however, we can't send soldiers to the non duty board without finalized LODs with a "not in the line of duty" finding. But we are authorized to ignore that part.
GOOD GRIEF!!!

WHAT A BUNCH OF SMOKE-BLOWING, A$$ POUNDING CLOWNS.

I am so disgusted with the CAARNG CLOWNS who PRETEND to be Officers and Highly positioned Senior Ranking NCOs.

GEEZ!

The Governor needs to take a brick baseball bat and start cleaning house AT THE TOP!

This is absolutely the most unforgivable, and ethically decayed STARC HQs command ever!

HOLY COW!

What is the Governor of the State of California doing about these deadly decisions that are coming out of these decision-maker clowns and idiots under this Governor's command?

Is the Governor "Check-Mated" by this organization because he is from the "Hippy Generation" of the 60's and didn't get drafted or perform military service?

I find this odd in my mind. The Governor - who has a Juris Doctor from Yale Law School and did pass the State Bar - this Governor has signed many PRO-Veteran bills for California Veterans.

But this CAARNG PIPE in this pipeline has broken and ruptured in the Governor's Citizen-Soldier-Veteran California pipeline.

The Governor's pipeline is spewing toxic waste all over current and future California Citizen-Soldier-Veterans.

Not to mention the spillover effect and the associated costs the rest of all other California taxpayers are being and will continue to be exposed to.

What can be done to shake up/wake up the Governor that this HUMAN CALIFORNIA PIPELINE HAS BROKEN?

V/R,
nwlivewire
 

nwlivewire

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PEB Forum Veteran
GOOD GRIEF!!!

WHAT A BUNCH OF SMOKE-BLOWING, A$$ POUNDING CLOWNS.

I am so disgusted with the CAARNG CLOWNS who PRETEND to be Officers and Highly positioned Senior Ranking NCOs.

GEEZ!

The Governor needs to take a brick baseball bat and start cleaning house AT THE TOP!

This is absolutely the most unforgivable, and ethically decayed STARC HQs command ever!

HOLY COW!

What is the Governor of the State of California doing about these deadly decisions that are coming out of these decision-maker clowns and idiots under this Governor's command?

Is the Governor "Check-Mated" by this organization because he is from the "Hippy Generation" of the 60's and didn't get drafted or perform military service?

I find this odd in my mind. The Governor - who has a Juris Doctor from Yale Law School and did pass the State Bar - this Governor has signed many PRO-Veteran bills for California Veterans.

But this CAARNG PIPE in this pipeline has broken and ruptured in the Governor's Citizen-Soldier-Veteran California pipeline.

The Governor's pipeline is spewing toxic waste all over current and future California Citizen-Soldier-Veterans.

Not to mention the spillover effect and the associated costs the rest of all other California taxpayers are being and will continue to be exposed to.

What can be done to shake up/wake up the Governor that this HUMAN CALIFORNIA PIPELINE HAS BROKEN?

V/R,
nwlivewire

Now that I've cooled down at bit, I'm still angry as all get-out over this.

What keeps going through my mind is this one question:

At what point along this spectrum does the incompetence end and the criminality begin?

Really? College educated, high ranking, highly paid Officer personnel and a Governor with a law degree?

At what point along this spectrum does the incompetence end and the criminality begin?

nwlivewire

 

danieldresen

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I just went down in person and those ass bags treated me like a member of ISIS. "Oh, he is banned from the building" Fine, let me call the sheriff and pull my subpoena to serve you ass bags "Let me check upstairs... he needs an armed escort and can only go to the cafeteria"... well... I just emailed EVERYONE... Gretta, O'Reily, Michael Moore, Rush... anyone and everyone in media. Let the shit storm cometh. I don't even care if I lose my case now. I am taking down NGB and CAARNG leadership.
 

nwlivewire

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PEB Forum Veteran
I just went down in person and those ass bags treated me like a member of ISIS. "Oh, he is banned from the building" Fine, let me call the sheriff and pull my subpoena to serve you ass bags "Let me check upstairs... he needs an armed escort and can only go to the cafeteria"... well... I just emailed EVERYONE... Gretta, O'Reily, Michael Moore, Rush... anyone and everyone in media. Let the shit storm cometh. I don't even care if I lose my case now. I am taking down NGB and CAARNG leadership.
Please also get ahold of CNN news.

I know many people are fond of only Fox. But many people are fond of CNN.

Your case needs as much traction as possible.

Also Al Jazeera America and MSNBC.

I know this might sound crazy, but have you considered contacting Gloria Allred?

She may not take your case, but she sure as hell knows how to get the wheels turning on issues that involve the "David and Goliath" issue you're facing and the use of media. Her office can point you in the right direction to professionals who can help you in getting your message out to the media outlets of radio, television, and print press.

Sounds like you need both legal and media coordination to make this thing work.

And sometimes, it takes a media expose for situations to get traction and get results.

People need to know.

On all levels - from the "man on the street", to Veteran organizations, to the Governor, to NGB and so on.

Please consider media coordination if you have not already done so.

My heart goes out to you Brother.

And remember, while David did take five smooth stones with him to his confrontation with Goliath, in the end, it only took one smooth stone to do the job. Also to be noted is that David did not go out alone - he had an Army behind him - and so did Goliath.
nwlivewire
 
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danieldresen

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Al Jazeera America I did not email... emailed everyone else though. CNN included. I have tried getting legal help but no one has been willing on that front. Not on a contingency and not pro bono.
 

tarverusmc

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Registered Member
Tarver. Have you lost all chances and exhausted all possible rebuttals?

I am in the same boat as you but prior to board of corrections. No VA and LOD was refused to allow appeal

Pat
I'm out and out of the loop.
my only option is board of corrections and i am discourage even to start the process.
I m counting my luck stars with all that i do have. i lost my LOD with active duty pay retirement.
MY Marine Corp release me without medical evaluation (parkinson) and was later found in the national guard. 8 year rule is a joke, however, i am retired and receiving VA benes for my Active Duty related parkisons
 

danieldresen

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Guard you say? Please give us details and if you feel comfortable, please contact

[email protected] or [email protected].

They are covering a story on national guard line of duty investigations and medical processing. Any ammo you can give to this cause so we can change how things are done for others will be beneficial.

I'm out and out of the loop.
my only option is board of corrections and i am discourage even to start the process.
I m counting my luck stars with all that i do have. i lost my LOD with active duty pay retirement.
MY Marine Corp release me without medical evaluation (parkinson) and was later found in the national guard. 8 year rule is a joke, however, i am retired and receiving VA benes for my Active Duty related parkisons
 

maparker

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Looking forward to it! I hope they deep dive into the LOD issue.

Mike
 
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