Looking for Cases of Duty Related Conditions Declared non Duty Related

TopSecret

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Gsfowler,

I don't know why either. It took three years for my informal to be completed; NGB approved it within days of receiving it . And then no one notified me. And the rest of my LOds were inexplicably put in as formal, even though I have VA ratings for some of them. I guess the state couldn't stand the thought of me getting any more approvals from NGB. And their tactic worked; NGB didn't follow any of the evidence or procedural rules required by regulation, and denied all of my remaining LODs including VA rated conditions.

Three investigative officers found in my favor, and even cited the relavent parts of the regulation to support their argument. They were overruled by every authority above them.
 

schkaka

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my name is Carrie and I am a Air Force reservist in DE. I did 11 yrs. active duty separated and joined the reserves. I had no break in service. I am now being med boarded for herniated L5-S1. I have a VA rating of 70%. All of my issues were from active duty and they never initiated any LOD's even for my foot surgery I had prior to separation. I have been told by the med group here that i will not receive LOD's for any of my issues because they are from active duty and i am now a reservist. This is the response i received from the med group after requesting LOD's be initiated for my medical issues after the IPEB returned my case without action due to insufficient information.
IAW 36-2910

1.7.4. ARC only. After release from active duty or IDT, members have 180 days to ensure any illness, injury or disease that was incurred or aggravated while in a duty status is reported for LOD determination consideration. When the member does not report his/her illness, injury or disease, the member is presumed to be able to perform military duties, does not require treatment and has no unresolved health condition rendering the member unable to meet retention or mobility standards IAW AFI 48-123, Medical Examinations and Standards. The only avenue for addressing previously unreported illness, injury or disease is through the VA.

If HQ AFRC/SG directs us to initiate a LOD then we will, but as of right now, we have to comply with the AFI.

when i came into the reserves my medical issues were not to the point that i couldn't function over the past few years my back has progressively gotten worse my left leg is constantly in pain and going numb. My disc between L5-S1 is pretty much gone and my L5 and S1 have started to fuse together. i also have chronic IBS and spend the majority of my day in the bathroom and in pain from my IBS symptoms. i miss a lot of work at my civilian job because of this and actually am losing my job in march of 2016 and worried that i wont be able to find work because of how much the pain limits me. I have sever neck pain and headaches and just recently found out that i have a bulging disc in my cervical spine that is causing numbness and weakness in my arms. my Dr has linked it to a concussion i sustained while on active duty. That isn't even everything i have knee and foot issues also. all is documented all is service connected according to VA. Sorry if everything is all over or doesn't make sense it is hard to put all that has happened and still happening into writing.
 

gsfowler

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Let me try to bring this into perspective, and hopefully the media is reading this as well. Here is the form that is required to intiate a line of duty investigation.

http://www.apd.army.mil/pub/eforms/pdf/a2173.pdf

Section 1 which is completed by the attending physician or hospital patient administrator (typically patient administration does this) takes about 1-2 minutes to complete. They have 15 small sections to fill out and 3 more if you add in the date, thier name and signature.

Section 2 which is completed by the Unit Commander or Unit Advisor (somebody who works for the Commander, they usually have a memo which gives them authority to sign the LOD) literally just has to verify whether or not the servicemenber was entitled to active duty pay at the time of the injury (whether or not the servicemember was AWOL) and a brief description of the injury. Then they must make a determonation whether or not a formal investigation is required. If a formal investigation is not required, then they check a box (either it was incured in the line of duty or not), sign and date it. If they are a Unit Advisor for the commander, they should provice a copy of the signature authority memo on the back of the LOD or a separate piece of paper.

It is not rocket science.
 

Ocean

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Regrettably our only action is through the Tucker Act and filing through the Federal Claims Court... but if WE ALL clog that court system... who knows... maybe something will get done.
Regrettably our only action is through the Tucker Act and filing through the Federal Claims Court... but if WE ALL clog that court system... who knows... maybe something will get done.






Hi Daniel, How can we as soldiers from the CAARNG meet each other and discuss our cases...........maybe if we each worked on an issue we would not be duplicating work that the other has already completed....let me know your thoughts.....

It is my understanding the CAARNG receives 40% of its funding by the state and the other monies come from the FED's. Since the LOD's completed by the state, at the state level, and are not on necessarily Title 10, it would seem a class action against the state would be in order........ just not understanding the federal...piece since we are not federal when working for the state.

The crazy making that is going on between DOD, NGB, and the CAARNG is unacceptable....as well as the lack of ownership in the process. I posted the GAO 2015 report on this debacle and NBC has stated the same.

In my case the CAARNG claimed it would not complete LOD's for injuries incurred within the Line of Duty while I was on AD. The CAARNG MSB "told me" go back to my AD unit for LOD's. I did that, and the my AD Unit provided me with three LOD's covering a spectrum of issues and I had two others form previous mobilization from the SRP site.

Despite scanning, hand carrying my medical records, and LOD documents to the CAARNG at least 10 times, the CAARNG would claim they did not to have the information and yes the info went directly to leadership. The CAARNG, MSB, did not acknowledge my records until my Congressman resent them to include medical/LOD's/ personnel records directly to LTC Bender who gave them to MSB.

The CAARNG then came back claiming the AD side of the house did not know how to complete LOD's correctly and I did not have delegation authority, (however I did). What I discovered in this process at the CAARNG is that, the majority of Commands do not know what an LOD is nor how to process them. I had to show a PA who sat on the INCAP board what an LOD was, why it is required, and how to fill it out, and Jason is correct it takes five minutes.
 

danieldresen

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Seriously... for an informal... 5 minutes... formal... CANNOT exceed 75 days... and yet we sit what... 1, 2, 7 DAMN YEARS! I would love to meet up with other soldiers and go over notes. I am free Tuesdays and Thursdays if you wanna set something up and coordinate with others in the same situation. Maybe we can hammer out our legal options. To my understanding though, and Jason Perry can verify... from my reading, if the injury was incurred on Title 10 orders... and in a lot of cases Title 32... it is a federal issue to be taken up with the claims process, CAABCMR, ABCMR, ARBA, and the Federal Claims Court... all HEADACHES but can be navigated.
 

TopSecret

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No it's not rocket science. But they refused to initiate my LODs for years! So I had my VA doctor fill out the DA 2173s exactly according to regulation. He even copied and pasted exact language from the regulation in the basis for his opinion box. Do you think that helped anything? Nope! Despite me FEDexing the entire package (with medical records) straight to the appointing authority, I was ignored for two more years until I threatened an army general who finally ordered them to be initiated. And then what did they do? They discarded my DA 2173s, and fabricated new ones, which NGB is now telling them to redo! This is so outlandish it's been going on longer than my entire active duty contract of FOUR YEARS!!!
 

Ocean

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Any response from the organizations top secret made contact with regarding the LOD debacle for RC soldiers?
 

MaryJC

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Folks,

I am looking for cases in the reserves and National Guard where your duty related condition was deemed to be non duty related. This is to support media interest on this issue. If you have such a case, post the details on this thread and I will direct interested media to this thread. These cases are especially compelling if the VA rated the condition the military declared non duty related.

Thanks,


Mike

In 2009 I was in a motor vehicle accident while on military duty and hurt my back, neck and shoulders in which I have an LOD for. About three months later while running I noticed my right hip started hurting. It mostly would hurt after I ran and the pain would last for a day or two. I began treatment after about a month when it didn't subside on its own. I went to my chiropractor and to my primary care doctor at San Diego VA medical center treatment. My doctor there ordered x-rays and medication.

I would run two to three times weekly in order to maintain fitness for the military. Over a significant amount of time the pain began to worsen while running. In December 2012 I was on Unit Training Assembly (UTA) status, while taking the Physical Fitness test (required by the Air Force) my hip had excruciating pain during the running portion. Afterwards, I reported my hip pain to Mr. Hecke who was the base test proctor. The next day I returned to work at my Air Reserve Technician job at March ARB and reported the injury to both my civilian supervisor and the military medical squadron with a "one hour mishap" report. This is when the Line of Duty (LOD) was initiated.

While waiting for the LOD to be approved, in January 2013 I began treatment at Loma Linda VAMC; at first with my primary doctor then consequently with the orthopedic doctor and was placed on a 'no running' profile. I had been given prescription after prescriptions for pain and inflammation. I was also given a steroid injection directly in my hip joint under x-ray with little to no relief of pain.

In July 2013 while on Annual Tour status at March ARB, my hip became re-aggravated while doing mandatory physical training at the gym while riding the stationary bike due to my ‘no running’ instructions from the doctor. I reported the injury to the Senior Master Sergeant and sought medical treatment immediately afterwards and filed another military required "one hour mishap" report with the medical squadron on March ARB.

In September 2013, the LOD was pre-approved and I began receiving medical treatment through the direction of the military. The LOD Manager at March ARB sent me to San Diego Navy Hospital for evaluation. After a few thorough medical examinations, the Navy doctor recommended that I have surgery for Femoral Acetabulum Impingement (FAI).

November 27, 2013 surgery was completed at San Diego Naval Hospital. By this time, I had already been told by my military commander (LtCol Horine) that because I reported the injury twice during Unit funded events, i.e. UTA and then again on Annual Tour, that my military unit had no funding to put me on Military Medical Orders. I was also instructed to apply for military Incapacitation pay, funding from a different military source. In order to complete the application for Incap pay, I needed an employer verification letter from my civilian employer, who also happens to be my military employer. Like I mentioned earlier, the letter was finally signed on 14 Feb 2014. As of August 2015, I have an settled EEO complaint filed that addressed that issue.


On 19 March 2014 I was notified that the LOD was not approved and the judgment was not clear, however, it said "existing prior to service (EPTS)." Please see attachment. I have always maintained that this injury was caused from extensive running which is required by the military in order to pass the annual PT test. My Navy surgeon even commented to me during one of my visits that he has seen this type of injury especially in female Marines who also do an extensive amount of running. I'm in the process of trying to get a letter from him linking the military requirement to my hip injury.


Furthermore, since this is a military injury, I am not eligible for workers comp and as a federal employee I do not have any short term disability benefits nor am I eligible for State disability. I was not paid for the period 23 October 2013 until I was able to return to work on 11 Feb 2014.


The LOD was approved by all personnel on March ARB but once it got to Air Force Reserve Command it was denied for EPTS with little to no explanation. It was suggested to me during a phone conversation with my commander (at the time) that it was denied due to fiscal budget constraints and not medical evidence.

More recently, my medical records were forwarded to the MEB to be evaluated for a medical retirement. I was informed on 26 February 2016 that because I was able to pass 3 PT tests that that LOD no longer qualifies me for the MEB process and that my case has to return to local base for a possible Fit for Duty evaluation and possible be separated from service without any compensation. I have 17 good years of Reserve service to include 3 years of active duty during Desert Storm and feel that the service is just trying to skirt any responsibility and I'd lose out on those 17 years.

I am in the process of seeing what my options are at this point. My congressman has been informed of this process along the way and has done little to help me. Please assist and put this out to the media. There is no reason the military shouldn't take care of its people. It's a shame and I'm hurt and embarrassed to admit that I was a proud member for such a large portion of my adult life.
Thank you,
Mary
 

FloridaInjuredInCombat

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In 2009 I was in a motor vehicle accident while on military duty and hurt my back, neck and shoulders in which I have an LOD for. About three months later while running I noticed my right hip started hurting. It mostly would hurt after I ran and the pain would last for a day or two. I began treatment after about a month when it didn't subside on its own. I went to my chiropractor and to my primary care doctor at San Diego VA medical center treatment. My doctor there ordered x-rays and medication.

I would run two to three times weekly in order to maintain fitness for the military. Over a significant amount of time the pain began to worsen while running. In December 2012 I was on Unit Training Assembly (UTA) status, while taking the Physical Fitness test (required by the Air Force) my hip had excruciating pain during the running portion. Afterwards, I reported my hip pain to Mr. Hecke who was the base test proctor. The next day I returned to work at my Air Reserve Technician job at March ARB and reported the injury to both my civilian supervisor and the military medical squadron with a "one hour mishap" report. This is when the Line of Duty (LOD) was initiated.

While waiting for the LOD to be approved, in January 2013 I began treatment at Loma Linda VAMC; at first with my primary doctor then consequently with the orthopedic doctor and was placed on a 'no running' profile. I had been given prescription after prescriptions for pain and inflammation. I was also given a steroid injection directly in my hip joint under x-ray with little to no relief of pain.

In July 2013 while on Annual Tour status at March ARB, my hip became re-aggravated while doing mandatory physical training at the gym while riding the stationary bike due to my ‘no running’ instructions from the doctor. I reported the injury to the Senior Master Sergeant and sought medical treatment immediately afterwards and filed another military required "one hour mishap" report with the medical squadron on March ARB.

In September 2013, the LOD was pre-approved and I began receiving medical treatment through the direction of the military. The LOD Manager at March ARB sent me to San Diego Navy Hospital for evaluation. After a few thorough medical examinations, the Navy doctor recommended that I have surgery for Femoral Acetabulum Impingement (FAI).

November 27, 2013 surgery was completed at San Diego Naval Hospital. By this time, I had already been told by my military commander (LtCol Horine) that because I reported the injury twice during Unit funded events, i.e. UTA and then again on Annual Tour, that my military unit had no funding to put me on Military Medical Orders. I was also instructed to apply for military Incapacitation pay, funding from a different military source. In order to complete the application for Incap pay, I needed an employer verification letter from my civilian employer, who also happens to be my military employer. Like I mentioned earlier, the letter was finally signed on 14 Feb 2014. As of August 2015, I have an settled EEO complaint filed that addressed that issue.


On 19 March 2014 I was notified that the LOD was not approved and the judgment was not clear, however, it said "existing prior to service (EPTS)." Please see attachment. I have always maintained that this injury was caused from extensive running which is required by the military in order to pass the annual PT test. My Navy surgeon even commented to me during one of my visits that he has seen this type of injury especially in female Marines who also do an extensive amount of running. I'm in the process of trying to get a letter from him linking the military requirement to my hip injury.


Furthermore, since this is a military injury, I am not eligible for workers comp and as a federal employee I do not have any short term disability benefits nor am I eligible for State disability. I was not paid for the period 23 October 2013 until I was able to return to work on 11 Feb 2014.


The LOD was approved by all personnel on March ARB but once it got to Air Force Reserve Command it was denied for EPTS with little to no explanation. It was suggested to me during a phone conversation with my commander (at the time) that it was denied due to fiscal budget constraints and not medical evidence.

More recently, my medical records were forwarded to the MEB to be evaluated for a medical retirement. I was informed on 26 February 2016 that because I was able to pass 3 PT tests that that LOD no longer qualifies me for the MEB process and that my case has to return to local base for a possible Fit for Duty evaluation and possible be separated from service without any compensation. I have 17 good years of Reserve service to include 3 years of active duty during Desert Storm and feel that the service is just trying to skirt any responsibility and I'd lose out on those 17 years.

I am in the process of seeing what my options are at this point. My congressman has been informed of this process along the way and has done little to help me. Please assist and put this out to the media. There is no reason the military shouldn't take care of its people. It's a shame and I'm hurt and embarrassed to admit that I was a proud member for such a large portion of my adult life.
Thank you,
Mary
First gut feeling, is APPEAL the LOD finding of EPTS immediately, and when you do, be sure to include clearly as possible the nexus between your military service and the injury.

Something key to this, even if an injury or medical condition existed prior to the service, if it was aggravated above and beyond normal wear and tear due to the service, is IS in the Line of Duty according to the standards of the regulations.

If someone hinted at the denial being for fiscal reasons, I wouldn't put too much stock in it, even if it were true no one would put that down on paper, better to stick with the medical evidence and connection to the service during your appeal.

Once the LOD is settled in your favor, don't be shy about hammering them for the INCAP pay that was wrongfully denied, but you must get the LOD worked out beforehand. I spent over a year fighting through bureaucracy and blatant ignoring of the regulations by the unit, State and NGB, but eventually was successful. So when you get to that point, if you run into issues, I will be glad to help.

As for them bumping you from the MEB process, I would work hard to get the LOD back on track ASAP, then IF you are still unable to continue your service (either due to your medical condition OR they just want to give you the bums rush) do what you have to to get back into the MEB process, whether that means letters from your Doctors or dropping out of runs and going on profile again due to the hip is your call.

Keep this last thing in mind. IF you are bumped from the reserves with 18 odd years of service you most likely will get nothing from the military and the only benefits you'll most likely get is those from the VA for disability and service connected treatment. Being a full time tech might change this.

IF you are put through the MEB to completion, as a Reservist, if you are finally rated by the military at 20% or lower, you will be given a one time severance check based on your points divided by 360 to indicate years of service, and no other military benefits or connection after that.

IF your are put through the MEB to completion, as a Reservist, if you are finally rated by the military at 30% or higher, you will be Medically Retired, which if warranted is the best option. You should warrant a meager military retirement check each month for life based on your years of service, again off the points equation, but more importantly you will be afforded Tricare medical insurance (Prime or Standard, your option), base privileges, etc... just as if you were an Active Duty Retiree. That's a big plus since medical insurance, especially if you employment is limited due to the injuries is a key part of your finances.

IF you are allowed to continue on and retire as a normal Reservist, you are NOT eligible for Tricare (other than Tricare Retired Reserve which is WORTHLESS) until you're 60, at which time you START to qualify for the regular Tricare Retiree plans. For the most part, retiring as a Reservist, the military doesn't even recognize you again until you're 60, I don't even think you get base privileges until then.

Things to keep in mind, hope this helps...
 

MaryJC

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Thank you Florida,
I did, in fact, appeal the hip LOD denial decision within 30 days. Was informed about two weeks later, verbally, that the appeal was also denied. I have requested on several occasions to have something in writing. But, yet have not received such notification of denial formally. This seems fishy to me.

I was sent to SD Naval Hospital last week for an update exam and x-ray of my neck injury from the car accident in 2009. The x-ray shows degenerative disc disease on both c and t spine. I'm hoping to at least to resubmit for an updated LOD for that injury and consequently resubmit for MEB to medically retire me with a rating of 30% or more. I currently receive 60% disability for this injury from the VA.
It has been a long and drawn out process and just want to be done with it and the service at this point.

Thank you for your response and offer to help.

MJ
 

FloridaInjuredInCombat

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Thank you Florida,
I did, in fact, appeal the hip LOD denial decision within 30 days. Was informed about two weeks later, verbally, that the appeal was also denied. I have requested on several occasions to have something in writing. But, yet have not received such notification of denial formally. This seems fishy to me.

I was sent to SD Naval Hospital last week for an update exam and x-ray of my neck injury from the car accident in 2009. The x-ray shows degenerative disc disease on both c and t spine. I'm hoping to at least to resubmit for an updated LOD for that injury and consequently resubmit for MEB to medically retire me with a rating of 30% or more. I currently receive 60% disability for this injury from the VA.
It has been a long and drawn out process and just want to be done with it and the service at this point.

Thank you for your response and offer to help.

MJ
MJ

Not being able to produce the denial in writing is a huge red flag. You need to put your request for the determination (not mentioning whether it's been denied or approved) IN WRITING through your chain of command. Then, if you still haven't received the formal written decision within a reasonable amount of time (give them at least a week or two) file an IG complaint.

Send the request to your command for the appeal finding via email, that way you have a record of them being sent the request, and a time/date stamp. If there is no response (which is common) resend every couple of days, asking if they have had a chance to check on it, and WHAT ACTION have they taken. Be polite and professional but keep the pressure on. If they still don't respond and/or take action, it makes their jamming the process pretty obvious when it comes time to contact the IG.

I have heard rumors that our State HQ has a bad habit of trash canning appeals, I have one in myself at the moment. If that's the case, they don't have a finding to hand back to you, and that's bad karma for them. If in fact they do have a finding and are just too lazy to provide you with a copy, that's also bad karma for them.

I've looked over the Army LOD regs, and I have yet to find a time requirement for processing the appeal. Also, the way it reads, the Soldier is formally notified if there is a change in the determination from the appeal process. But that should not prevent them from producing the final written determination upon your request. Army and Navy regs are different, so you'd do good to look through the regs that apply to you.

As for being tired of dealing with this and wanting to be done with the service, I understand completely, but keep strong and don't let them push you out without the benefits rightfully due. It will feel great in the short term to be rid of them and all their bull, but afterwards you will spend a long time having to deal with the fact they got you to quit and in doing so cheated you and your family out of what's just.

If the formal written request and IG heat doesn't do the trick, it's time to talk with the U.S. Senators for your state and enlist their help as well. Last but not least, talking to the media may be what it takes to get them on track. I would start with the IG and then move on from there. Some bureaucrats tend to be dug in like deer ticks and unfortunately it takes heat and pressure to get them to do their jobs, turn up the heat.

Hope this helps...
 

danieldresen

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My denial was never produced in writing until AFTER I filed a federal claim against the government. It came in 3 months after that. They denied my appeal the day after I sent it.
 

baba.ganoush

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Here's the BLUF --

Apr 2003 - Sep 2014 Active Duty USAF
2014 - Present ANG (no break in service)

October 2014 Filed for VA Compensation
~June 2014 VA Rated 90% (many contentions service connected, including depression at 50%) Notified my Medical Unit of my Rating
Nov 2015 - Feb 2016 TDY for technical training, Active Duty orders
Mar 2016 Notified my PCM @ Med Group that I wanted to get out via MEB, my depression and other injuries were getting worse
Apr 2016 Filed for Increase with VA
Jul 2014 Rated 100% P & T from VA with no future examinations scheduled, notified my CoC and Med Group and requested MEB again (no advisement of getting an LOD or how the MEB works)

Sep 2016 During this drill, I was given paperwork to be discharged or enter the DES (in which I have 14 days to reply or will automatically be separated). The med group deemed my unfitting condition non-duty related. I asked the med group rep what my unfitting condition was and he stated that it was for depression, which I was rated and service connected by the VA. I argued that my unfitting condition was service connected, but they told me that when I entered the ANG, what happened on AD no longer applied when I joined the ANG and my slate was clean and reset???? (I was highly upset when I heard this). I knew I read about EPTS and the 8 year rule, but they didn't believe me. They also stated that I wouldn't get any medical severance or medical retirement or a MEB. I didn't know what to do. I contacted my first shirt (who didn't know how to do an LOD), IG (big no help), and Area Defense Council (ADC) who didn't believe me when I tried to quote USC 10 Chapter 61 and even when I told him that a retired Lt Col (Mr. Parker, thank you sir!) who advised me that USC 10 Chapter 61 applied to AD, Guard and Reserves and to fight it. After talking to the ADC lawyer and feeling defeated, discouraged and pretty much thinking no one was on my side, I just broke down and cried ... at work, too. The lawyer called me back and kind of apologized after he read my email that I had sent my chain (and BCC'd him) versing verbatim USC 10 Chapter 61 and DoDI 1332, that I was afforded an MEB and medical severance/medical retirement. I saw a ray of light when he told me, "I want you to fight it" and that he would assist me on getting the LOD and my MEB. Still haven't gotten a response, yet.

Apologize for the long post. Take care of yourself and do your due diligence and know the Regs! Especially USC 10 Chapter 61 and DoDI 1332 and any service regs. It is unacceptable when members are not being given the correct information and not being advised correctly. As told to me by the Retired LTC Mike Parker ... Fight, Fight, Fight!
 

FloridaInjuredInCombat

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Here's the BLUF --

Apr 2003 - Sep 2014 Active Duty USAF
2014 - Present ANG (no break in service)

October 2014 Filed for VA Compensation
~June 2014 VA Rated 90% (many contentions service connected, including depression at 50%) Notified my Medical Unit of my Rating
Nov 2015 - Feb 2016 TDY for technical training, Active Duty orders
Mar 2016 Notified my PCM @ Med Group that I wanted to get out via MEB, my depression and other injuries were getting worse
Apr 2016 Filed for Increase with VA
Jul 2014 Rated 100% P & T from VA with no future examinations scheduled, notified my CoC and Med Group and requested MEB again (no advisement of getting an LOD or how the MEB works)

Sep 2016 During this drill, I was given paperwork to be discharged or enter the DES (in which I have 14 days to reply or will automatically be separated). The med group deemed my unfitting condition non-duty related. I asked the med group rep what my unfitting condition was and he stated that it was for depression, which I was rated and service connected by the VA. I argued that my unfitting condition was service connected, but they told me that when I entered the ANG, what happened on AD no longer applied when I joined the ANG and my slate was clean and reset???? (I was highly upset when I heard this). I knew I read about EPTS and the 8 year rule, but they didn't believe me. They also stated that I wouldn't get any medical severance or medical retirement or a MEB. I didn't know what to do. I contacted my first shirt (who didn't know how to do an LOD), IG (big no help), and Area Defense Council (ADC) who didn't believe me when I tried to quote USC 10 Chapter 61 and even when I told him that a retired Lt Col (Mr. Parker, thank you sir!) who advised me that USC 10 Chapter 61 applied to AD, Guard and Reserves and to fight it. After talking to the ADC lawyer and feeling defeated, discouraged and pretty much thinking no one was on my side, I just broke down and cried ... at work, too. The lawyer called me back and kind of apologized after he read my email that I had sent my chain (and BCC'd him) versing verbatim USC 10 Chapter 61 and DoDI 1332, that I was afforded an MEB and medical severance/medical retirement. I saw a ray of light when he told me, "I want you to fight it" and that he would assist me on getting the LOD and my MEB. Still haven't gotten a response, yet.

Apologize for the long post. Take care of yourself and do your due diligence and know the Regs! Especially USC 10 Chapter 61 and DoDI 1332 and any service regs. It is unacceptable when members are not being given the correct information and not being advised correctly. As told to me by the Retired LTC Mike Parker ... Fight, Fight, Fight!
Absolutely, keep in the fight, especially when the regs and law is on your side. There will be times when you get so frustrated you want to say the hell with it and might be tempted to let them get away with stealing your benefits, but no one I have ever met was happy about walking away from a just fight, especially when it negatively affects you and your benefits for life. Good luck and keep landing punches.
 

danieldresen

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Definitely KEEP FIGHTING! Took 2 damn years but my social security law judge hearing proved what I already knew... Neither rep read my file! No mention of crohns was ever in my social security denial. I was being denied solely on anxiety which is now diagnosed by the VA as PTSD combat related and rated at 70% alone... but my crohns is why I will be unemployable and disabled. The vocational expert said I couldn't work based on the hypotheticals given. I can only work if it is part time skilled labor with a close personal connection to the employer who would grant lienency for breaks.
 

morganra1978

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Mike, I have an LOD from my 2003-2004 deployment. When I returned home, I noted the back issues on the PDHRA. The VA ignored me. My condition got worse over the years, so bad it required multiple ER visits and a hospitalization. I was misdiagnosed for several years. When I received the MRI results and proper diagnosis, I gathered the medical evidence for the LOD.

NGB granted the LOD (EPTS) as ILD due to service aggravation-since I was seeing a chiropractor prior to entering Title 10. NGB surgeon's statement was very specific on why it was deemed ILD. I provided the medical evidence for it and the VA refused to service connect by back condition (and radiculopathy), even with this LOD. They did not like the time gap between when the LOD was done.

Additionally, the C&P examiner denied my symptoms, but when I was recalled for further examination, the other examiner discovered I really did have the symptoms.

I have additional medical documentation from a non-VA pain clinic that diagnosed me with the radiculopathy. In fact, it has worsened enough to have another MRI done on the 14th of this month-my last one was in January 2016.

I have already appealed/asked for reconsideration for my back and right leg (radiculopathy) conditions.
 

jlfrederick83

Well-Known Member
Registered Member
Continuing my fight with the Navy. Here is the BLUF.

Entered Active Service March 2006
Was found medically unfit for submarines 2015
Requested a MED board and was denied
Exited Active Service and joined reserves Feb 2016 with no break in service
Service connected through VA with 50%, have active appeal

I was on submarines and had to deal with Undersea Medical Officers (UMO) for all of my medical issues. Due to the fact that it is hard to find and retain submariners (largest retention bonus in the service) the UMO's do a lot of creative wording with your medical file. They under diagnose issues, and ignore other issues. Specifically with my high blood pressure that causes migraines, and diabetes. Within months of being discharged from the Navy I was on Metformin for diabetes, getting MRI's for headaches, and on different medications that were not "submarine disqualifying".

Initially I played their games and tried to keep physically qualified, but the last straw was when I went to for my physical after shore duty and the UMO saw my record and said "Whoa, we gotta send you to an allergist, pulmonologist and gastroenterologist." After all my results came back and the doctors wanted to treat me with continued allergy shots, diagnose me with asthma, and put me on medicine for my IBS the UMO asked me to waive medical care and discontinue taking my medicine. He pushed the issue with all of the specialist and when the results came back, wasn't happy with them. Needless to say I was sent to MED board for submarines and medically disqualified. I asked the UMO to send me to MED board, set up an appointment with a "normal" provider, and talked to a PEBLO for NAVAL service. All of them told me that I was not suitable for a MED board. I didn't want to change my rating, so I tendered my resignation and joined the reserves.

I have been in the reserves for a little over 16 months, and have had my first annual medical review. At the medical review I was flagged for several conditions that require a medical review board. That has been processed, and I have been found not fit for duty. I have attached a copy of the letter with all the PII removed. I have asked for a PEB and expressed my concern that the unfit decision did not include a severance package nor a retirement. I have over 8 years active service, so all of these issues that developed while on active service should be presumed to be aggravated while on service. They are telling me that I should have been MED boarded off of active duty and there isn't anything they can do for me now. I have already lawyered up, but for the VA appeal. The office has never dealt with medical boards. Because the medical board and VA review happens at the same time and I had to sign an agreement with the lawyer...am I even allowed to get another lawyer? Any advice or help would be greatly appreciated.

Thanks!
 

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shanmarie

New Member
Registered Member
Folks,

I am looking for cases in the reserves and National Guard where your duty related condition was deemed to be non duty related. This is to support media interest on this issue. If you have such a case, post the details on this thread and I will direct interested media to this thread. These cases are especially compelling if the VA rated the condition the military declared non duty related.

Thanks,


Mike
Hello All,

I am so happy that I stumbled across this thread and hopefully someone can provide me with some guidance. I am a former reservist who separated honorably after 8 years last year Oct. This post, however, is on behalf of my father who was in various components of the military on and off for 12 years when he was medically boarded out. He first joined the Army AC in 1975, he did AC until 1981 when his contract was up. In October of 2000 he enlisted in the GA ARNG. While in the ARNG but not while on duty he had a heart attack which resulted in a double bypass surgery. This happened in 2001. He recovered from his heart attack, was found fit for duty, and in 2005 he was deployed to Iraq for 1 year in support of OIF1. 6 months into the deployment he started developing circulation issues, swelling, discoloration of his right foot/toes, etc. They called it blue toe syndrome but they kept saying the source was unknown so he was prescribed an antibiotic and ibuprofen to manage the pain for the remainder of the deployment. 3 months after that he was put on a Statin and a Beta Blocker for Atherosclerosis. Upon returning to CONUS he made several trips to the VA but it was not until the following year (2007) before he was officially diagnosed with peripheral arterial disease. Up until then they kept giving him Ibuprofen. His condition continued to progress. He took a job as a DA civilian on post from 2007-2008. At the end of 2007 they started the MEB process and he was declared unfit for duty in April of 2008. The decision didn't become final until 2010. From 2007 until 2010 he was not able to drill and as a result he only had 12 years at the end of his service . In 2008 he was able to obtain social security for his disability while he waited the outcome of the board. The final ruling was that his claim was denied due to his coronary disease being a pre-existing condition and they declared the PAD as an extension of his coronary issues. My father felt defeated and after 1 appeal he pretty much gave up. Now at 63 years of age social security is his only source of income. He cant work do to all the limitations of his disability and he doesnt qualify for any other types of assistance. The amount that he makes in SSI is barely enough to keep a roof over his head. My issues are this.... my interpretation of AR 40-501 tells me that he should have never been fit for duty after his heart attack. In my opinion the fact that they cleared him for duty negates their argument of any preexisiting condition. In addition, he didnt start having the circulation issues until he was on a deployment so in other words, if they are insistent that it was a pre exisiting condition, it was definitely aggravated while he was on a active deployment . Is my logic wrong? Do you think he should have a valid claim? Thanks in advance for any help.
 
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