Jason,
I have provided that exact citation in at least a dozen memos to Generals and IGs. They either ignore me, or tell me I'm wrong without citing any regs. There is just not enough oversight.
When I was assigned to the CA CB-WTU (Sacramento, CA), as a Wounded Warrior, I had to FIGHT to get this unit to write up an LOD request for PTSD (SEP 2009). It took MONTHS for me to get it through their heads that an LODI IS needed for my PTSD. They would not initiate an LOD for mental health - PERIOD.
AFTER MONTHS WENT BY, I FINALLY received a copy of an LODI request, and it was signed off by the CA CB-WTU Commander (SEP 2009).
That LOD determination request never got forwarded to Ft. Lewis for a determination.
I tried for better than TWO YEARS THEREAFTER to get that CA CB-WTU to forward that document for an LOD determination.
I have at LEAST 20 e-mails I have saved during this time frame - quoting REGs and EVERYTHING ELSE - BUT TO NO AVAIL.
In the SUMMER of 2011, after my Nurse Case Manager said "we don't/never did one/can't find it" (she lied to me sooo many times), I sent her a copy of the ORIGINAL, SIGNED COPY (sent to me as an e-mail attachment in SEP 2009).
20 emails (+/-), to include direct emails to the Commanders of this unit, and then when my Nurse Case Manager saw the original LODI, she said I was NOT to have EVER received this!
She was mad that someone had even given me a copy of my LOD request - completely filled out and signed by the Commander (SEP 2009). Why was I in possession of the LOD request for determination - I wasn't supposed to have it!
I was finally IDES discharged (PDRL in APR 2012) at 70% WITHOUT being rated for PTSD.
The ARMY IDES system did not rate my PTSD - how could they?
The VA rated my PTSD at 70% effective at date of discharge to PDRL.
Most of these people ("Soldiers") who worked at the CA CB-WTU came from the CA National Guard/Army Reserve system in Sacramento, California!
I even have records in my med files from the CA CB-WTU that shows assessment for PTSD by the CA CB-WTU social work/mental health civilian (SEP 2008), and subsequent enrollment into the VA CPT program for issues related to PTSD (Winter 2009 - Summer 2010).
And I had to fight CA CB-WTU to get permission to get into the VA CPT program - and had to start and stop my CPT therapy with the VA, too!
But that LOD Request for Determination NEVER went forward. Ft. Lewis never got it, and my REPEATED emails to CB-WTU for a re-submittal, a redo with current date/CDR signature, ANYTHING (just get it done!) - ANYTHING - AND NOTHING was ever done!
I have saved all the email traffic on this (to include the original signed LODI request) and will be happy to submit to Jason or maparker upon request.
The LODI was correctly filled out, correctly signed off, but it was never sent forward!
How DARE they (CA CB-WTU) presume to have the right to DECIDE the merits of my injury!!! That WAS NOT their JOB!
Lack of processing an LOD request for determination is how the system can cheat you out of an accurate and fair medical evaluation, it can cheat you out of being able to get treatment for PTSD (and for soooo many OTHER issues), and can most certainly cheat you out of a fair IDES determination.
An LODI is a key and often-times CRITICAL, linchpin document needed to provide the SM INITIAL treatment and continuing care, and can help to provide the IDES process with an accurate assessment of ratings determinations. It can also assist the Veteran in obtaining access to proper VA health care, CRSC benefits, and other post-discharge help (aid and attendance, etc).
Not having an LODI determination when by LAW/REGs, there needs to be one, is just another way for the "system" to save a buck off the backs of the broken.
It's another variation of the theme, "Delay, Deny, We Hope You Die".
Sadly, many have literally died because they could not get the proper assessment and access to care in time.
I know - because I myself, came very, very close to "offing" myself during this time period.
I hope this damnable BROKEN LOD issue gets the Heat of Holy Hell brought down upon it.
STAY IN THE FIGHT!
DO NOT GIVE UP THE FIGHT!
THIS HAS BEEN GOING ON FOR YEARS - AND SERVICEMEMBERS LIVES HAVE BEEN CUT SHORT BECAUSE OF THIS!
WE CANNOT, AS A NATION, TREAT OUR WOUNDED SMs LIKE THIS ANYMORE!
V/R,
nwlivewire