National Guard LOD Question

[Jenningsjs]

I recently submitted an LOD for fibromyalgia pain that required an ER visit on a drill weekend. The pain was caused by the strenuous activity at Drill that day. I was told (unofficially) that the LOD was sent to NGB as NOT in the line of duty. As I have already been referred to a MEB for other reasons not related to the fibromyalgia, does the NLD finding mean that I will get a VA rating for the fibro but not an Army rating? If so, can I submit further LODs for future drill / AT dates when the activity level causes my fibro to flair up? If I do submit further LODs will they be lumped with the original or treated separately?

 

[gsfowler]

In order to get rated by the VA for the condition, you must be able to demonstrate that it is at "least likely as not" (basically 51%) that the condition was occurred during, or was aggravated while you were entitled to active duty pay.

At any time that you were on orders did you have any signs or symptoms of Fibromyalgia?

 

[Jenningsjs]

GSFowler, thanks for the reply. On the VA side, most of my conditions are presumptive from my Desert Shield / Desert Storm service (fibro, chronic fatigue, etc). My problem is I did an LOD on a drill weekend because the activity of the weekend caused my fibro to flair up. I was told the fibro LOD was sent to NGB as NOT in line of duty. I was asking if this would cause it to not be included in the computation of my Army disability rating (separate from VA rating). If it is not included in my Army rating, can I submit a second or more LOD for the fibro for future Drill / AT dates until it is found in the line of duty.

 

[gsfowler]

Presumptive conditions do not really apply to Reserve related injuries. Try to get on orders for greater than 30 days, then go on sick call for the Fibro.

I cannot fathom Fibro being given a LOD yes unless you are on orders for greater than 30 days.

 

[pittpan2005]

GSFowler, thanks for the reply. On the VA side, most of my conditions are presumptive from my Desert Shield / Desert Storm service (fibro, chronic fatigue, etc). My problem is I did an LOD on a drill weekend because the activity of the weekend caused my fibro to flair up. I was told the fibro LOD was sent to NGB as NOT in line of duty. I was asking if this would cause it to not be included in the computation of my Army disability rating (separate from VA rating). If it is not included in my Army rating, can I submit a second or more LOD for the fibro for future Drill / AT dates until it is found in the line of duty.

You would need to go to the LOD section of the manual, but a condition can be considered for DoD ratings absent a LOD finding, or even when a LOD investigation comes back with a negative finding. It is more difficult, but can be done.

 

[Jenningsjs]

You would need to go to the LOD section of the manual, but a condition can be considered for DoD ratings absent a LOD finding, or even when a LOD investigation comes back with a negative finding. It is more difficult, but can be done.

Can you please define what you mean by LOD section of the manual?