New and confused

Qwiksting

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Sorry to keep updating this, but I just found my VA rating and it is dated 22 Mar 2005. It was back dated to the day I was released from Active duty from Iraq. I filed a claim within the one year time frame of Active army discharge so I guess they back dated it to the day I was released. After that point I was back in the ARNG. So, I was awarded 70% mar 05, but was administratively discharged from ARNG may 06.
 

maparker

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Even more compelling evidence that your case was screwed up. They dismissed you for PTSD with out a MEB/PEB via a process used for non duty related conditions and yet the VA service connected the same condition a year before. Amazing. Was your VA rating the trigger for your guard unit assessing your fitness?

Mike
 

Qwiksting

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I don't think so, I got the rating after I was discharged. It was backdated to my release from active duty. The trigger that was used was the letters written to the ARNG from my va psychiatrist and psychologist . They were requesting I get medically discharged from the ARNG and that I do not need to go to drills anymore. I was told not to go back to the unit, that the unit would handle all of the paperwork. I didn't sign anything nor was I ever told I needed to do a meb or peb. It was only after a few months that I was called and told I was discharged and was sent a ng-22. It looks like the ssmbr and state surgeon general used those letters as reason.
 

Jason Perry

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You have nothing to lose and a lot to gain in applying for retirement from the ABCMR.

Additionally, I think there is an issue with applying from the date of your separation from active duty vice your separation from the reserve component. I would consider asking for both, but I suspect you have a case for the earlier date.

Combine this result (retirement) with CRSC and you have a substantial amount of compensation due to you.
 

Qwiksting

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Thanks for the information. It make take sometime to get everything I need together to send the ABCMR.
 

Qwiksting

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I found papers that were filled out by my company co, a profile that stated PTSD that were sent to the state surgeon general that was used as well the va dr that was used for separation
 

Ed Mercanti

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You do not NEED representation, but keep these things in mind: The Army starts with the persumption that what happened was correct. Its up to you to show an error or injustice occurred by a preponderance of evidence. Are there other factors in your case which could hinder the liklihood of your success which are not evident in this thread (e.g., did you fail to take a physical examination)?

Counsel would write your case in a manner which would show that the applicable laws and regulations were not followed and it would be in the interest of justice to grant your request.
 

Qwiksting

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I see. Ok well there no evidence working against me except me assuming I was medically retired based off of the state surgeon medical disability review board (SSMDRB). I thought that was what guard and reservist did. I did see a paper that said if soldier feels that the findings from ssmdrb were incorrect, they should notify the state surgeon general to request an meb. I see on my ng- 22 that is the reason cited ngr600-200 27u. However I was never scheduled nor notified for a physical
 

maparker

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I don't think so, I got the rating after I was discharged. It was backdated to my release from active duty. The trigger that was used was the letters written to the ARNG from my va psychiatrist and psychologist . They were requesting I get medically discharged from the ARNG and that I do not need to go to drills anymore. I was told not to go back to the unit, that the unit would handle all of the paperwork. I didn't sign anything nor was I ever told I needed to do a meb or peb. It was only after a few months that I was called and told I was discharged and was sent a ng-22. It looks like the ssmbr and state surgeon general used those letters as reason.


No, it absolutely does.

You were separated as if your PTSD was not incurred while entitled to basic pay. You have the VA stating your PTSD incurred while entitled to basic pay and said this condition existed prior to the date you left active duty, well before you were separated from the reserves. Then the VA sends a letter to the guard stating your condition is not compatible with further military service. The guard then discharges you stating the unfitting PTSD was not incurred while entitled to basis pay. I have seen this scenario play out too many times to count.

I have no idea if your guard organization was ignorant of proper procedures or if they were deliberately out to avoiding paying disability benefits (Ironically, I believe the disability payments would be from the Title 10 Army). Regardless, it was wrong and you deserve to get it corrected. There are countless others that were similarly screwed and don't even know it.

Mike

 

Qwiksting

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Can someone tell me who initiates an LOD within the chain of command? Would it be the soldiers responsibility?Would it be the Commanders responsibility? Who decides what is LOD and NON LOD?
 

maparker

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It looks like you need to study AR 600-8-4. From AR 635-40:

3–4. Line of duty decisions

a.
Under the laws governing the Army PDES, Soldiers who sustain or aggravate physically unfitting disabilities must meet the following LD criteria to be eligible to receive retirement and severance pay benefits.

(1) The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training (IDT).

(2) The disability must not have resulted from the Soldier’s intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence.

b.

LD decisions are reached according to policies and procedures prescribed in AR 600–8–4. Copies of LD decision,

DA Form 2173 (Statement of Medical Examination and Duty Status), or DD Form 261 (Report of Investigation—Line of Duty and Misconduct Status) must be included in the official records of the case. When a board or council has substantial evidence, however, showing that a prior decision may be incorrect for any reason, they must include such
evidence in the case record and request U.S. Army Human Resources Command (AHRC–PDC–P), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5208 to review the LD determination before final disposition of disability processing at Headquarters, Department of the Army (HQDA) level (see para 4–19

c. In certain categories of activities, the deputy commander, PEB president, or alternate president have the authority to make findings of “in line of duty, not due to own misconduct” when no LD investigation has been completed and specific criteria have been met (para 4–19
 

Qwiksting

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Thank you Maparker for your knowledge of this stuff. I am trying to figure out what to do, and how all this will play out.
 

Qwiksting

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There was no LOD conducted, no copies of NILOD if that was the case. No counceling from Commander in reference to LOD findings. MILPO was supposed to inform me of findings. this is getting deep
 

Qwiksting

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well, hopefully the ABCMR will intervene as I sent my "packet" to them.
 

scott35

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well, hopefully the ABCMR will intervene as I sent my "packet" to them.
I feel your pain, as I am in the exact same boat. Was placed into retired reserve due to being medically unfit for prolonged PTSD. Orders dated 03 Jun 2011. Army stated non duty related. However, VA service connected it to my Iraq deployment 30% in Aug 2009. Va has sinced increased to 50% same condition. I filed with ABCMR in Oct 2011 still waiting on news. More details of my case can be seen on my post dated 6 May 2012. Hope thing work out for us brother, we have to fight for what we and our families deserve. GOOD LUCK
 
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