If anyone has had a LOD denied that they felt was incorrect AND are willing to give me details about your situation, I would love to add it to my source materials for my paper. Feel free to DM me if you don't feel comfortable posting it in the general forum.
I have an excellent case for you. I want to state right now I am not blaming anyone for this issue nor am I trying to disrespect anyone who was involved in the process of my injury.
Most can't believe the issues I've come across because I broke the bone in my arch on 502(f)(2)(a) title 32 orders (federal - COVID). After I broke my foot on June 26th, 2021, I went to the VA ER in Minneapolis on June 28th because the pain was unbearable to walk on. I had x-rays taken, but the doctor didn't see any fractures. She gave me a walking boot to help with comfort and it was labeled as a bad sprain. I went to the VA ER again on July 14th because the pain was getting worse. The VA did a CT scan and noticed I have an extra bone in my arch called a Navicular bone. The CT scan didn't show any cracks or fractures so I left with a "sprain" again. They did refer me to podiatry. I had a MRI on July 17th and received the results on July 23rd. I started annual training (AT) on July 19th through July 30th, but with limited duty due to the pain and walking boot. I am the master driver for the company, as of February 2021, which I found out while I was on the 502f orders. I told my COC the results show the Navicular bone had a crack which separated that bone from my arch and the tendon was holding it so whenever I walked, it potentially moved when I put pressure on it.
I volunteered when the governor of MN gave the executive 20-64 order to activate the National Guard for Full-Time National Guard Duty - Operational Support (FTNGD-OS). I started state active duty on September 21st, 2020, through December 14th, 2020, and then we transitioned to 502f orders on December 15th, 2020.
Per the OPORDs for this COVID mission, Soldiers are to medically in-process AND out-process. NOBOBY was medically out-processed after the orders ended. I asked if someone needs to complete a CCIR for my foot and was told the unit is supposed to take care of injuries and LODs. I saw the podiatrist at the MPLS VA on August 6th, 2021. He recommended surgery so this issue doesn't happen again plus this was the fastest way to fix this injury so I could return to duty. I didn't get the proper form that needed to be filled out before August drill (14th-15th) so this affected possible INCAP pay. I received the required form signed by my doctor on August 20th. Since I was required to drill, INCAP pay turned to a tier 2, which pays me either what I could make or a portion of what I could make. My employer (MAYO) sent a letter stating they can't predict what I make because of the numerous shift differentials plus continuous OT the hospital staff work.
I contacted IG because the process was taking way too long, it was already the beginning of October. The reason I contacted IG was to fix this process for future issues that Soldiers may have. While on these orders, if a Soldier was on FTNGD over 30+ days, he or she received certain benefits that title 10 do. After 90 days, Soldiers received every benefit that AD Soldiers on title 10 receive. The LOD process follows AR 600-8-4 (per the COVID posted OPORDs). INCAP pay can't be paid until there is an approved LOD. My LOD wasn't approved until October 4th, 2021. I have been without a steady income since August 1st, besides my current VA disability and the August drill check. I have contacted numerous officers, NCOs, CVSOs, and retired military Soldiers to ask about the process of federal orders for title 32 502f orders. Majority stated I should have been kept on the same orders because the injury was major which put me out from military duty and my civilian job. I fought 3 times for orders to be extended or medical orders. IG was told by JAG that the reference I stated from DoDI Policy 1241.01 does not pertain to 502f orders because we are not "active duty". I have 3 or 4 references that contradict the term active duty.
1) The term ‘‘
active duty’’ means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned.
Such term does not include full-time National Guard duty.
(2)
The term ‘‘active duty for a period of more than 30 days’’ means active duty under a call or order that does not specify a period of 30 days or less.
(3) The term ‘‘
active service’’ means service on active duty or
full-time National Guard duty.
Does anyone else see how confusing this is? Does not include FTNGD, but means active duty under a call......"active service" means "active duty"......?
I've attached numerous documents that pertain to terminology the military likes to use. The 1241.01 policy does state if a Soldier incurs an in-LOD injury, he or she will remain on active duty until the Soldier is referred to the the IDES or returns to duty. These are not RCMC orders, they would be the orders I was on and should have been extended due to a broken foot. When I quoted references, IG inquired with JAG and this is what I was told. The AR 135-381 states a Soldier "may" remain on active duty orders for an injury/LOD. It says "may" not "will" or "must"......who determines this??? Every Soldier that was on these orders over 30 days received family separation allowance, SCRA, Post 9/11 GI bill, veteran home loan benefits, Tricare Prime Remote, TAMP after orders, and if injured in-LOD follow 10 USC code 1074a reference (e). "
``A member of a uniformed service described in paragraph (1)(B) or (2)(B) of section 1074a(a) of this title may be ordered to active duty, and a member of a uniformed service described in paragraph (1)(A) or (2)(A) of such section may be continued on active duty, for a period of more than 30 days while the member is being treated for (or recovering from) an injury, illness, or disease incurred or aggravated in the line of duty as described in any of such paragraphs.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following:
(b) Medical and Dental Care for Members.--Subsection (e) of section 1074a of such title is amended to read as follows:
``(e)(1) A member of a uniformed service on active duty for health care or recuperation reasons, as described in paragraph (2), is entitled to medical and dental care on the same basis and to the same extent as members covered by section 1074(a) of this title while the member remains on active duty.
``(2) <<NOTE: Applicability.>> Paragraph (1) applies to a member described in paragraph (1) or (2) of subsection (a) who, while being treated for (or recovering from) an injury, illness, or disease incurred or aggravated in the line of duty, is continued on active duty pursuant to a modification or extension of orders, or is ordered to active duty, so as to result in active duty for a period of more than 30 days.'' I don't know how much clearer I can make this? Can someone please tell me if I am missing something here? I was on orders for 10 months and received a DD214. I broke a foot and was left to try to figure everything out on my own. It is December 5th and I still have no income. My savings has been depleted and I have been putting bills on a credit card. I asked for financial help, but all I qualified for was $150 for food, paid 1 month of my car insurance, and paid my utilities for 2 months so far. What about my car payment, loan payments, credit card payments, internet, phones, car repair bills, medical bills, etc.... Also, my medical bill of $1100 can't be helped with, but if my daughter has medical or dental bills they would pay those??
My INCAP paperwork couldn't be submitted until the LOD was approved which was October 4th. I didn't sign the forms until October 20th because I was fighting to remain on orders. After I signed it, the commander signed the same day, and someone else signed it November 10th and finally it was approved November 24th, but now it went to the NGB. I've asked how long is this going to take? I've asked for the number to NGB and get asked why? I have no problem calling to find out what the status is because I can guarantee you if a LTC, COL, CSM, or other higher rank went 5-6 months without pay, it would be a no go and fixed right away.
November 10th I received an email from OSS asking if they could call my employer to verify my income. I gave them every single paycheck stub from the military and my civilian job. I allowed it of course. I get an email back on November 18th asking for 3 years of W2s?! Apparently my income had too many discrepancies. Of course it did because 2018 I was in RN school and graduated that winter. I didn't work much OT that year. 2019 I made $47,000+ because I consistently work OT. 2020 I was on orders for a total of 138 days, about 20 weeks total. I made about $32,000+ from January to September 2020. Between all of the orders, 4 different calls to duty, of course my income is going to be drastically different. Finally on November 22nd I received another email but they took an average of 2019 and 2020 and divided it by 24 months. I fought that case because I missed work for a total of 20 weeks. On November 24th, they accepted what I wrote and divided the income from 2019 and 2020 by 20 months, not 24. So because I had to attend drill in August, I only receive tier 2 INCAP, but for the rest of the months I get tier 1 which is full military pay and benefits.
Trust me, there is alot more to this situation, but I'm tired of thinking about it. If anyone has questions, feel free to ask. I have read so many ARs, DA PAMs, executive orders, DoDI policies, proclamations, you name it. I have a letter ready for the MN state senator because no Soldier should go nearly 5-6 months without an income. I have completed 2 overseas tours, 5 state active duties, numerous times I've volunteered for the companies I was with and don't deserve to be "neglected" like this. What happened to Soldier care? I'm waiting to get paid to this day.......
Sorry, little frustrated about this whole ordeal. If anyone knows someone who will fix this issue country wide, please give them my contact information.
SSG Lewandowski