Hello,
Last year, I was on AT orders and heading to my reserve center. I made the mistake of locking myself out from my apartment and attempted to climb into my balcony. I slipped, fell, and landed on my neck. The injury sustained left me paralyzed, and I am now a quadriplegic. I have been dealing with a LOD appeal for the last 18 months. Although I was on orders, the Army Reserve refuses to acknowledge my injuries as service-connected.
The unit administrator that was supposed to begin my LOD process held off on doing so because he was about to PCS. The first three months of my recovery were billed to my private insurance. When it was time to find a rehabilitation center specializing in spinal cord injuries, I found a local VA. At this point, I still had no assistance from the Army Reserve. I was only accepted into this facility because I had a DD214 from deployment. The VSO I worked with stated that because I was on orders the injuries, I had qualified me to receive service-connected benefits from the VA.
After almost a year post-injury, there was still no movement on my LOD. My VSO recommended I submit a congressional inquiry. Shortly after doing so, I received an official memo from the USARC G1 Health Services Branch. I was informed that my LOD was denied due to misconduct because my actions were considered reckless. I had the opportunity to appeal this determination and worked with JAG to submit an official rebuttal. My defense included a letter from my Congressman, character endorsement from a GO (Brigadier General), and evidence stating that the Regulation, which defines recklessness and personal misconduct, was cited incorrectly.
After waiting for months, I received an update that the USARC G1 approved my appeal, and the determination of my LOD was In Line of Duty. However, I received a memo from HRC G1 stating that they overturned my decision again, denying ILD. To this day, I have not received any pay or INCAP and no support from my chain of command. I’m paralyzed from the neck down and can no longer work. I have been dependent on family for physical and financial support. An approved LOD would allow access to resources at the VA and provide significant assistance for my condition.
I now have 30 days to appeal the official decision made by HRC G1. Has anyone ever experienced this process, or is there any advice that would help moving forward?
Last year, I was on AT orders and heading to my reserve center. I made the mistake of locking myself out from my apartment and attempted to climb into my balcony. I slipped, fell, and landed on my neck. The injury sustained left me paralyzed, and I am now a quadriplegic. I have been dealing with a LOD appeal for the last 18 months. Although I was on orders, the Army Reserve refuses to acknowledge my injuries as service-connected.
The unit administrator that was supposed to begin my LOD process held off on doing so because he was about to PCS. The first three months of my recovery were billed to my private insurance. When it was time to find a rehabilitation center specializing in spinal cord injuries, I found a local VA. At this point, I still had no assistance from the Army Reserve. I was only accepted into this facility because I had a DD214 from deployment. The VSO I worked with stated that because I was on orders the injuries, I had qualified me to receive service-connected benefits from the VA.
After almost a year post-injury, there was still no movement on my LOD. My VSO recommended I submit a congressional inquiry. Shortly after doing so, I received an official memo from the USARC G1 Health Services Branch. I was informed that my LOD was denied due to misconduct because my actions were considered reckless. I had the opportunity to appeal this determination and worked with JAG to submit an official rebuttal. My defense included a letter from my Congressman, character endorsement from a GO (Brigadier General), and evidence stating that the Regulation, which defines recklessness and personal misconduct, was cited incorrectly.
After waiting for months, I received an update that the USARC G1 approved my appeal, and the determination of my LOD was In Line of Duty. However, I received a memo from HRC G1 stating that they overturned my decision again, denying ILD. To this day, I have not received any pay or INCAP and no support from my chain of command. I’m paralyzed from the neck down and can no longer work. I have been dependent on family for physical and financial support. An approved LOD would allow access to resources at the VA and provide significant assistance for my condition.
I now have 30 days to appeal the official decision made by HRC G1. Has anyone ever experienced this process, or is there any advice that would help moving forward?