21 Years Guard LOD overturned

TSGT4LIFE

New Member
Registered Member
I am a 21 year air national guardsman and 13 of those 21 years have been as a Title 32 Technician. I recently deployed to Kuwait for what would be my 5th and final deployment. I didn't know that at the time. I come home and a couple weeks after I have been home I am diagnosed with an aggressive soft tissue sarcoma. I was issued an informal LOD and placed on MEDCON orders based on the fact that I had complained about some gastrointestinal issues while I was deployed. The MEB decides I need to go to the IPEB. The IPEB returns my case without action stating that there were some errors made. The PEBLO corrected those errors and sent it back. The IPEB overturns my LOD based on "accepted medical principals" stating my cancer was EPTS. My MEDCON and healthcare stopped immediately. I was denied an appeal on the LOD decision and was given an 1180 to sign. I elected to go to the FPEB. I believe that I qualify for the Eight Year Rule based on all of my research on US Code Title 10 and Title 32. I just don't know who and where to confirm it with. I know this is going to SAF/PC but I need to give them overwhelming evidence that I have a right to service connection and disability. Looking forward to hearing your replies.
 
Seek out an attorney, preferably a private one that is dedicated to you for this upcoming FPEB. The LOD isn't applicable since you are NG unless you have been active duty for 8 years such as AGR program. You still have a chance for things to go your way but don't go it alone.
 
This is out of my areas of expertise, but this might related:

Ref: 10 U.S. Code § 1207a - Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions
---->LINK

excerpt:

"...who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty."

Ron
 
Seek out an attorney, preferably a private one that is dedicated to you for this upcoming FPEB. The LOD isn't applicable since you are NG unless you have been active duty for 8 years such as AGR program. You still have a chance for things to go your way but don't go it alone.
Correction... Meant to type the LOD is applicable. You don't get grandfathered for the military accepting responsibility for everything in NG unless you have had 8 years active duty service.
 
Definitely talk to an attorney. I don’t know whether there is any distinction between an informal and formal LOD but I don’t think the MEB or PEB has authority under regulation to overturn an LOD.
 
This has attention at the highest levels of the US Govt NOW!

Read this post. ANG and AFRC are violating law constantly to deny LODs, MEDCON, IDES. See links to file IG reprisal complaint and Congressional Oversight whistleblower.

View: https://www.reddit.com/r/airnationalguard/comments/112fz9a/wrongs_and_injustices_in_the_lod_process/


Department of Defense Office of Inspector General > Components > Administrative Investigations > Whistleblower Reprisal Investigations > Whistleblower Reprisal

 
Top