ANG dual status technian

Jmc81

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Made progress the last couple days. The commanders form/letter now says ILOD so that's good. Also medical rounded up all my medical information and sent the package to NGB today for them to do a ILOD determination like others said on here. I feel like I was being steered the wrong way for a bit but by my medical and commander but I ask questions and say when something doesn't seem right. I've been told by multiple medical personal 2 months and the LOD and fit unfit will be completed so the end of October beginning of November. Anyone want to bet on it?
 

Guardguy11

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No way am I taking that bet. Anyone that can state a definitive timeline dealing with LODs and IDES is a moron or a fool.
 

Jmc81

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Well VA denied my neck injury claim. I'm very disappointed in that outcome. My VSO told me they VA agreed I was in military status at work that there was infact a neck injury and that my neck is still injured but they think it improved and I hurt it again while at home not in mil status. So I have more paperwork to turn in for that condition VSO thinks there is still a good chance cause they admitted I was injured. I can see why VA has its reputation now.
 
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Jmc81

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Does anyone on here have a VA phone number that can assist me with letting them know what days I'm in military status so I don't collect VA and mil pay for the same day and have to pay someone back?
 

Kristine499

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Hello everyone,
I'm dual status tech been in 17 years all national guard activated and did security forces in 2004 not my usual job . Was working ARNG one day the guy went wild with me in the rig and rolled it freaked me out. Got stiches up had neck pain but didn't break my neck. I had other stuff happen over the years at work that caused stress. Back in October I put in for anxiety, panic attacks, neck pain and ringing in ears with VA didn't hear anything back from them seems unusual. Couple weeks ago I did my PHA flagged me did my talk with counselor she said she said seems like ptsd so she sent that to VA. I than had to talk to on base therapist and she ask bunch of questions, I had seen her few times for issues before. And she told me I'm gonna have to send this to the DAWG you won't be deployable. She wanted to speak with my civilian therapist also. She started writing up a report I will talk with her Monday more. I am struggling to do my job some. I'm wondering if I could get some insight on the process what's the DAWG and she said if wasn't resolved in the near future could or fixable issue it could cause medical out. I've been on and off anxiety meds for years and been in therapy for years I had kept it to myself until I went for AGR job it all came out. I'm ok if they push me out I should have few years ago. What are the chances anxiety panic attacks depression maybe ptsd can put me out.
Thanks for any help on understanding this process.
Hello there,
I have a few questions.

#1 who prescribed the medication? for your medication?
#2 where do you work now as a federal technician?
I’m currently on medication as well due to PTSD, and I am finishing up my temp agr in October. I was told I can stay in as long as the medication wasn’t prescribed by a Psychiatrist.
Hello everyone,
I'm dual status tech been in 17 years all national guard activated and did security forces in 2004 not my usual job . Was working ARNG one day the guy went wild with me in the rig and rolled it freaked me out. Got stiches up had neck pain but didn't break my neck. I had other stuff happen over the years at work that caused stress. Back in October I put in for anxiety, panic attacks, neck pain and ringing in ears with VA didn't hear anything back from them seems unusual. Couple weeks ago I did my PHA flagged me did my talk with counselor she said she said seems like ptsd so she sent that to VA. I than had to talk to on base therapist and she ask bunch of questions, I had seen her few times for issues before. And she told me I'm gonna have to send this to the DAWG you won't be deployable. She wanted to speak with my civilian therapist also. She started writing up a report I will talk with her Monday more. I am struggling to do my job some. I'm wondering if I could get some insight on the process what's the DAWG and she said if wasn't resolved in the near future could or fixable issue it could cause medical out. I've been on and off anxiety meds for years and been in therapy for years I had kept it to myself until I went for AGR job it all came out. I'm ok if they push me out I should have few years ago. What are the chances anxiety panic attacks depression maybe ptsd can put me out.
Thanks for any help on understanding this process.



#
 

Jmc81

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Hello there,
I have a few questions.

#1 who prescribed the medication? for your medication?
#2 where do you work now as a federal technician?
I’m currently on medication as well due to PTSD, and I am finishing up my temp agr in October. I was told I can stay in as long as the medication wasn’t prescribed by a Psychiatrist.




#
I'm not on medication now, in the past I was. I'm in the air national guard. I think it has more to do with deployability and restrictions and if you can perform your job. Maybe liability issues also. Years ago some of the anxiety and depression meds I heard could be enough to be pushed out but my med group told me that had changed. So being on med might have no effect on staying in based on what I was told.
 

Jmc81

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Hi everyone,
I could use some help not sure if Jason Perry does it or someone else. This is the breakdown October 29 2018 I did an intent to file with my VSO Oct 28 2019 she contacts me tells me you need to come in tomorrow and finish the claim or you will lose the whole year of potential VA benefits. I brought my stuff to VSO Oct 29. 2019 she said it had to be done before Nov. Some of my claims went through I'm at 70 will most likely get 80. And the VA didnt pay the first year. My new vso looked Into it said it was processed oct 30 2019. He said they received it at 1230. 30 min late it had to be in by noon by some regulation. So 30 min late cost me 20000 CAN I FIGHT THIS I NEED AN ATTORNEY. It was processed in the same month it didn't go over a year need help please.
 

RonG

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Hi everyone,
I could use some help not sure if Jason Perry does it or someone else. This is the breakdown October 29 2018 I did an intent to file with my VSO Oct 28 2019 she contacts me tells me you need to come in tomorrow and finish the claim or you will lose the whole year of potential VA benefits. I brought my stuff to VSO Oct 29. 2019 she said it had to be done before Nov. Some of my claims went through I'm at 70 will most likely get 80. And the VA didnt pay the first year. My new vso looked Into it said it was processed oct 30 2019. He said they received it at 1230. 30 min late it had to be in by noon by some regulation. So 30 min late cost me 20000 CAN I FIGHT THIS I NEED AN ATTORNEY. It was processed in the same month it didn't go over a year need help please.
I am not an expert on "Intent to File" procedures, but I successfully used it with my last claim.

My comments are related to whether something is "on time" or within an allowable period.

VA: "The date VA receives your intent to file will be protected as your effective date. However, the correct application form must be submitted within one year."

Based on my experiences with military pay, computing bonuses, etc., a lifetime ago, my thoughts include:
If one filed an intent to file on 29 October 2018, it had to be received by 28 October 2019 to be considered received within one year.
Receipt on 29 October 2019 is one year and one day.
Receipt on 30 October 2019 is one year and two days.

Practical example: I first entered active duty 18 October 1966. On 17 October 1967 I completed one year. On 18 October 1967 I had one year and one day.
The same logic applied when considering longevity increases such as E7 over 20, E9 over 26, etc.

Extracted from the Intent to File form:
MPORTANT: After receiving this form, VA will give you the appropriate application to file for the general benefit you select above. You can also apply for VA disability compensation online atwww.va.gov. If you give VA a completed application for the selected general benefit within one year of filing this form, your completed application will be considered filed as of the date of receipt of this form. Only the first completed application for each selected general benefit that is received after you file this form will be considered filed as of the date of receipt of this form. You may indicate your intent to file for more than one general benefit on this form or you may submit a separate intent to file for each general benefit. Please complete as many fields in Section II as possible. VA cannot process this form if we cannot identify the claimant and veteran.

Ron
cc: @Jason Perry
 

RonG

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Somewhat related, but not specifically for Intent to File.

38 CFR § 3.110 - Computation of time limit.

p
§ 3.110 Computation of time limit.
(a) In computing the time limit for any action required of a claimant or beneficiary, including the filing of claims or evidence requested by VA, the first day of the specified period will be excluded and the last day included. This rule is applicable in cases in which the time limit expires on a workday. Where the time limit would expire on a Saturday, Sunday, or holiday, the next succeeding workday will be included in the computation.
(b) The first day of the specified period referred to in paragraph (a) of this section shall be the date of mailing of notification to the claimant or beneficiary of the action required and the time limit therefor. The date of the letter of notification shall be considered the date of mailing for purposes of computing time limits. As to appeals, see §§ 19.52, 20.203, and 20.110 of this chapter.
(Authority: 38 U.S.C. 501)

Ron
 

Jmc81

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What I am being told is my intent to file was sent with in the one year but it was afternoon and noon is the deadline to process it pushing it to the next day making it out of date. I just feel like that is a load of crap. But like everything in government it makes no sense. I will work with my old and new VSO see what we can do, I waited little to long.
 
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Jmc81

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Thanks RonG for the advice info. Also I was rated 70% PTSD MDD though the VA which are the unfitting conditions that have led to IDES. Does that mean I would be 70%DOD with the medically retirement though the military. I started the VA process before the IDES so things are out of order.
 
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