Anyone gotten an AF/AFRC LOD for MS diagnosis?

[flyin_dutchman]

I am searching for successful LOD's initiated and given for MS diagnosis while on a pay status? I am AFRC, and I have been getting denial from local Flight Doc to initiate an LOD. Reading AFI 36-2910, this is in direct conflict how it reads, and flighting a battle. Just wondering if any AAF has had success and what you did?

Thanks
Dave

 

[chaplaincharlie]

How long were you on pay status at the time of diagnosis?

 

[flyin_dutchman]

How long were you on pay status at the time of diagnosis?

chaplaincharlie - I know you are very knowledgeable in any facets of this forum and I appreciate all knowlege everyone has, i.e. facts, not hearsay.
Long story kinda short: (if you've seen my other threads?) I am a Traditional Reservist
I was on two short TDY's in Nov '16 (AD $$) when I noticed unusual symptoms. Basically I was On/Off a pay status regularly. In Dec I went to Flt Doc on a AD pay status where he sent me for an MRI. Next day (on pay status) he said it appears I might have suspected MS, but need to see a specialist. Shortly thereafter (5 days), i went on long tour orders for 179 days (which I have been on ever since). I was referred to my specialist where it took about 2 months to officially diagnose me with MSin Mar '17.
The Flt Doc is denying the LOD (from what I hear) due to him saying MS is pre-existing and I quote "I was born with it". From my research, I do see that it can be considered a hereditary type disease, but no one in my known immediate family has ever had it. The issue I am seeing, is there is no way for him to prove that, an there is not way for me to prove that my service has caused the stress or aggrevation to make it exsist.
My main problem, is in reading AFI 36-2910 (LOD rules), it states that an LOD investigation will start immediately when a member is found Injured, Ill,, or Diseased in ANY pay status. This never happened in my case, they just put me DNIF and placed a code 37 on me thereafter. I feel I will have to get OAC involved, but my whole case is being mishandled and I just found out my case file has been sitting at my Med Clinic Admin folks since Aug awaiting an updated MUQ from my CC. The initial CC Letter had expired the 6mos, so that was just done
I know having a CC letter and MUQ makes it seem I have an MEB case, but I have no PEBLO nor have ever had a MEB briefing from anyone? I have never seen an AF Doctor for this since he sent me for an MRI. The real funny thing about it, is that I have a current annual Flight Physical(I've had two annuals since diagnosis) but just have the Code 37 on me. It's ridiculousness......

 

[chaplaincharlie]

@flyin_dutchman

I am sorry to hear about your illness. Thank you for a brief summary.

The service has two burdens to prove: one it was not pre-existing and the secondly it was not aggravated by service. Since the formal diagnosis came while on 179 day orders, I believe you have a case that it is automatically SC. @gsfowler posted on SC while on orders exceeding 30 days. My guess is you will need counsel to help the service weed through its own guidance.

BTW, "MS is not an inherited disease, meaning it is not a disease that is passed down from generation to generation." There are genetic factors, but MS is not inherited.

Hope the ridiculousness ceases soon. Best wishes always.
Mike

 

[Ckin843]

I am searching for successful LOD's initiated and given for MS diagnosis while on a pay status? I am AFRC, and I have been getting denial from local Flight Doc to initiate an LOD. Reading AFI 36-2910, this is in direct conflict how it reads, and flighting a battle. Just wondering if any AAF has had success and what you did?

Thanks
Dave

I'm going thru the same situation. I had to fight for an interim LOD as ILOD. Right now I'm going thru an appeal. I can assist you with all the 36-2910 regulations to fight your appeal.

 

[flyin_dutchman]

I'm going thru the same situation. I had to fight for an interim LOD as ILOD. Right now I'm going thru an appeal. I can assist you with all the 36-2910 regulations to fight your appeal.

You are going thru LOD denial from Med clinic? What are you appealing at this time?

 

[Jason Perry]

chaplaincharlie - I know you are very knowledgeable in any facets of this forum and I appreciate all knowlege everyone has, i.e. facts, not hearsay.
Long story kinda short: (if you've seen my other threads?) I am a Traditional Reservist
I was on two short TDY's in Nov '16 (AD $$) when I noticed unusual symptoms. Basically I was On/Off a pay status regularly. In Dec I went to Flt Doc on a AD pay status where he sent me for an MRI. Next day (on pay status) he said it appears I might have suspected MS, but need to see a specialist. Shortly thereafter (5 days), i went on long tour orders for 179 days (which I have been on ever since). I was referred to my specialist where it took about 2 months to officially diagnose me with MSin Mar '17.
The Flt Doc is denying the LOD (from what I hear) due to him saying MS is pre-existing and I quote "I was born with it". From my research, I do see that it can be considered a hereditary type disease, but no one in my known immediate family has ever had it. The issue I am seeing, is there is no way for him to prove that, an there is not way for me to prove that my service has caused the stress or aggrevation to make it exsist.
My main problem, is in reading AFI 36-2910 (LOD rules), it states that an LOD investigation will start immediately when a member is found Injured, Ill,, or Diseased in ANY pay status. This never happened in my case, they just put me DNIF and placed a code 37 on me thereafter. I feel I will have to get OAC involved, but my whole case is being mishandled and I just found out my case file has been sitting at my Med Clinic Admin folks since Aug awaiting an updated MUQ from my CC. The initial CC Letter had expired the 6mos, so that was just done
I know having a CC letter and MUQ makes it seem I have an MEB case, but I have no PEBLO nor have ever had a MEB briefing from anyone? I have never seen an AF Doctor for this since he sent me for an MRI. The real funny thing about it, is that I have a current annual Flight Physical(I've had two annuals since diagnosis) but just have the Code 37 on me. It's ridiculousness......

I encourage everyone to create a signature block with pertinent details and/or timelines and then use the spoiler function (that's the three dots with the dropdown icon, 12th from the right on the ribbon) so that people can easily reference your case details on every post you make without it taking up space on every post. It would also save time for folks having to search your previous posts to dig out the relevant information. That would take away some of the problems or issues with the bolded part of your post, above.

I just looked at this post:
https://www.pebforum.com/threads/eight-year-rule.43862/page-2#post-214619

That tells me you have at least ten years of active duty. Short answer to all of your LOD issues- because you are on orders of more than 30 days, the Eight Year Rule should apply to you.

Hope this helped!