Army national guard LOD question

Tripletparent

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I was on drill weekend and noticed shortness of breath and swelling of my leg. I went to the hospital to find out I had a blood clot that broke off and went into my lung. Also the doctor told me I am a severe anemic.
I requested a LOD because it was on duty and I stated PT might have aggravated this. The medical bills were paid, but the medical readiness NCO asked me how do you think the Army injured you to get a LOD?
I am treatable and still in working for retirement but my anemia won’t get better and I have a greater chance of developing another blood clot.

Is there a way to word this to claim a LOD? I was close to being kicked out with just a handshake, Im fighting to stay in but is their a way to be compensated?
 
To be honest, you have already answered your own question. You were on drill weekend and you believe that the stressors of PT caused a embolism.

When you file a claim with the VA for compensation, you can submit your LES and medical records. I would recommend getting a couple of lay statements from those who were present when you were injured. Did you travel by ambulance to the ER? If so, those records will have the pick up location.
 
To be honest, you have already answered your own question. You were on drill weekend and you believe that the stressors of PT caused a embolism.

When you file a claim with the VA for compensation, you can submit your LES and medical records. I would recommend getting a couple of lay statements from those who were present when you were injured. Did you travel by ambulance to the ER? If so, those records will have the pick up location.

Thank you for your input but I was told by the VA to get a claim I would need a LOD while being in the military. I’m trying to get the LOD and make sure it is good so it doesn’t get kicked back. I keep getting asking tho how is the blood clot military related. I can say it was aggravated but is that enough?
 
It is military related because it happened while you were entitled to pay.
 
Definitely LOD eligible. I would suggest you get the records mentioned above ASAP. Keep them forever. Only give away copies.
 
Your medical NCO is incorrect. You are absolutely entitled to an LOD. Look up DODI 1241.01, 3a.
" An RC Service member is entitled to medical and dental treatment for an injury, illness, or disease that was incurred or aggravated while in a qualified duty status and that is not the result of gross negligence or misconduct (referred to in this instruction as a "covered condition"). A determination that establishes a covered condition will be referred to in this instruction as an "in-LOD determination."

The Army owes you a LOD. Print out the applicable pages of this DODI and don't take no for an answer. I am unfamiliar with the ARs that specifically implement this DODI. Those would definitely help in your endeavor. You are covered during transit to and from drill, and during the entire drill weekend.
 
Your medical NCO is incorrect. You are absolutely entitled to an LOD. Look up DODI 1241.01, 3a.
" An RC Service member is entitled to medical and dental treatment for an injury, illness, or disease that was incurred or aggravated while in a qualified duty status and that is not the result of gross negligence or misconduct (referred to in this instruction as a "covered condition"). A determination that establishes a covered condition will be referred to in this instruction as an "in-LOD determination."

The Army owes you a LOD. Print out the applicable pages of this DODI and don't take no for an answer. I am unfamiliar with the ARs that specifically implement this DODI. Those would definitely help in your endeavor. You are covered during transit to and from drill, and during the entire drill weekend.
Thank you!
 
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