Can you list all disabilities on a DA Form 7652 without Lod's?

iraqvet77

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My Readiness NCO "Army National Guard" told me that I can list only the disabilities that I have approved LOD's to be entered on the Commanders Performance and Functional Statement. Is that correct or wrong? If it's wrong please explain your reason and if theres a Army Regulation that can back up the statement please quote what reg it is.

Thanks alot!!!
 

Jason Perry

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It is wrong- reasoning:
1) The regulation does not make a delineation between the two on the Commander's Functional Statement;
2) In the absence of a negative finding from a Formal LOD, your conditions are presumed to be in the line of duty and/or service aggravated.
 

tngnco8

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Jason's RIGHT!!! All conditions should be listed regardless of LOD status. If they are not listed they won't be considered in this process. This is the time to put everything out there for the C&P doc(s), MEB doc(s), PEB doc(s) and VA doc(s) to review and determine the outcome. If they don't include something that you've listed, I would seek legal counsel and prepare to appeal throughout the process as we are allowed to do. "Conditions are presumed to be in the line of duty and/or service aggravated." Therefore no LOD is REQUIRED.
 

Hawkeye99

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I'm assuming the same applies for the AF equivalent form?
 

grizz13

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Jason's RIGHT!!! All conditions should be listed regardless of LOD status. If they are not listed they won't be considered in this process. This is the time to put everything out there for the C&P doc(s), MEB doc(s), PEB doc(s) and VA doc(s) to review and determine the outcome. If they don't include something that you've listed, I would seek legal counsel and prepare to appeal throughout the process as we are allowed to do. "Conditions are presumed to be in the line of duty and/or service aggravated." Therefore no LOD is REQUIRED.
Yes this is the same for Army, you are to list everything from a pinky that won't bend correctly to a positive PPD to IBS... In some cases like another member of this forum has it thing it was 64 listed claims, I myself had 13.
 

iraqvet77

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Yes this is the same for Army, you are to list everything from a pinky that won't bend correctly to a positive PPD to IBS... In some cases like another member of this forum has it thing it was 64 listed claims, I myself had 13.
Do you remember what member who claimed 64 issues
 
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