They won't define what THEIR understanding of supporting documentation IS at State HQ.
MY SITUATION IS THIS: *I'm new here and after reading some previous post on here Im trying to answer as many questions up front as possible. Please bare with me.
Entered Active Army - Feb 1988 (Infantry then Aviation, 25th, 2nd ID, 1st CAV Div, 82nd ABN)
Attended Sick call (Da form 5181-R) - 21 Jun 95 (Chief Complaint= pain neck shoulder and R shoulder)
Attended Sick call (Da form 5181-R) - 02 Jul 96 (Chief Complaint = L foot, wrist, upper shoulder)
ETS Active Army - Apr 19197
Entered MONG - Nov 2000 to current
Numerous Doc visits for pain in neck and shoulders
Completed surgery - May 2008 ( C6-7 Herniated nucleus pulposus, hardware installed)
Completed surgery - Dec 2009 ( C5-6 Herniated nucleus pulposus, new hardware installed old removed)
Ordered to Chapter 3 physical - 22 Jun 2012
Completed Chapter 3 physical - 16 Jul 2012
Counseled and signed a Election memo - 16 Jul 2012. I elected "My medical condition was incurred in the Line of Duty. A Line of Duty investigation has NOT been completed. If this situation applies to you, contact your unit administrator immediately to have a Lin of Duty investigation initiated. I understand that i have 45 days to provide adequate documentation to my unit in order to start my LOD, and if adequate documentation is not provided in the time allotted my case will be referred to the Non Duty Related Physical Evaluation Board."
I HAVE supplied - ALL my RA Active Duty Med records from VA, my NG Med records, Chapter 3 physical AND result memo from COL, Director of Manpower and Personnel, All of my complete civilian Med records with post OP reports from the surgeries, current prescription list, Surgeons letter of Opinion, Family MD letter of Opinion, Physical Therapy MD letter of Opinion (All stating that my requirements in the Guard continue to aggravate and worsen my condition), and e-mails stating that my claim is for service aggravation.
Permanent Profile issued (3rd) - 01 Aug 2012 (Dead mans Profile, They Med COL says that he issued it because those activities could possibly cause me more harm or increase the rate of my disc degeneration.)
PULHES - 331221
Received Results Chapter 3 physical - 10 Sep 2012
Results = ( This soldier was found to be medically disqualified due to LOD condition. The soldier does not have complete LODs for their medical issues entered into the electronic module. In order to continue their medical processing, a LOD for each service connected injury is required.) (The LOD must be completed in the module no later than 15 Nov 2012. Once completed and approved by the final authority, within the time standards outlined in AR600-8-4, the unit is to complete a Fitness for Duty/Medical Evaluation Board packet.)
I have a VA claim in but no results yet.
My problem - They are telling me (verbally) that my situation is Non Duty Related and i don't have what they need to justify doing a LOD. It is my understanding that the ONLY way to rightfully make a determination is by doing a LD investigation. They will not put their verbal determination in writing and they making demands and threats for me to make a new election on the memo or i will be chaptered out for Amin. reasons of not being supportive during this process.
Do i have a right to have a LD investigation to be done?
If so, then who can enforce the process to be done?
I have no support from the state JAG and keep getting the run around.
I have not done a formal complaint with the state IG yet because i want to make sure that I am correct in my understanding of what i read in the ARs and DoDIs. I don't have much faith in them when i do though.
My units arms seem to be tied on what they should be doing because the state HQ has made the claim that THEY will be handling all LOD claims now.
I have a new deadline for the 30th Jul 2013 and i have sent everything that i possibly could send. Any guidance for a next move or advise would greatly be welcomed.
I have ALL e-mail traffic saved and can back up or prove any claims or statements i make.
MY SITUATION IS THIS: *I'm new here and after reading some previous post on here Im trying to answer as many questions up front as possible. Please bare with me.
Entered Active Army - Feb 1988 (Infantry then Aviation, 25th, 2nd ID, 1st CAV Div, 82nd ABN)
Attended Sick call (Da form 5181-R) - 21 Jun 95 (Chief Complaint= pain neck shoulder and R shoulder)
Attended Sick call (Da form 5181-R) - 02 Jul 96 (Chief Complaint = L foot, wrist, upper shoulder)
ETS Active Army - Apr 19197
Entered MONG - Nov 2000 to current
Numerous Doc visits for pain in neck and shoulders
Completed surgery - May 2008 ( C6-7 Herniated nucleus pulposus, hardware installed)
Completed surgery - Dec 2009 ( C5-6 Herniated nucleus pulposus, new hardware installed old removed)
Ordered to Chapter 3 physical - 22 Jun 2012
Completed Chapter 3 physical - 16 Jul 2012
Counseled and signed a Election memo - 16 Jul 2012. I elected "My medical condition was incurred in the Line of Duty. A Line of Duty investigation has NOT been completed. If this situation applies to you, contact your unit administrator immediately to have a Lin of Duty investigation initiated. I understand that i have 45 days to provide adequate documentation to my unit in order to start my LOD, and if adequate documentation is not provided in the time allotted my case will be referred to the Non Duty Related Physical Evaluation Board."
I HAVE supplied - ALL my RA Active Duty Med records from VA, my NG Med records, Chapter 3 physical AND result memo from COL, Director of Manpower and Personnel, All of my complete civilian Med records with post OP reports from the surgeries, current prescription list, Surgeons letter of Opinion, Family MD letter of Opinion, Physical Therapy MD letter of Opinion (All stating that my requirements in the Guard continue to aggravate and worsen my condition), and e-mails stating that my claim is for service aggravation.
Permanent Profile issued (3rd) - 01 Aug 2012 (Dead mans Profile, They Med COL says that he issued it because those activities could possibly cause me more harm or increase the rate of my disc degeneration.)
PULHES - 331221
Received Results Chapter 3 physical - 10 Sep 2012
Results = ( This soldier was found to be medically disqualified due to LOD condition. The soldier does not have complete LODs for their medical issues entered into the electronic module. In order to continue their medical processing, a LOD for each service connected injury is required.) (The LOD must be completed in the module no later than 15 Nov 2012. Once completed and approved by the final authority, within the time standards outlined in AR600-8-4, the unit is to complete a Fitness for Duty/Medical Evaluation Board packet.)
I have a VA claim in but no results yet.
My problem - They are telling me (verbally) that my situation is Non Duty Related and i don't have what they need to justify doing a LOD. It is my understanding that the ONLY way to rightfully make a determination is by doing a LD investigation. They will not put their verbal determination in writing and they making demands and threats for me to make a new election on the memo or i will be chaptered out for Amin. reasons of not being supportive during this process.
Do i have a right to have a LD investigation to be done?
If so, then who can enforce the process to be done?
I have no support from the state JAG and keep getting the run around.
I have not done a formal complaint with the state IG yet because i want to make sure that I am correct in my understanding of what i read in the ARs and DoDIs. I don't have much faith in them when i do though.
My units arms seem to be tied on what they should be doing because the state HQ has made the claim that THEY will be handling all LOD claims now.
I have a new deadline for the 30th Jul 2013 and i have sent everything that i possibly could send. Any guidance for a next move or advise would greatly be welcomed.
I have ALL e-mail traffic saved and can back up or prove any claims or statements i make.
