incpacitaion pay ankylosing spondilytis and LODs

samricker87

Member
Registered Member
hello
this is my first forum
I am in the army reserves and have been injured at drill on two separate occasions, once in may of 2013 and February 2014 and the process for everything has been nothing but a disappointment. still awaiting lod for may of 2013...its been an uphill battle.....I was awarded an LOD for my back after I filed a congressional for my 2014 injury but it was changed to a fractured t5 vertebrae after. I received 6 months of incap for being unfit for military and civilian duty but will now be denied for additional months for existing prior to service condition ankylosing spondylitis. I was verbally told the incap board denied it but have not yet received a denial memo.... so im going to try to put this in a nut shell.....I slipped and fell on ice straight onto my back which fractured my vertebrae, I have a sever case of AS according to doctors at the VA, I was and still in bad shape, doctor at the VA has diagnosed me with ankylosing spondylitis and has documented "while his AS is an inherited condition, it had not manifested symptomatically prior to his time in the military. his 2 falls 5/4/2013 and 2/8/14 clearly aggravated his back condition and were the cause of his knee pain" (I injured my knee and lower back in may of 2013...no lod yet for this) so after 6 months of pay which took over a year to be awarded, the rest of the months (September 2014 to present) have been denied due to the board saying it is pre existing medical condition(verbally told) I have been told that they will meb me but have to wait for the decision of my 2013 lod since it is still open I have no active duty time other than basic and ait, and have only been in for almost 5 years no job at the time of injury I was in school full time what I am wanting to know is if this is correct for the incap board to deny me due to AS being pre existing any help from knowledgeable people would be appreciated sorry for grammar and punctuation and will try to answer any questions

thankyou for reading
 
Have you filed for a VA rating for these conditions? If so, what was the result? A VA rating for AS will be helpful in demonstrating the condition is not EPTS. While genetics (HLA-B27+) make certain individuals more vulnerable to AS, it requires an environmental trigger. What that trigger was and when it occurred is key. Note that HLA-B27 negative individuals can get AS as well.

Mike
 
no I have not, I have tried twice now but both times when I have tried to at the VA they have said it would be best to wait until I was out of the military....thank you I have saved both of those links, probably will send one of them in with my appeal to the incap board.......I have searched on the internet and it looks like the army does not side so well with service members that have ankylosing spondylitis
 
Apply with the VA immediately. If service connected, you will be eligible for immediate disability payments as well as healthcare to include VA provided medicines to treat AS which are very expensive.

Mike
 
I will take your advice and start that process tomarrow, thank you......do you know of anyone that could possibly give me advice on the incapacitation pay and LODs?
 
For the LOD, see AR 600-8-4. Injuries and diseases are presumed LOD unless their is substantial evidence to the contrary. Step one is to find out what the substantial evidence was that states your AS is EPTS. The AR outlines the LOD appeal process.

Mike
 
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