National Guard LOD question

hitch5619 · Oct 3, 2022

Current situation, was just on 502F orders for 2 years. I injured my back and had an LOD initiated, which was denied by NGB and made into a formal. I just got the results of the formal and it was stated that injury was NILOD and no service aggravation. I have 9 years AD and 30 years total. Main question, with 9 years active duty, can they note it as NILOD due to the 8 year rule?

Provis · Oct 3, 2022

hitch5619 said:
Current situation, was just on 502F orders for 2 years. I injured my back and had an LOD initiated, which was denied by NGB and made into a formal. I just got the results of the formal and it was stated that injury was NILOD and no service aggravation. I have 9 years AD and 30 years total. Main question, with 9 years active duty, can they note it as NILOD due to the 8 year rule?

They can because the 8 year rule is about owning the injury and not blaming preexisting issues. However, with no LOD you won't get anywhere when it comes to getting out via duty related IDES. They can force you out without a LOD and if you should have gotten one you need to fight like hell to get the LOD approved. The NG is terrible with LOD's and they don't follow the regs most times. You may need to get a private attorney involved or start out with a congressional inquiry. You are going to need to know the regs inside and out and call them on it when they aren't following them.

@Hawaii5-0 @Guardguy11 Any additional advice? My wife was Army Reserve AGR so she didn't have to fool with BS LOD stuff.

Guardguy11 · Oct 4, 2022

hitch5619 said:
Current situation, was just on 502F orders for 2 years. I injured my back and had an LOD initiated, which was denied by NGB and made into a formal. I just got the results of the formal and it was stated that injury was NILOD and no service aggravation. I have 9 years AD and 30 years total. Main question, with 9 years active duty, can they note it as NILOD due to the 8 year rule?

My LOD was NILOD-NSA just like yours, but in the comment block under the signature for NGB, it stated "8-year rule applies". If you LOD doesn't specifically state "8-year rule applies" appeal the decision and provide evidence for 8 years of active duty service so they can put that on the LOD. That little statement was the make or break line for my entire IDES package. Without that, I would have been kicked out at 19 years of service and denied much of my VA benefits.

Lawyers Serving Warriors™ · Oct 4, 2022

Reach out to NVLSP to apply for free legal assistance: https://nvlsp.secure.force.com/WhatWeDo/.

Hawaii5-0 · Oct 4, 2022

hitch5619 said:
Current situation, was just on 502F orders for 2 years. I injured my back and had an LOD initiated, which was denied by NGB and made into a formal. I just got the results of the formal and it was stated that injury was NILOD and no service aggravation. I have 9 years AD and 30 years total. Main question, with 9 years active duty, can they note it as NILOD due to the 8 year rule?

NGB can and will do whatever the hell they want. Look for a cheat sheet that I have posted. HERE
The burden of proof is high for them to deny you if you are over 30 days...but they don't follow the law at all. You can appeal it...and it will probably get denied because they rely heavily on the medical branch who has no real idea what the legal stance (title 10 law) states. It has already been debated and ruled upon in congress but they still want to screw the member. I have recently been involved with getting the Air side to recognize that they need to actually have JAG interpret the DODI and Title 10 law and NOT just follow medicals casual denials.

Again, the burden of proof is HIGH for them and they are LEGALLY required to show their work to you, the member....but will they? Nope.

The 8 year rule does apply in your case. While you are in the right here...trying to get them to do the right thing is a fight. Consider your mental health along the way and journal. I fought for years and they finally saw it my way BUT it took a toll on me and the family.

retiredguy · Feb 18, 2023

ANG/NGB & AFRC LOD, MEDCON, IDES Wrongs & Injustices

Violations of law and regulations regarding LODs, MEDCON, IDES have attention at the highest levels of the US Govt NOW!

Read this Reddit post. ANG/NGB and AFRC are violating law constantly to deny LODs, MEDCON, IDES. See links to file IG reprisal complaint and Congressional Oversight whistleblower complaint. These offices are directly engaged!

https://www.reddit.com/r/airnationalguard/comments/112fz9a

View: https://www.reddit.com/r/airnationalguard/comments/112fz9a/wrongs_and_injustices_in_the_lod_process/

Department of Defense Office of Inspector General > Components > Administrative Investigations > Whistleblower Reprisal Investigations > Whistleblower Reprisal