5 weeks after the COVID 19 vaccine, while on Title 10, I was diagnosed with possible inflammation in my heart, a leaking bicuspid aortic valve, and a severe ascending aortic aneurysm. 6 months later I was in open heart surgery to repair the aneurysm and replace the aortic valve with a mechanical valve. Roughly 9 months later I suffered a stroke due to a clot forming on the valve. Luckily there were not any lasting detriments. An LOD was initiated at my unit and after months of waiting I was notified yesterday that the condition was ruled “Not in the line of duty” because the bicuspid valve was congenital and 50% of people born with it end up with an aneurysm. I have 30 days to appeal the determination. I am heartbroken over this decision. If my congenital valve was 75-80% likely to cause an aneurysm I could maybe understand. But 50% means it was just as likely to not happen and makes me feel like the military is choosing to turn against me without a legitimate preponderance of evidence. I did not know I had a bicuspid valve and was completely asymptomatic of any issue until hours after the 2nd round of the COVID vaccine. I’m getting no guidance on how to appeal this decision. Don’t even know who the appeal goes to. My Unit is telling me if it doesn’t get overturned I will most likely be non-retained when my enlistment is up (February 2025) because I’m on an anticoagulant indefinitely and non-deployable, be forced into a normal retirement, not be able to draw my retirement until 57 and not get Tricare. I will have a litany of medical appointments and medications for the rest of my life. The thought of losing Tricare is unbearable. I owe everything to my 23 years in the military but after this decision I am regretting every second of it. I’m looking for any and every resource to help me complete this appeal. All help is greatly appreciated!!
NGB Denied Title 10 ANG LOD
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Jason Perry
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I am sorry to hear of your health problems!
I think you nailed it in your analysis—50% means that the presumptions of sound condition, incurrence, and service aggravation have not been overcome. Based on what you have said, I think you should (and will, if you fight it out) prevail.
It is both a procedural and a substantive fight.
Not sure what questions you may have, But I am happy to answer as best I can.
I think you nailed it in your analysis—50% means that the presumptions of sound condition, incurrence, and service aggravation have not been overcome. Based on what you have said, I think you should (and will, if you fight it out) prevail.
It is both a procedural and a substantive fight.
Not sure what questions you may have, But I am happy to answer as best I can.
God bless you. What is my best plan of attack? Do I need documentation from my civilian medical providers rebutting the decision? I feel certain the vaccine caused the sudden development of the aneurysm. In the beginning my doctors were hesitant to talk about that being the culprit. Should I push that or try to highlight the physical and mental stresses of my career as obvious aggravators to the condition. In my mind I need as much evidence as possible.
NGB, specifically the ARC LOD review board, is notorious for this. I have had 8 of 9 LODs overturned by them. They are under significant scrutiny by DAF. I recommend you file an IG complaint and contact your Congressional Representative. The problem is endemic and NGB is ignoring the regulations and laws that are supposed to protect service members, specifically Guard/Reserve members. Who would want to deploy or take orders if you’re not going to be protected if you get hurt or sick on duty!?
The biggest issue may be your argument being "I feel". You need evidence. "I feel" isn't evidence. Anyone can say "I feel x, y, or z caused a problem".
Correct. I understand that. Hoping my cardiologist and surgeon are able to help with that.
3 people, including me, in my unit alone ended up in open heart surgery after the vaccine. All 3 of us had congenital bicuspid aortic valves. One of us had a leaking valve, one had an aortic aneurysm, and I had both.