No LOD and RILO - Need Advice

Skyejedi220

PEB Forum Regular Member
Registered Member
Any wisdom, insights or experiences are greatly appreciated.

(Reservist) I was RTD on initial IRILO in 2015 . Advised that I didn't go through MEB due to not having an LOD. At that time, I was assigned to joint command, being seen by Army, paperwork up channeled through AD USAF to USAFR and no LOD was initiated during onset while on AD. Was IRILO'd for potentially unfitting conditions (spinal cord compression w/fusion and subsequent atrophy, radiculapathy). Annual RILO was done in summary for 2-years, now this year being asked for each condition to be done separately for each condition and new related issues of scapular winging and migraines. Med folks initiated LOD (joint command) and I was advised by USAFR SG office it won't be processed because while this happened on AD orders, I have been off order greater than the prescribed days (180 days reference below) that you can submit an LOD. Also, was advised that it's irrelevant and not needed since I have been processed through the VA for these conditions. Now that I may be facing potentially being found unfit....w/no LOD, they had the SG change the RILO form to "not in the line of duty". What are the implications of changing this from In the Line of Duty (ILOD) to NOT ILOD and what recourse do I have? Can I push back on getting an LOD processed? Does it matter? I’m at the 18 year 10 month mark and really don’t want to lose out on a Reserve retirement. I have seen the references to 10 U.S. Code § 12731b but am concerned because folks handling don’t reference this or any language/options therein and can’t seem to explain what may potentially happen if they come back with “unfit for duty”…..which honestly, they should in my humble opinion be fully capable of answering. Anyone know the possibilities?

Also, since it’s all through my Narrative Summaries and medical records that this occurred while on AD, how can they deny an LOD based on the below reg? The below reg is dtd 2016 and this occurred in 2011-12 and they gave me wide latitude to recover, but finally clipped my wings and "boarded/IRILO" me in 2015. My concern is how many troops are as unfamiliar with this as I was until told “you can’t get an LOD due to missing the 180 day filing deadline”. It seems a tad inequitable that the Reserve would say "so sorry" when the SM did the appropriate notifications and the only remedy being external to the Reserve. Maybe I'm old, bitter and my pain is getting the better of me...seems self-serving to me...tossing their mistake to another. I digress.

AFI36-2910
1.7.4. ARC only. After release from active duty or IDT, members have 180 days to ensure any illness, injury or disease that was incurred or aggravated while in a duty status is reported for LOD determination consideration. When the member does not report his/her illness, injury or disease, the member is presumed to be able to perform military duties, does not require treatment and has no unresolved health condition rendering the member unable to meet retention or mobility standards IAW AFI 48-123, Medical Examinations and Standards. The only avenue for addressing previously unreported illness, injury or disease is through the VA.
 

Guardguy11

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PEB Forum Veteran
Registered Member
I am new to the forum but I think I can speak to a few of these items as I am fighting this crap right now myself. First off, that USAFR SG screwed you. Regardless of AD service, you are absolutely should have been afforded the LOD determination paperwork that any ARC member needs for processing. This was obviously a AD person that was clueless to how important that paperwork is to you. Unfortunately, due to the time that as elapsed, I think you are hosed. In 36-2910 it talks about the LOD appeals process, but you have exactly 30 days to submit an appeal to the determination authority or it becomes solidified.

Your case sounds like it might be better fought by your congressman/woman. Have you thought about filling out a congressional inquiry?
 

Skyejedi220

PEB Forum Regular Member
Registered Member
Guardguy11,

Thans for the reply. Sounds like you're running the RILO gauntlet now as well. Wishing you the best.

I have thought about reaching out to my congressman or reaching out and paying for a consult w/lawyer. However, I am not sure it would benefit me. I am a stone throw from 20 years and already received VA ratings. I understand the LOD provides for medical coverage for related condition after service if one has an LOD and been medically found unfit with a few variables in there as well. Not sure it matters in my case. I have documentation where my AF CC states that the Jt Cmd hosed me...it's one of those things where I just simply fell through the cracks.

Good luck!
 

Elwayb13

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I'm currently going through I-RILO and was told I didn't need a LOD because I'm still on active AGR orders. They told me I could only get one when getting off orders. Hope I don't get hosed. Praying for you to have a fair and just outcome! Sucks they do this to folks you have served thier country. Makes me sick to my stomach.
 

flyin_dutchman

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I have just retired, BUT I had been fighting the LOD battle with my AFRC med folks for two years. I was knee deep in the AFI's that were not being followed and kept talking with them about the situation. At the very end of my medical case, they said okay they'll initiate an LOD, which turned out to not be needed at the end of my case. BUT, it clearly states that everything will be called an LOD until it is proven it's NILOD. The proof needed to call it NILOD HAS TO BE CLEAR MEDICAL STANDARDS, not a Doc's opinion.
I was blessed in the fact my unit kept me going on orders full-time until I got to 20yrs TAFMS, to which I then just retired with a full AD regular retirement, so I'm thankful for that.
Don't quit fighting for what is the right thing to do. It doesn't always work out to everyone's best interest, but if an injustice is being done, then fight it.
 

flyin_dutchman

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I'm currently going through I-RILO and was told I didn't need a LOD because I'm still on active AGR orders. They told me I could only get one when getting off orders. Hope I don't get hosed. Praying for you to have a fair and just outcome! Sucks they do this to folks you have served thier country. Makes me sick to my stomach.
Being told you don't "need" an LOD because you are on full time orders is absolutely incorrect. In fact, I believe it's the opposite?! I know you're ANG, but in my AFRC knowledge, 36-2910 is the one thing I needed to be the expert on, because my Med folks were not. Good luck!
 
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