i was not on active duty orders i was traveling to drill at the time of the accident
Bottom Line is that you did what was required of you. You were in a qualified duty status, injured, reported the injury, sought medical treatment, and requested a LOD. This process is completely broken and has been weaponized by SAF M/R to deny care, benefits, and treatment. You should have been granted an informal or administrative LOD when you were first injured. As you received care and as the injury began to present itself (evolve) subsequent LODs should have been initiated. Your command and leadership failed you. I fought this same issue for the last 5 years. The confirmed Under Secretary of the Air Force, the Honorable Matthew Lohmeier is aware of this issue and he is actively looking into it. It would be beneficial for you to email him. When I did, he got back to me immediately and told me that I am one of many that his team is looking into. I guess the considerate thing to do would be to inform your command that you are going to make a protected communication to Secretary Lohmeier due to their failing.
DAFI 36-20190
1.2. Personnel Who are Subject to LOD Determinations.
1.2.2.2. Traveling directly to or from the place where the member performs active duty, immediately before the commencement of IDT or within the vicinity of the site of the IDT. This also includes when the member remains overnight and overnight between successive periods of IDT, the member is eligible for initiating an AF Form 348 for care or treatment.
3.2.2. Informal LODs. When administrative processing is not appropriate, an informal LOD determination is initiated on an AF Form 348. See Attachment 2 for additional LOD determination situations.
3.2.2.1.5. The member dies, incurs, or aggravates an illness, injury or disease while remaining overnight immediately (including members in direct travel status and local residents) before and between successive periods of IDT, at or in the vicinity of the site of the IDT, if the site is outside reasonable commuting distance from the member’s residence; or
Note: if the diagnosis evolves, another LOD may be warranted for subsequent benefits.
DODI 1241.01
qualified duty status. The period in which an RC Service member is: On AD or FTNGD for more than 30 days; Performing AD or FTNGD for 30 days or less; Performing IDT; Performing FHD; Traveling to or from the place where he or she is to perform or has performed AD or FTNGD as provided in this definition, IDT, or FHD; Remaining overnight immediately before the commencement of, or between successive periods of IDT at or in the vicinity of the site of the IDT; or
2. INITIATION OF IN-LOD DETERMINATION
a. Request for in-LOD Determination.
(1) Unless already initiated by a member’s command, the RC Service member or, if she or he is unable, a designated representative or the Military Service concerned, will initiate the request for an in-LOD determination.
(2) In general, an RC Service member or the Military Service concerned has up to 180 days after completion of the qualified duty status to request consideration for an in-LOD determination absent special circumstances. Special circumstances are those in which the covered condition pre-dated the 180 day period, e.g., latent onset symptoms of post-traumatic stress disorder. b.
Emergent Care. An RC Service member requiring treatment for an emergency medical or dental treatment condition while in a qualified duty status will be authorized an interim in-LOD determination in order to authorize emergent care, unless clear and unmistakable evidence shows the condition was the result of the member’s gross negligence or misconduct. An interim inLOD determination will be adjudicated within 30 days of completion of the qualified duty status to continue further medical and dental treatment, if indicated, for the covered condition. The appropriate DHA office will serve as the MMA for any approval and authorization for emergency medical and dental treatment with a civilian provider using the SHCP.