Posted on Jul 11, 2019
Epilepsy, Seizures, LOD, MED board & unit Safety?
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I had my first seizure in 2015 during a weapons qualification weekend at Army Reserve drill.
This was fully documented with medical records and many witnesses and was documented on and LOD signed by a 06.
I have 21+ years of service with 13 years of active duty and deployments.
I have been working with the Army Reserve medical management office to trying to get my permanent profile approved which well hopefully refer mean to the MED Board and hopefully lead to a medical retirement.
However, after submitting my profile packet with full documentation of all my seizures and the LOD signed by the 06, the nurse says she won't accept my LOD.
And is still requesting a new "Line of Duty (LOD) findings memo indicating that the illness or injury was a direct result from service in the Army."
I've never heard of this!
My problem with this is that this was over 4 years ago and 3 units ago. Also, who on Earth is going to write an official statement that this seizure was a direct result of the army? Who can determine that?
What is clear is that in my entire life's medical files I have never had a seizure until that time. And what is also clear in the LOD is that I did have a seizure while on duty.
I need this resolved quickly because my Army Reserve Commander is not being understanding. I have notified her of my seizures and that I am currently taking anti seizing medications and I am under restrictions not to drive and I have doctors notes describing that it is unsafe for me to be on military service which would Place me and danger and all the soldiers around me.
And yet my commander notified me that she has put me in for an UNSAT packet they kick me out!
WTH? It's not like I'm an E2 who just got in and I'm already tired of going to drill. I have an actual condition with doctors notes describing that I should not be in military service because my condition place is me and danger to myself and to all the soldiers around me.
I'm an E7 with 21+ yrs of service & deployments! How is this taking care of her Soldiers?
I would appreciate if someone could help me out with this! Thanks!
This was fully documented with medical records and many witnesses and was documented on and LOD signed by a 06.
I have 21+ years of service with 13 years of active duty and deployments.
I have been working with the Army Reserve medical management office to trying to get my permanent profile approved which well hopefully refer mean to the MED Board and hopefully lead to a medical retirement.
However, after submitting my profile packet with full documentation of all my seizures and the LOD signed by the 06, the nurse says she won't accept my LOD.
And is still requesting a new "Line of Duty (LOD) findings memo indicating that the illness or injury was a direct result from service in the Army."
I've never heard of this!
My problem with this is that this was over 4 years ago and 3 units ago. Also, who on Earth is going to write an official statement that this seizure was a direct result of the army? Who can determine that?
What is clear is that in my entire life's medical files I have never had a seizure until that time. And what is also clear in the LOD is that I did have a seizure while on duty.
I need this resolved quickly because my Army Reserve Commander is not being understanding. I have notified her of my seizures and that I am currently taking anti seizing medications and I am under restrictions not to drive and I have doctors notes describing that it is unsafe for me to be on military service which would Place me and danger and all the soldiers around me.
And yet my commander notified me that she has put me in for an UNSAT packet they kick me out!
WTH? It's not like I'm an E2 who just got in and I'm already tired of going to drill. I have an actual condition with doctors notes describing that I should not be in military service because my condition place is me and danger to myself and to all the soldiers around me.
I'm an E7 with 21+ yrs of service & deployments! How is this taking care of her Soldiers?
I would appreciate if someone could help me out with this! Thanks!
Medic
Profiles
Medical Board
Posted 5 y ago
Responses: 2
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I've seen this LOD debacle before, and it took years, a Congressional, IG, DAIG, and multiple emails and meetings to the GO command level.
If you've reached the level of talks of UNSAT and separation, you are behind the power curve and need to consider focusing effort on salvaging your retirement benefits.
You should expect retaliation and an attempt to UNSAT and separate you--robbing you of retirement pay and benefits, for any complaints you file.
Buckle up!
*Find transportation to drill and don't miss a single drill, perform above standard, and remove plausible deniability from everyone in you CoC and NCOSC by providing everyone their individual copy of your medical profile.
*If you only have a letter or other document from your civilian medical provider, get a proper profile from a military provider--ASAP.
*Document, document, document--start a file, scan paper documents, save all emails and request read receipts, write the timeline of events and keep it current.
*Read and make yourself a SME on all pertinent regulations.
*Consider getting advice from JAG, filing Congressional and/or IG complaint, and an attorney.
*You need to comply with all regulations and orders, your CoC doesn't, with respect to suffering consequences.
If you've reached the level of talks of UNSAT and separation, you are behind the power curve and need to consider focusing effort on salvaging your retirement benefits.
You should expect retaliation and an attempt to UNSAT and separate you--robbing you of retirement pay and benefits, for any complaints you file.
Buckle up!
*Find transportation to drill and don't miss a single drill, perform above standard, and remove plausible deniability from everyone in you CoC and NCOSC by providing everyone their individual copy of your medical profile.
*If you only have a letter or other document from your civilian medical provider, get a proper profile from a military provider--ASAP.
*Document, document, document--start a file, scan paper documents, save all emails and request read receipts, write the timeline of events and keep it current.
*Read and make yourself a SME on all pertinent regulations.
*Consider getting advice from JAG, filing Congressional and/or IG complaint, and an attorney.
*You need to comply with all regulations and orders, your CoC doesn't, with respect to suffering consequences.
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SFC Jake Middaugh Which nurse is this? Also, any medical professional has the right to reorder procedures. However, if you find to be serious enough, you have the option to contact your Senator or Representative.
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SGT Javier Silva
SFC Jake Middaugh - I highly suggest using every avenue you can then (from IG to your Senator). If you do, just be prepared for the fight that 1SG (Join to see) described.
If the first LOD was written by a competent medical professional, preferably a physician, it should be good enough. Remember, a nurse cannot overrule a physician. Good luck! Please keep us abreast of the situation.
If the first LOD was written by a competent medical professional, preferably a physician, it should be good enough. Remember, a nurse cannot overrule a physician. Good luck! Please keep us abreast of the situation.
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1SG (Join to see)
SFC Jake Middaugh Ms Krause is the one who delayed my friends for an LOD because it didn't state what she wanted it to state, also. Amazing!
Be interesting to know how many more have had, are having, this occur.
One issue of complaint is she lacks the authority to direct and LOD. Check the authority in AR 600-8-4 (?) and any Army Reserve supplemental.
If she is demanding a new LOD because she wants to improperly demand the findings of the LOD determine whether the condition was caused by military service, she doesn't understand the purpose and scope of a LOD, much less the qualifications of most investigating officers, which is a second issue for a complaint.
Most aren't medical doctors, so are unqualified to reach such a determination.
There are only three possible line of duty determinations: In line of duty, not due to own
misconduct (LD); Not in line of duty, not due to own misconduct (NLD-NDOM); and Not in line of duty, due to own misconduct (NLD-DOM).
A LOD investigation begins with the presumption that a your disease or injury was incurred "in the line of duty - not due to own misconduct." The presumption applies to both your status and conduct. It may be rebutted only by substantial evidence that you were not in the line of duty or that the disease or injury resulted from your own intentional misconduct or willful misconduct, which is an issue for complaint, as she is demanding a likely non-medical officer determine the etiology of you medical condition despite lacking the medical qualification to do so. Clearly, beyond the scope of a LOD, and well beyond the scope of a LOD investigation.
I assert she lacks the lawful authority to order a commander to appoint someone to investigate your injury/disease; lacks the authority to override the finding of a LOD approved by a commander (and likely legally revises by JAG Administrative Law section); lacks the authority to direct or demand a LOD reach a medical conclusion on the etiology of your medical condition (which is more within the scope of VA or possibly a PEB or MEB); and is improperly interfering with the administrative process at hand.
How do you communicate this to her? That's the tough nut since this is, at least, the second time she has done this, and I know an USARC IG complaint was filed previously for this and related issues in the process you're going through. Obviously there was no lesson learned or change with respect to this issue. Exactly why I said "buckle up" in my previous post, and I can only refer you to the courses of actions in that post for consideration.
Well, no. If you could convince the JAG Administrative Law section to write a memorandum stating her request for a new LOD that makes a determination of the etiology of the medical condition is outside the scope a LOD and qualification of available investigating officers (as well as outside the scope of her authority), she may back of that demand.
Be interesting to know how many more have had, are having, this occur.
One issue of complaint is she lacks the authority to direct and LOD. Check the authority in AR 600-8-4 (?) and any Army Reserve supplemental.
If she is demanding a new LOD because she wants to improperly demand the findings of the LOD determine whether the condition was caused by military service, she doesn't understand the purpose and scope of a LOD, much less the qualifications of most investigating officers, which is a second issue for a complaint.
Most aren't medical doctors, so are unqualified to reach such a determination.
There are only three possible line of duty determinations: In line of duty, not due to own
misconduct (LD); Not in line of duty, not due to own misconduct (NLD-NDOM); and Not in line of duty, due to own misconduct (NLD-DOM).
A LOD investigation begins with the presumption that a your disease or injury was incurred "in the line of duty - not due to own misconduct." The presumption applies to both your status and conduct. It may be rebutted only by substantial evidence that you were not in the line of duty or that the disease or injury resulted from your own intentional misconduct or willful misconduct, which is an issue for complaint, as she is demanding a likely non-medical officer determine the etiology of you medical condition despite lacking the medical qualification to do so. Clearly, beyond the scope of a LOD, and well beyond the scope of a LOD investigation.
I assert she lacks the lawful authority to order a commander to appoint someone to investigate your injury/disease; lacks the authority to override the finding of a LOD approved by a commander (and likely legally revises by JAG Administrative Law section); lacks the authority to direct or demand a LOD reach a medical conclusion on the etiology of your medical condition (which is more within the scope of VA or possibly a PEB or MEB); and is improperly interfering with the administrative process at hand.
How do you communicate this to her? That's the tough nut since this is, at least, the second time she has done this, and I know an USARC IG complaint was filed previously for this and related issues in the process you're going through. Obviously there was no lesson learned or change with respect to this issue. Exactly why I said "buckle up" in my previous post, and I can only refer you to the courses of actions in that post for consideration.
Well, no. If you could convince the JAG Administrative Law section to write a memorandum stating her request for a new LOD that makes a determination of the etiology of the medical condition is outside the scope a LOD and qualification of available investigating officers (as well as outside the scope of her authority), she may back of that demand.
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1SG (Join to see)
Excuse the errors. When I type long messages on phone I don't catch all of the incorrect auto corrections, and repeat things when I get interrupted midsentence or have to switch to a browser for a reference.
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