Posted on Jul 23, 2019
How to establish service connection on Title 32 FTNGD-OS?
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I apologize in advance for the lengthy post.
I was on Title 32 FTNGD-OS (Full Time National Guard Duty for Operational Support) for 16 months. I became severely ill (ulcerative colitis) around the 10th month until my condition progressed and I was forced to end my orders. I was not issued an LOD. I was not placed on any type of medical leave. I was given no direction as to how to handle the situation. I was given a profile and medically discharged two years later. I have medical documents that support that fact that I became ill while on duty. (Mind you, it’s not like I was on orders for a couple weeks and claimed I was sick with a pre-existing condition. It was almost a year and I became severely ill, resulting in four surgeries and countless hospital admissions. Just so that is clear.) Side note: I have also received my SSDI, if that is relevant. A whopping $942 a month, less $142 for health insurance and another $50 garnished by the government for their overpayment on my last check. Leaving me with $752 to pay my bills and live on. Anyhow, my lawyer has had my case for the better of four years. I filed with the VA five years ago. I was informed by my lawyer 3 business days ago that my orders do not qualify me for disability. Why she is just now notifying me of this, I have no clue. But she said the only way to even have a chance at establishing service connection is to get an LOD and find a loophole. My contact at the NGB directed me to get an IDRM memo to backdate an LOD. I contacted JFHQ. An IDRM is not possible because I am no longer in service. My next step is to contact the Army Board of Corrections. I have no idea how long that process will take but my lawyer is to meet with the DRO one week from now. I have googled and read regulations and articles until I can’t see straight. ANY suggestions would be more than appreciated.
I was on Title 32 FTNGD-OS (Full Time National Guard Duty for Operational Support) for 16 months. I became severely ill (ulcerative colitis) around the 10th month until my condition progressed and I was forced to end my orders. I was not issued an LOD. I was not placed on any type of medical leave. I was given no direction as to how to handle the situation. I was given a profile and medically discharged two years later. I have medical documents that support that fact that I became ill while on duty. (Mind you, it’s not like I was on orders for a couple weeks and claimed I was sick with a pre-existing condition. It was almost a year and I became severely ill, resulting in four surgeries and countless hospital admissions. Just so that is clear.) Side note: I have also received my SSDI, if that is relevant. A whopping $942 a month, less $142 for health insurance and another $50 garnished by the government for their overpayment on my last check. Leaving me with $752 to pay my bills and live on. Anyhow, my lawyer has had my case for the better of four years. I filed with the VA five years ago. I was informed by my lawyer 3 business days ago that my orders do not qualify me for disability. Why she is just now notifying me of this, I have no clue. But she said the only way to even have a chance at establishing service connection is to get an LOD and find a loophole. My contact at the NGB directed me to get an IDRM memo to backdate an LOD. I contacted JFHQ. An IDRM is not possible because I am no longer in service. My next step is to contact the Army Board of Corrections. I have no idea how long that process will take but my lawyer is to meet with the DRO one week from now. I have googled and read regulations and articles until I can’t see straight. ANY suggestions would be more than appreciated.
Posted in these groups: 
Department of Veterans Affairs (VA)
DisabilityUSARNGWest Virginia ARNG
Medical
Department of Veterans Affairs (VA) DisabilityUSARNGWest Virginia ARNG Medical
Posted 5 y ago
Responses: 5
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At issue here is that you were not on Federal orders while you were on FTNG-OS orders. That is a problem (but not an insurmountable one) for VA to Service Connect. Also at issue is the lack of an LOD, which would help but not assure SC.
Your best bet is your medical discharge and profile, because they show that you were diagnosed while still in the Guard. It is a little more difficult to establish SC for a chronic illness while a member of the Reserve Components, but since you were on orders at the time, you have a puncher's chance.
A backdated LOD would certainly help you. Were I in the unit, I would recommend to the commander that he/she conduct a formal LOD in a case like this, to make sure that it is done fairly and correctly. I have in fact done three of these myself when I was FTUS in the Reserve
If you filed for VA Comp five years ago, was the case completed? It certainly should have been. What did the Rating Decision say? With that, I can give pretty pointed advice.
Your best bet is your medical discharge and profile, because they show that you were diagnosed while still in the Guard. It is a little more difficult to establish SC for a chronic illness while a member of the Reserve Components, but since you were on orders at the time, you have a puncher's chance.
A backdated LOD would certainly help you. Were I in the unit, I would recommend to the commander that he/she conduct a formal LOD in a case like this, to make sure that it is done fairly and correctly. I have in fact done three of these myself when I was FTUS in the Reserve
If you filed for VA Comp five years ago, was the case completed? It certainly should have been. What did the Rating Decision say? With that, I can give pretty pointed advice.
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SGT Dee Ratliff
1SG (Join to see) Yes, that is correct. My lawyer just got back to me and said she spoke with the DRO. She said my orders do not make me eligible for service connection without an LOD. I just pray my old unit will help me. I don’t know what I will do if they don’t.
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1SG (Join to see)
SGT Dee Ratliff - I thought that to be the case. Good luck with the LOD. You are confirming my thoughts from earlier that it will be the lynchpin of a favorable decision.
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SGT Dee Ratliff
1SG (Join to see) Thank you! One more question. My 1SG is at NTC preparing to deploy. Is that something he would even be able to help me with from there?
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1SG (Join to see)
SGT Dee Ratliff - He won't be able to do much at NTC, if anything until he gets out of the box. You will need to wait a bit for his help, but he would indeed be a helpful ally talking to the commander. Ping him now, but don't be surprised if he doesn't answer for a while. You will need to follow up after he leaves the RUBA.
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I was in the CAANG on title 10 orders when I was injured (26JUN07). They took me off title 10 orders and sent me home. I had to fight to get an LOD. The LOD was screwed up. I am currently past the Army Board of Corrections and have filed with the Federal Claims court. DOJ set around on my case, luckily an attorney picked my case Pro-Bono thanks the the Judge at the court. The Judge sent it back to the ARMY and gave them 105 days to response. They responded with a bunch of BS. I am writing up a response for the Judge and my attorney. The response is about 45 pages so far and I will have a couple hundred documents attached (I am sending all this on disk). The ARMY and NG will try to get you to go away. I have been fighting them and the VA since 2007. The VA has approved my disability and paid the back pay.
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CW2 Michael Bodnar
There are so many stories like this! It stinks that it takes forever for someone to get the benefits they deserve and are entitled to.
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SPC Chris Bayner-Cwik
SSG Byron Howard Sr Liz gets a survivor pension plus the A&A . Glad you were successful
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SGT Dee Ratliff
SPC Chris Bayner-Cwik I’m an hour and a half from a regional office. I did go there to apply and the rep was very kind and had me fill out anything and everything to help me. Maybe I should go back there. I assumed I was in good hands with the lawyer I have, since their office is the go to attorney in my state. Everyone I’ve asked has directed me to her firm. I’m just astounded that they have so little confidence in my case when all the evidence is there.
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SPC Chris Bayner-Cwik
SGT Dee Ratliff somebody is missing something.....big time. It sounds like your best bet is to make the trip.....when are you going for a ride?
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SGT Dee Ratliff
SPC Chris Bayner-Cwik My lawyer talked to the judge and they said I have no service connection without an LOD.
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