Posted on Jan 18, 2022
SGT Trainer
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My unit is giving me the run around on filing an LOD determination for an injury that occurred while on duty status that sent me to the emergency room. I'm tired of playing games and I just want what I deserve. Is there a way for me to circumvent my leadership to get this done?
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MSG Intermediate Care Technician
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Edited >1 y ago
Being a Reservist, the hardest part about getting an LOD done is critical based on when the injury took place, where it took place, how soon/where treatment was received, and the timing of submission. While I've never had to do an LOD, here is the regulation

Army Regulation 600–8–4

Look in Chapter 5
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SGT Trainer
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That is perfect. Thank you. I had previously read the reg but I hadn't yet read down to chapter 5. I will send my chain of command an email quoting the regulation and see where that goes. Thank you so much for your help.
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COL Acos Education
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Having been on both sides of this I’ll just add that document document document. You need to have proof this occurred while in some form of AD. Can’t retroactively get it covered if it wasn’t immediately documented preferably while still on your AD activity
Lastly. To answer it question it is a CMD mediated action You cannot circumvent your CDR that’s regulation

Good luck
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SGT Trainer
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COL (Join to see) - Thank you for your response. My unit sent me the initial LOD documentation before I left the Emergency room, but they are now claiming that the LOD's for my condition don't get submitted to EMMPS. This claim directly conflicts with what is stated in the regulation.
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COL Acos Education
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Copy that SGT (Join to see). Not knowing exactly what (and I don’t want to know and you shouldn’t put it out here) I don’t think anyone can speak specifically but hopefully persistence will get you to the end zone. Good luck
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SFC Casey O'Mally
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Any question that starts "is there a way to circumvent my leadership..." Automatically means the person asking the question is not only in the "wrong" realm, they are in the "so wrong they can't even SEE right" realm.

No. Just no. Never EVER circumvent your leadership. Ever.

Now, you may need to ESCALATE to a higher level of Command. You may need to use an open door policy. But you don't "circumvent" your leaders.
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SGT Trainer
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This response is exactly why IG gets called. Because there is no accountability for Leadership that fails to do their jobs.
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SFC Casey O'Mally
SFC Casey O'Mally
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SGT (Join to see) There is. If your boss is failing, you go to HIS boss. Everyone has a boss.
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Lt Col Scott Shuttleworth
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Were you on duty on actual orders when this happened? Did you see a doctor when it happened? If the two line up then you are set. Otherwise if you waited till you were off duty back i civilian life to see physician and claim it happened on duty you will have an uphill battle as they can say it happened outside of duty and at home or your other job etc. Not saying it can't be done but there has to be documentation somewhere, either in the doctors notes or records.
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SGT Trainer
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Lt Col Scott Shuttleworth - Thank you sir. I don't have orders as I wasn't activated. I was on TPU status at monthly drill when the injury occurred. I have sent an email to my PSG requesting his assistance in handling this matter and I sent the associated sections of AR 600-8-4 that apply to the responsibilities of each party in the matter. Should it not be taken care of in a timely manner, then IG will be my next phone call.
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Lt Col Scott Shuttleworth
Lt Col Scott Shuttleworth
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SGT (Join to see) - You should still be on a rollcall or something. You got paid so it shows you were there. There is a paper trail somewhere...any DoD components mission isn't complete till the paperwork is done and filed.
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Lt Col Scott Shuttleworth
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Lt Col Scott Shuttleworth - I laughed too hard at this.
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