How to establish service connection on Title 32 FTNGD-OS?

2019-07-23T00:29:05-04:00

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.

Response by SPC Chris Bayner-Cwik made Jul 23 at 2019 12:41 AM

2019-07-23T00:41:48-04:00

Have you talked to a Veteran Service Officer?

Response by SSG Gordon Holmes made Jul 23 at 2019 1:36 AM

2019-07-23T01:36:27-04:00

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.

Response by 1SG Private RallyPoint Member made Jul 23 at 2019 1:36 AM

2019-07-23T01:36:40-04:00

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.

Response by SGT Dee Ratliff made Aug 8 at 2019 2:18 PM

2019-08-08T14:18:54-04:00

1SG Private RallyPoint Member I talked to the 1SG at my old unit (he was my platoon SGT when I was still in) and he said they’re not able to do an LOD because I’m no longer in service. What in the world do I do now?? I’m panicking because they deploy on the 23rd. If they are in fact who has to do the LOD and they leave before it’s done then I’m hopeless.

Response by Sgt Edward Smith made Nov 14 at 2019 12:27 AM

2019-11-14T00:27:10-05:00

I feel your pain brother, good luck and hang tough.