Injured while serving in National Guard with limited documentation. What are my options?

SPC Zach Lockhart — Sat, 08 Dec 2018 22:36:42 -0500

About 5 years ago I injured both of my shoulders while serving in the National Guard. I went to two civilian doctors and received months worth of physical therapy, paid for entirely out of my own pocket. I never fully recovered and I have permanent bilateral rotator cuff damage. I can no longer take full advantage of things I once enjoyed (weight lifting and playing baseball) and daily tasks (putting on a shirt) have become painful. I’m curious about VA options.

Here’s where it gets tricky: I only served in the Army National Guard for three years without any active service aside from inital entry training. By the VA’s definition, I am not a veteran. Additionally, at no point during my service was I informed about properly documenting an injury through an LOD. I simply was never briefed. I now have everything documented through a well written testimony that includes time, date, details, and NCOIC present at the time. I can provide doctors records too. Furthermore, the injury was provoked by the NCOIC while enforcing and unauthorized exercise. What are my options and do I have enough for a case? Any advice is helpful.

Response by COL Dana Hampton made Dec 8 at 2018 10:42 PM

COL Dana Hampton — Sat, 08 Dec 2018 22:42:43 -0500

Question: Did you get an LOD investigation completed? If not, get one from your unit initiated ASAP. Get that and copies of all military and civilian medical documents to include sick slips and sworn witness statements from military members who can attest to your injury. Then get a veterans organization rep (VFW, AMVETS, State Veterans Affairs or DAV rep) to help you file your VA claim. Don’t do it yourself...you will miss something or not complete it properly. Used professional assistance from experienced help.

Hope this helps.

Response by SGT Michael Thorin made Dec 8 at 2018 10:46 PM

SGT Michael Thorin — Sat, 08 Dec 2018 22:46:39 -0500

SPC Zach Lockhart, you’re going to have a hard time with this. My first question is were you on your weekend drill or your AT. Were you on duty? What unauthorized exercise? Was it documented on any military record and will your NCOIC verify the incident?

Do you have any other witnesses that will attest to this? What type of discharge did you receive?

If you want, you can message me and I can help you get a starting place and some VA advice.

Unfortunately, the VA road may be a hard one to get you on with no active Title 10 service except for BCT and AIT.

Response by SFC Private RallyPoint Member made Dec 8 at 2018 11:47 PM

SFC Private RallyPoint Member — Sat, 08 Dec 2018 23:47:02 -0500

This is a sticky situation and I am sorry you are going through it. As the COL and SGT before me stated, it is going to be a tough road, especially with the change in the LOD process so that you have a limited amount of time to report the injury.. if you reported this injury at the time, you may need to see about getting sworn statements from everyone. Good luck

Response by Capt Daniel Goodman made Dec 9 at 2018 12:13 AM

Capt Daniel Goodman — Sun, 09 Dec 2018 00:13:32 -0500

http://www.vetadvocates.org

Call NOVA, trust tjem, they're the top of the BA disability attorney and/or vet group food chain...his is likely to wind up grist for the VA mill...believe what I tell you, get every single piece of paper, every imaging, all of it, all the pharmacy stuff, too, and go see one of the NOVA guys, give them whatever consult fee they ask, have them assess your whole thing, you can use vet groups, also law school vet law clinics, howeverz this may likely be denied and needed to be appealed, trust me, that ain't amateur night been there, done that (VTDT), oulp soon see there's a real reason God invented attorneys, promise...vet groups can appeal cases to VA regional offices (VAROs), using notice of disagreement (NOD), and decision review officer (DRO) appeals, howeverz this is likely gonna need to go to the VA Board of Vet Appeals (BVA), our whole total perm disability thing for me took six and half years, there's the US Court of Appeals for Veteran Claims (CAVC), in DC, which does do some level of mediation, I'd been told, before a case goes to that IS district court, then there's the US Circuit acoirt of Appeals for DC, then the US Supremes Court, for NVA and higher, trust me, NOVA is your likeliest way to go, promise...do exactly as you're told, and when they tell you to stop speaking, and do nothing, obey them implicitly, OK? If you'd care to chat further, just ask, I'll try to explain more, however, we've been the whole NVA route, the traveling team vet law judge (VLJ), essemtalpy an admin law judge (ALJ), you can do video hearings to the whole BVA, or do it by writing, however, the VARO traveling teams would be nest, though horrendously time consuming, whether they'd give you benefits and/or reimburse you, God knows, however, honest, that's my nest set of thoughts from the user end, promise, OK?

Home

Response by Capt Daniel Goodman made Dec 9 at 2018 12:14 AM

Capt Daniel Goodman — Sun, 09 Dec 2018 00:14:32 -0500

Typo, trust NOVA, they're the top of VA disability attorneys and claim reps....

Response by COL Private RallyPoint Member made Dec 9 at 2018 11:22 AM

COL Private RallyPoint Member — Sun, 09 Dec 2018 11:22:11 -0500

A couple of notes:

Active service also includes a period of active duty for training during which the person was disabled or died from an injury or disease incurred or aggravated in the line of duty and any period of inactive duty for training during which the person was disabled or died from an injury incurred or aggravated in the line of duty or from certain health conditions incurred during the training.

Several exceptions exist to this rule. For example, service-connected disability compensation benefits are exempt from the length of service requirement. Thus, a veteran with a disease or injury incurred during active service generally may receive service-connected compensation for that disability. Other exceptions to the minimum service requirements include claims for VA life insurance benefits, hardship discharges, and persons retired or separated from service because of a service-related disability.
https://fas.org/sgp/crs/misc/R42324.pdf
This link is to a congressional research service. It sounds like you have all you need to file. Just contact a servicing agency like DAV, VFW, or American Legion to help you file. If your sholders are messed up you could get about 20-30% which is about $500/month.

Good luck.

R42324.pdf

Response by SFC William Long made Dec 9 at 2018 6:04 PM

SFC William Long — Sun, 09 Dec 2018 18:04:52 -0500

Did you do it on Active Duty and did you go to a clinic