Air National Guard Traditional Retired Claim Va Not Counting My Gaurd Time

[manning01]

I spent 10 years active duty, two tours in Iraq and the rest of the remaining 10 years as a traditional ANG guardsman fulltime federal technician. I retired in 2010 question I have several conditions my private doctors/surgeons said directly were caused by my service in the Air Force (recent while I was still in the ANG). On drill weekends and my deployments we are exposed to the same things as any other active duty person. I filed my claim several days prior to my ANG retirement after 20+ years but after two years of waiting for the claim to be decided now the VA says they are only counting my active duty periods from my DD-214's from active duty and my two deploments to OIF and not any of my ANG time. So they said I didn't file for my issues within the 1 year window to be considered presumed SC without anything in my SMR's so they are saying we don't care you were performing your required miitary duty it doesn't count cause it's as a tradional guardsmen. Does anyone know does my weekend drills, two week deployments and others TDY's other then overseas count? I should think they do we are exposed to the same things when in uniform on drills, TDY's etc. I can't understand I was in uniform till a week before retirement and yet they said I didn't get my claim in within the specified period to be presumed SC'd cause I was guard. Has anyone run across this?

Edited December 14, 2012 by manning01

[JT24usn]

Va will only accept ng time when ordered under chapter 10; line of duty, or proof condition happened while on training, TDY, or again activated under title 10 (tours in Iraq or a better way of thinking of title 10 when issued dd214). Jmho

State Mission

When Army National Guard units are not under federal control, the governor is the commander-in-chief of his or her respective state, territory (Guam, Virgin Islands), or commonwealth (Puerto Rico). The President of the United States commands the District of Columbia National Guard, though this command is routinely delegated to the Commanding General of the DC National Guard. Each of the 54 National Guard organizations is supervised by the Adjutant General of the state or territory who also serves as the Director or Commanding General of the state military forces (in DC, only the Commanding General title is used).

When serving under Title 32 Active Duty, Title 32 service is primarily state active duty. This includes the following forms of active service:

o State Active Duty (SAD). The Governor can activate National Guard personnel to “State Active Duty” in response to natural or man-made disasters or Homeland Defense missions. State Active Duty is based on State statute and policy as well as State funds, and the Soldiers and Airmen remain under the command and control of the Governor. A key aspect of this duty status is that the Posse Comitatus Act (PCA) does not apply.

o Title 32 Full-Time National Guard Duty. “Full-time National Guard duty” means training or other duty, other than inactive duty, performed by a member of the National Guard. Title 32 allows the Governor, with the approval of the President or the Secretary of Defense, to order a member to duty for operational HLD activities IAW the United States Code (USC):

The key to state active service is that Federal Law provides the Governor with the ability to place a soldier in a full-time duty status under the command and control of the State but directly funded with Federal dollars. Even though this duty status is authorized by Federal statute, this section is a statutory exception to the Posse Comitatus Act; the Governor may use the Guard in a law enforcement capacity; and the chain of command rests within the State.

In the categories listed above, as well as on active duty for training (ADT) or inactive duty for training (IDT) orders, ARNG units or individuals may be mobilized for non- combat purposes such as the State Partnership Program, humanitarian missions, counterdrug operations, and peacekeeping or peace enforcement missions.

Under state law, the ARNG provides protection of life and property, and preserves peace, order, and public safety. These missions are accomplished through emergency relief support during natural disasters such as floods, earthquakes, and forest fires; search and rescue operations; support to civil authorities; maintenance of vital public services; and counterdrug operations. The ARNG also adds value to local communities through

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Federal Mission

The Army National Guard’s federal mission is to maintain well-trained, well-equipped units available for prompt mobilization during war and provide assistance during national emergencies (such as natural disasters or civil disturbances). The ARNG’s units (or any Reserve component forces) may be activated in a number of ways as prescribed by public law. Most of the laws for Federal Mission operations are in Title 10 of the U.S. Code.

When serving under Title 10, “active duty” means full-time duty in the active military service of the United States. Title 10 allows the President to “federalize” National Guard forces by ordering them to active duty in their reserve component status or by calling them into Federal service in their militia status. This includes the following forms of active service:

o Voluntary Order to Active Duty. With his or her consent and the consent of the Governor.

o Partial Mobilization. In time of national emergency declared by the President for any unit or any member for not more than 24 consecutive months.

o Presidential Reserve Call Up. When the President determines that it is necessary to augment the active forces for any operational mission for any unit or any member for not more than 270 days.

o Federal Aid for State Governments. Whenever an insurrection occurs in any State against its government, the President may, upon the request of its legislature or of its governor call into Federal service such of the militia of the other States. This is a statutory exception to the Posse Comitatus Act.

o Use of Militia and Armed Forces to Enforce Federal Authority. Whenever the President considers that unlawful obstructions, assemblages, or rebellion make it impracticable to enforce the laws of the United States in any State or Territory, he may call into Federal service such of the militia of any State. This is another statutory exception to Posse Comitatus.

o Interference with State and Federal law. The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy.

o Air and Army National Guard. Air and Army National Guard can specifically be called into Federal service in case of invasion, rebellion, or inability to execute Federal law with active forces.

The National Guard Bureau (NGB), both a staff and operating agency, administers the federal functions of the Army National Guard (ARNG) and the Air National Guard

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Edited December 14, 2012 by T8r

[JT24usn]

http://www.tvc.state.tx.us/documents/SP09Cert-Establishing_Veteran_Status.doc

[JT24usn]

These are conditions that happened within one year of your separation from 10 years active duty. Must be to a compensable degree.

(a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under § 3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of § 3.307 are also satisfied.

Anemia, primary.

Arteriosclerosis.

Arthritis.

Atrophy, progressive muscular.

Brain hemorrhage.

Brain thrombosis.

Bronchiectasis.

Calculi of the kidney, bladder, or gallbladder.

Cardiovascular-renal disease, including hypertension. (This term applies to combination involvement of the type of arteriosclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms, a disabling hypertension within the 1-year period will be given the same benefit of service connection as any of the chronic diseases listed.)

Cirrhosis of the liver.

Coccidioidomycosis.

Diabetes mellitus.

Encephalitis lethargica residuals.

Endocarditis. (This term covers all forms of valvular heart disease.)

Endocrinopathies.

Epilepsies.

Hansen's disease.

Hodgkin's disease.

Leukemia.

Lupus erythematosus, systemic.

Myasthenia gravis.

Myelitis.

Myocarditis.

Nephritis.

Other organic diseases of the nervous system.

Osteitis deformans (Paget's disease).

Osteomalacia.

Palsy, bulbar.

Paralysis agitans.

Psychoses.

Purpura idiopathic, hemorrhagic.

Raynaud's disease.

Sarcoidosis.

Scleroderma.

Sclerosis, amyotrophic lateral.

Sclerosis, multiple.

Syringomyelia.

Thromboangiitis obliterans (Buerger's disease).

Tuberculosis, active.

Tumors, malignant, or of the brain or spinal cord or peripheral nerves.

Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or duodenal ulcer (peptic ulcer) is to be considered established if it represents a medically sound interpretation of sufficient clinical findings warranting such diagnosis and provides an adequate basis for a differential diagnosis from other conditions with like symptomatology; in short, where the preponderance of evidence indicates gastric or duodenal ulcer (peptic ulcer). Whenever possible, of course, laboratory findings should be used in corroboration of the clinical data.

[manning01]

Thanks T8r I guess I'm SOL since I was on 32 USC 502 orders just prior to my retirement in the Air Guard. What a shame we have the same exposures etc on AT, UTA weekends, 2 weeks, regualar TDY's etc as the AD folks and yet we are not good enough to be compensated for issues that pop up latter and not a LOD while on drill status or title 32. What a slap in our face when the gov't does this we wear the same uniform and do the same things and yet we are forgotten. oh well I guess ask for a reconsideration on my headaches since they only gave me 0% SC even though I have migraines prostrating 2-4 a month clearly 30%. The rater ignored my headache diares for the last 2 years, buddy statements, my private nuerologist IMO and went with a inadequite C&P exam I challanged as being bad. Question since I'll ask for a reconsideration I need to claim my gulf war presumptive for IBS type symptoms that are undiagnosed but the VA has been testing me etc for the last year and no diagnosis. Should I claim it now since I'm clearly eligiable and have the condition? You'd think I might as well the reconsideration will take awhile also and I won't be able to NOD the denied items due to the above reasons.

Edited December 14, 2012 by manning01

[JT24usn]

Manning.

What I said is not the end all be all. That is what I interpreted. Read the info I posted and deduce your own ideas. If you can prove that one of the injuries happened during a drill week and no lid was done, but you have treatment for the conditions te same day then maybe something will be looked at. I am not a rater. It all is just my humble opinion. Good luck to you