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Army Reserve Injury Va Claim Question

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malandroaz

Question

I am applying for VA disability claim due to injuries from the military. My first injury occurred in 2011 Office School (BOLC) . It was documented at the medical treatment facility but I never received LOD memo for it. I have copies of my medical records from there though. My second injury I torn my labrum during weekend drill lifting supplies. I do have a LOD for this injury.

1) The VA just sent me a letter saying that they need a DD 214

THE PROBLEM: I never been activated on federal orders just for officer school, distance schools and annual training. What do I do?

2) What do I do about the medical injury during officer school without a LOD?

3) My 2nd injury I do have a LOD and do have a copy of the sign in roster from that day of injury. Do I mail that to the VA claim as well as proof I was there? Silly when I have a LOD already.

Edited by malandroaz
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malandroaz

It's an interesting question and hopefully you'll get and answer from one of the smart people on this forum? I had something that was similar but I have not been able to get good answers yet? For instance, I have learned that it is not uncommon that your unit did not do a line of duty investigation because many Vets never get an LOD? But, your former unit chain of command can make that call as an LOD does not have always to be done according to the rules? However, if they do and it's favorable to the Vet then the VA usually will usually accept the results...but not in all cases? Also, that the VA will be within it's own authority to do their own Line of Duty Determination to determine if a vet is eligible for benefits or not? In cases where there is negligence or willfull miscoduct like with the use of alcohol or drugs consumption during an accident, it could come out unfavorable for the vet? However, aside from those two things, it would be difficult to make any clear cut determinations for military related training accidents unless the rater was an expert in the field that saw the incident all unfold for themsleves? The bottom line is that military in the field is an extemely dangerous place and with lots of troops with hundreds of pieces of heavy military equipment/vehicles menuevering around, troops can easliy get injured or killed in the performance of their duties? So, another question is, does a Vet in your case get penalised just because their unit decided not to conduct a LOD? Frankly, unless someone was actually there physically during the incident, it would be almost impossible to make and accurate and unbiased ruling in your case? Perhaps you should get some buddy statements from those that may have been with you during the incident to strenthen your case? Frankly, there are so many factors to include battlefield fatigue, situational awareness issues, and a host of other distrators that play into and incident or injury out in the field?

At one point as a Tank Commander with about 6 hours sleep in three days, as I was maneurving 4 tanks simultaneously along a ridge in poor visibility conditions, while montoring and speaking on 3 different radio nets & communicating with my crew on the intercom, reading a map to select the next fighting positions for my platton, sending situation reports to Higher Hq as other commanders were yelling on the tactical net, field artilery was laying smoke to shield our tank unit movements, concurrently, I was giving Tank firing commands, manning the commander's 50 Cal machine gun, and looking out trying to avoid anti-tank obstacles, avoiding crushing ground infantry and directing my own tank driver on where to go next? Then at the same time the noise was overwhelming with the Tank's track noises, and as Jets and helicopters were low flying over and artillery was shifting their fires to avoid hitting the friendlies....and then many many years later someone has the ability to make a call, and says "maybe you should have been more cautious with your decisions and actions at that point when you were injured?" Well, unless someone has ever been in that very position and under that same intense pressure, and with little sleep, how do they pass judgement right or wrong in a situation like that...it would almost be impossible? Frankly, it's one thing for soldiers to have a few beers, and do something stupid in a civilian car accident off post and get injured needlessly. But, It's a totally different story altogther for soldiers to be doing their tactical military jobs while moving and surviving in a hostile enviroment and getting injured in a dangerous situation? Good luck....and I hope you get the answer you desire....?

Edited by rootbeer22
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The 1st injury was hearing lost during training. I went to the medical clinic on post during my active order for training and it is documented. I could not hear out of my right ear and heard ringing sound.

The 2nd injury is LOD in which I am having surgery next week for. Which was informal LOD because it was obvious when I got injured.

I just do not know what a reservist give the VA in terms of DD 214. You will never have a DD 214 if you are never federally called up for active duty (mobilization, overseas duty, combat). I have been a night battle captain for several large exercises and there is always people who get injured (loss finger, hearing, back injury, etc..) during my watch. I know most of these soldiers were army reserve and will not have a DD 214.

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The hearing loss is good to have documentation usually a shift in hearing from your entrance to your seps exams. But for the most part it is based on MOS. Just write a statement describing the incident and your exposure to noise in service on a 4138 and submit it. LOD you're good and you're having surgery current tx/dx, yes send in the LOD as well as a statement, if you dont get an exam do a private dbq with a nexus opinion and send it in. My wife was a reservist, no 214 and she is connected for knee, HL/Tinnitus. Shouldn't be an issue.

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I am going thru the same problem with the injury I sustained on AT , No LOD was done, I recently was sent a copy of my drill points from NPRC Millington TN with my actuial Training dates and certified, I will use this as new and material Evidece for a reopen, the basis of my denial was they said I was not on active duty at the time of the injury,but I have a medical reort from the base Hosp. and AT points documentation.

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