Lod Approved Now Removed Want A Formal Lod Done

[malandroaz]

I am currently in the reserves. I had a shoulder injury while I was training and told my commander when it happened. The commander said okay if your pain does not go away then go to the doctors. Less than 48hrs I go to doctor because my pain never went away. I had the 2163 filled out and completed. My commander signed off on my LOD as informal because she was there when I got hurt.

I did physical therapy but did not work and surgery was needed. This is a year later from the original LOD. I filed INCAP because I will be out of work for period of time. My INCAP gets denied "put on hold" because regional command says that the initial LOD was not done properly. That they want a formal LOD done.

I feel that they want to screw me out of my INCAP pay. How can they revoke a LOD issued already by my commander with nothing has changed?

Edited July 9, 2015 by malandroaz

[rootbeer22]

malandroaz

It's probably OK, just get your facts together and be prepared to talk to the LOD investigating officer with your evidence and build your case. One important aspect of this may be to get "buddy statements" from anyone that was there or by you when the incident occurred if you can? Frankly, soldiers get hurt in training and the fact that you already had an informal investigation, should bode well for your case? Certainly, the commander can formalize the LOD but it may not be required in your case unless there were any earlier concerns about, misconduct, drugs or alcohol? Besides, unless someone took a blood test or urine sample during the informal investigation anyway at the time then that ship has sailed long ago? But from what I've been able to research is that when a soldier is on duty and doing their job of training, then the perception is that the incident is usually within the rules of being in the line of duty LOD? I was concerned about this myself and got all spun up about it but in the end it's about just doing your job as a soldier when on duty. If you do some basic research and "just google LOD" , and you will find LOD Investigation regulations for every service and they are very similar. Now, I will tell you that the VBA is not bound to accept service LODs but as a matter of practice, they generally accept the findings of the service LOD. That said, they (VBA) can also make their own determinations and findings given the evidence and statements that they see. Also, I even searched thru numerous VBA Appeals with regard to LODs, unless over wise stated in the records, there was a tendency for the Appeals Board to give the Vet, the benefit of a doubt for the LOD? One of the most striking things that I found is that very few LODs are ever done in the first place and when they are it's because someone suspected drugs and alcohol use while someone was driving to and from AD Training? Also, a new twist is the question, "was the service member wearing a seatbelt at the time of the accident"? So, it's best to always be safer rater than sorry. My advice is for you to communicate with your chain of command, figure out what you/they need for the LOD and get it wrapped up. In most cases, they are just doing their jobs and there is no hidden agenda. Besides, no one likes doing paperwork but the military seems to run on it....good luck and Godspeed...rootbeer22..

Edited July 9, 2015 by rootbeer22

[malandroaz]

Thanks Rootbeer. At the division level the LOD was approved but since I filed INCAP pay (loss of civilian work) while in recovering they wanted more paper work. My guess is unless you lost eye, leg or arm if you request INCAP they will do formal investigation. Kinda BS for people with a torn knee or shoulder. The want to make 110% sure that if they pay out $$$ it is going to be correct. I just received a sworn statement from a direct witness and still waiting for the old commander to send me her statement.