Question about 'Active Duty for Training' claim

[gossjl04]

Good Morning Everyone.

I'm a SSG with the Army National Guard.  I'm currently 40% SC for 2 bad shoulders.  I went to Vermont in June a few years ago for 15 days for the Summer Mountain Warfare School under authority of 32 USC 502, which should be classified as 'Active Duty For Training' (ADT).  I developed a rash (Tinea Versicolor, which is a fungal infection of the skin) after the first week that I was there.  It covers probably 50% of my body, is very itchy, and doesn't look very appealing.  I've had many, many treatments which haven't cure it yet.  Anyways, my claim was denied because (statement from VA)

“VA Regulations document that Active Duty For Training does not qualify as active duty for VA benefits unless a person disabled or dies from an injury incurred or aggravated in the line of duty or has a cardiac arrest or stroke.  As the rash is not due to an injury in the line of duty, it is not subject to service connection.”

However, according my research,

(from M21-1MR, Part III, Subpart ii, Chapter 6)

“Active service” includes

·   active duty, or

 

·   any period of active duty for training during which a person is disabled or dies from

-  a disease or injury incurred or aggravated in the line of duty, or

-  an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident while proceeding directly to, or returning directly from, a period of active duty for training, or

 

·   any period of inactive duty training during which a person is disabled or dies from an

-  injury incurred or aggravated in the line of duty, or

-  acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident that occurred during such training or while proceeding directly to, or returning directly from, such training.

It seems to me that they applied the rule incorrectly in my case, since it was Active Duty For Training, which includes a disease incurred in the line of duty, not just an injury. 

Does anybody have any experience or expertise regarding a claim for a disease incurred on ADT?  Also, is annual training with the national guard considered ADT for IDT?  Thanks!

 

 

[Vync]

Hey Goss,
I'm thinking the VA has something against National Guard veterans - period. For some reason, if they don't see title 10, deny, deny, deny!

However, this BVA win might help: http://www.va.gov/vetapp15/Files4/1532700.txt

This National Guard veteran contracted tinea pedis (i.e. athletes' foot) infection on various parts of his body (yikes) while he was on ACDUTRA. The VA denied the hell out of it, but he won on appeal.

As the uncontroverted medical evidence establishes that the appellant's currently diagnosed dermatophytosis was contracted during the period of ACDUTRA from August 1974 to December 1974, the Board grants service connection for this claim.

 

I'm, also helping an Air National Guard veteran who was also rubber stamp denied like you were, but this is on a separate topic:

 

[gossjl04]

Vync, This is awesome! Thank you so much. My case very closely resembles this case.  After I get done copying and pasting and typing a summary to my DAV rep, I'm going to take a look at your thread.  I'm new, but I'll try to lend a hand in research or development if I can.  Thanks again!

[ArNG11]

goss I will testify to this.  The VA is going to fight you tooth and nail on this and try to confuse the crap out of all issues.  Stick to the facts,  get you records together and do not back down.  Get intimate with the regulations that apply to your claim.  Most times the regulations they break are the very same ones they quote in their reasons and basis.  My back injury is a prime example of the crap they pull. It will be long and tedious but remember your win will take TLC and patience.  Use the regs and the evidence.  Get your evidence and history together.  Get the doctor's opinions and stay true to the course.  I cannot stress that enough.  PM if you want what has worked for me.  I'll give you my take on it and maybe you can avoid some of the traps and delays.  

Also although the regs and laws are critical, the help you get on this forum is INVALUABLE.  One more thing read the references on your own.  Don't just take my word or anyone else's just because.  It's a learning experience that I can tell you straight out.  

It's a balance as well.  Many times folks smarter than I have warned me not to let this, the VA fight, consume you.  They're a googolplex percent correct as it can very easily.

 

"till my last breath"

Mr. A

 

Edited December 23, 2015 by ArNG11
help offer

[gossjl04]

Thanks Mr. A.!  At this point, I think that I have all of the relevant regulations pinpointed and that VBA  appeal that Vync provided should provide for a slam dunk case.  I'm hoping my rep gets back in touch with me soon.  I'm wondering if it would be enough cause to file a CUE, instead of an appeal so that I don't have to wait another year for a determination. 

On an unrelated note, do you know if annual training is considered to be a period of Inactive Duty for Training or Active Duty for Training?

Thanks again, everybody!

[Vync]

Vync, This is awesome! Thank you so much. My case very closely resembles this case.  After I get done copying and pasting and typing a summary to my DAV rep, I'm going to take a look at your thread.  I'm new, but I'll try to lend a hand in research or development if I can.  Thanks again!

My topic is a bit different in that the guy I am helping served on regular active duty for four years and came down with various problem. He then served 20+ years as national guard. He went to the usual weekend drills and two weeks in the Summer, but also was shipped to other places for months-long schools. The similarity comes with the fact that the VA simply saw he was National Guard and slammed the door on his claim, even though he had injuries both from active duty and also ACDUTRA.

[Vync]

Thanks Mr. A.!  At this point, I think that I have all of the relevant regulations pinpointed and that VBA  appeal that Vync provided should provide for a slam dunk case.  I'm hoping my rep gets back in touch with me soon.  I'm wondering if it would be enough cause to file a CUE, instead of an appeal so that I don't have to wait another year for a determination. 

On an unrelated note, do you know if annual training is considered to be a period of Inactive Duty for Training or Active Duty for Training?

Thanks again, everybody!

I wish I knew CUE better, but there are a number of other members here who know CUE 1000 times better than I do. I'm not sure if one would be faster or more appropriate than another.

I would have to look up your question, but need to break away and take care of some things. If nobody answers it before I get back, I'll look it up.