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!

 

 

[ArNG11]

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!

Depends what title it was under and what it was in support of.  Regular AT training is different than say deploying or training for a mobilization.  It can go off state orders or federal status.  Federal Status is what you need to be on for the most benefits, if not then it becomes a matter of going through your assigned state channels.  At least that is what I have learned.  If you have copies or your orders through out your military career those should provide great insight and get you to where you need to start.

[Vync]

Depends what title it was under and what it was in support of.  Regular AT training is different than say deploying or training for a mobilization.  It can go off state orders or federal status.  Federal Status is what you need to be on for the most benefits, if not then it becomes a matter of going through your assigned state channels.  At least that is what I have learned.  If you have copies or your orders through out your military career those should provide great insight and get you to where you need to start.

I heard something like this also, but don't have the source handy. Basically, if the governor activates troops to help clean up after a tornado, injuries would be handled like workmans comp, but everything else would be good to go. I'm sorry if I am misquoting on this, but I read it elsewhere. Fact checking would be required. I was in the reserve after active duty, so I don't know all the In's and Out's of NG service, but am learning.

[ArNG11]

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!

Listen I would advise to consider your options.  I know I can't wait to be in a court room to refute some of the bogus crap the VA has done on my claims, hopefully without going emotionally schitzo in the courtroom.

I am not against filing a CUE, however, it is very important that you understand these facts.  Veterans are  afforded a very powerful weapon.  Your credibility. The laws that regulate how the VA is supposed to do business.  If you can prove this going through the regular appeals channels then I would suggest to do so.  

In a CUE situation, you are at a very crappy set of circumstances.  You loose benefit of doubt.  That right if I can call it this is a gem in your arsenal.  There is a time for CUE do not get me wrong, however, if you can attain the same outcome by not filing a CUE and just going through the regular appeals channels, I would suggest to do just that. Unfortunately, time is a luxury that some do not have.

The VA is a deadly snake and you don't want a situation where the benefit of doubt goes out the window.  Remember even if your evidence is equal to the VA's, the benefit of doubt, the equal weight of evidence for and against your claim, legally by regulation and law you are going to win.  In theory that is, the VA can only get away with what the courts allow them to. Have the regs, laws, and evidence on your side, you will ultimately prevail.  JMHO

When I get to where I finally get to in this process I will be sure to share what I have learned. Hope all this makes sense.

[Chuck75]

"I've submitted all of this to my rep at the DAV".

I never had much luck with the VSO's. (DAV,VFW,State)

Ended up doing my own claims for better or worse, and eventually getting a lawyer for appeals.

After about ten years, I'm still fighting over a couple of conditions that should have been a "slam dunk",

in that the service records back up the claims. Both can be considered CUE, as the VA screwed up

the denials and failed to follow law concerning combat related injury.

Perhaps the most serious mistake the VA made was to not include me on the A.O. list as required by the Nehmer court,

even after i had been awarded an initial A.O. related claim. Other mistakes may add up to a couple of hundred a month for

nine to ten years. (That's why it became lawyer time!)

 

 

[Chuck75]

As to Active Duty training for the reserves and guard.

I was in the Navy reserves, and we were covered by the federal rules, end of issue. The NG was a different story. They had to have orders that were basically

saying that they were "federalized" for the training or active duty period.

[ArNG11]

As to Active Duty training for the reserves and guard.

I was in the Navy reserves, and we were covered by the federal rules, end of issue. The NG was a different story. They had to have orders that were basically

saying that they were "federalized" for the training or active duty period.

The tittle that is listed on the orders makes a significant difference.