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]

Sorry I did not see this post sooner. I will answer what I've experienced before on this as my case rely heavily on being in different status when an injury or illness occured.

The regs that help for starters are " a. Injury or disease that has been made worse by active military status. Ex. Being hurt while on Active duty for training, later getting deployed, tittle 32 orders and said injury or illness being made worse because of it.

Do you have copies of your c file or at least your records from the National Guard beurau?  Service medical records? 

Any ways give me a message on PM or start a topic and I'll give you my take on my experiences.

[gossjl04]

Hey ArNG11.  I do have copies of my orders.  They state that under the authority of 32 USC 502, I was supposed to report to the Army Mountain Warfare School from June 1 to June 15.  It's even listed on the one letter that you can download from E-Benefits as active duty time.  I understand that for Inactive Duty for Training, there has to be an injury in order to be elligible, but for Active Duty for Training, it says injury OR disease.  What are your thoughts?

[ArNG11]

That's the tricky part. There should not be room for what the  VA does but it happens 's all the time, the VA breaks the law and goes against pretty clear regs.  It's only when. You get to the higher levels that you might get some justice. Get a hold of the National  Guard Beureau.  Those records will be different than your service medical records. Also if you still have buds in your old unit, pay a visit there, most units keeps ghost files on soldiers for a while. Pay the extra  $ to get your records from the National Records Archive. You'll need  those, trust me on that one.

[ArNG11]

Hey ArNG11.  I do have copies of my orders.  They state that under the authority of 32 USC 502, I was supposed to report to the Army Mountain Warfare School from June 1 to June 15.  It's even listed on the one letter that you can download from E-Benefits as active duty time.  I understand that for Inactive Duty for Training, there has to be an injury in order to be elligible, but for Active Duty for Training, it says injury OR disease.  What are your thoughts?

there are a few defenses against this, first your entrance pbysical, if no notations were made you were 100% good to go, secondly even if you had a preexisting condition that was  noted the question becomes whether active service made that injury or disease worse in other words did service make it worse.

[gossjl04]

When I enlisted and went through MEPS, I was 100% good to go.  The fungal infection didn't start until I went to the Army Mountain Warfare School.

[ArNG11]

When I enlisted and went through MEPS, I was 100% good to go.  The fungal infection didn't start until I went to the Army Mountain Warfare School.

Alrighty then, If I recall that programs is weeks long wasn't it. In any case did you go to the TMC or get seen by a combat medic. If you did get that paperwork.  It gets tricky when dealing with Guard and Reserve, each have their own set of rules and regulations and sadly records keeping fiascos.  But as long you follow the same recipe you should be able to get service connection. Now mind you, you are still going to need a nexus, connecting the injury or disease to service.  Did you get any LOD paperwork and did you get any treatment outside military channels?

Did you have any luck with getting your records from your old unit?

 Do you also have contemporary records and pursuant treatment for the condition? 

Im jumping around a lot but I think you will get the jest of what I am saying.  It is not impossible getting something connected through Guard Service, but as long as it showed up during your active time and you sought treatment for it via private or VA wise you are headed in the right direction for service connection.  

Silly question, did you try those white or brown powder dispensers to keep your feet dry?  Clean socks and such, just curious?  That's neither here nor there more of curiosity.