Need Help! VA does not consider LOD while in "Drill status" for compensation, I was discharged for this injury

[Pegster]

Hello, This is my first post, I have researched regulations and Laws and I am still unable to find an answer.  Is a Line of Duty while in UTA status considered eligible for VA compensation?  I was in the Air NG as a full time technician, I injured my back trying to move an aircraft part.  I went to physical therapy and was released from my profile about 4 months later, no issues.  Roughly 4-5 months later (in 2015) I was in Drill status, our UTA, and I was working in the warehouse prior to our PT test.  While testing I re-injured my lower back and also my ankle.  My lower back did not recover from this and I had surgery, a fusion, laminectomy, there was a Line of Duty done with an investigation and it was approved.  The medical board discharged me and being "unfit" and I also lost my T32 position.  While outprocessing a VA claim was submitted for my lower back and it has been denied since 2015. I  did go to the BVA 2 years ago and it was "remanded" back to VA locally.  I am still being told that VA does not consider being on Drill status as active duty.  Is there a regulation or Law that I could quote to them.  Any help I would appreciate.

[ShrekTheTank]

I was always under the impression Drill was Active duty.  Just for the days you are active.  You will probably need to take this to the CAVC and get a Lawyer at that point, and the EAJA will cover the cost of the lawyer while you are at the CAVC.  

After the BVA decision it should ask you if you want appeal and the next step is the CAVC.  You do have to act fast as they give 120 days I believe.  

Edited February 17, 2021 by shrekthetank1

[Buck52]

It would help us help you if you can put a redacted copy of why they denied you.

(What We Decided)

cover name and claim # personal information.

[Buck52]

check this link out.

https://myarmybenefits.us.army.mil/Benefit-Library/Federal-Benefits/Veterans-Disability-Compensation?serv=125

[Buck52]

If this was remanded back to your R.O. call the 1-800# and ask them to check the status of your claim/this claim.

Use to we could call our R.O. And check the status of our claims but now we  got to go through the process   or call the 1 -800#

[Pegster]

When I get home I will post the decision.  Basically they looked at my active duty time and said Injury was not during AD so not service connected  I called the 1800# on Monday and all she said was that they had just requested my "Incap. Pay".  

[Carl the Engineer]

"I am still being told that VA does not consider being on Drill status as active duty"

Who is telling you this??, someone from the VA?  Don't take for granted what a VSO says, or anyone at the local Legion or VFW. 

Anyway, before 9/11, Guard and Reserves were treated like red-headed step children of the Military.  Ever since the Guard and Reserves bailed the Military's butts out in Afghanistan and Iraq, things have changed.

When I noticed the discriminations' when I went to the VA hospital in '08, when anyone asked, I said Active Duty.  I have 27 years, 13 active, 14 Guard.  After that, it went smoothly.

From what I read, you should be fine.  Keep in mind, everyone gets denied, even Soldiers with just active duty. 

As a title 32 technician, you fall under 3 different programs, so, I am not an expert and you should call your state technician supervisor.  I was title 32 AGR, which only has 2 programs, LOL,

Hamslice