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.

[Phury & Rhage]

Hello!

I didn't see this response so I'm putting it in here:  III.ii.6.A.2.f.  Deciding Line of Duty Status for Claims Based on ADT or IADT.  You will find this at "Know VA" - Google that.  If you have any questions about that, I'll try to answer.  Also, if you were in Title 32 status and made an L&I claim, that will argue against service connection.  You can only make one (valid) claim related to the injury based on your status at the time of the injury.  If you have an LOD and were discharged from the ANG related to that injury, you should have been processed through the Disability Evaluation System.  If that didn't happen, you have more than one problem here....

Good luck,

Phury

 

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014143/M21-1-Part-III-Subpart-ii-Chapter-6-Section-A-Establishing-Veteran-Status?query=veteran status#2f