Made progress the last couple days. The commanders form/letter now says ILOD so that's good. Also medical rounded up all my medical information and sent the package to NGB today for them to do a ILOD determination like others said on here. I feel like I was being steered the wrong way for a bit but by my medical and commander but I ask questions and say when something doesn't seem right. I've been told by multiple medical personal 2 months and the LOD and fit unfit will be completed so the end of October beginning of November. Anyone want to bet on it?
ANG dual status technian
- Thread starter Jmc81
- Start date
No way am I taking that bet. Anyone that can state a definitive timeline dealing with LODs and IDES is a moron or a fool.
Well VA denied my neck injury claim. I'm very disappointed in that outcome. My VSO told me they VA agreed I was in military status at work that there was infact a neck injury and that my neck is still injured but they think it improved and I hurt it again while at home not in mil status. So I have more paperwork to turn in for that condition VSO thinks there is still a good chance cause they admitted I was injured. I can see why VA has its reputation now.
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Hello there,
I have a few questions.
#1 who prescribed the medication? for your medication?
#2 where do you work now as a federal technician?
I’m currently on medication as well due to PTSD, and I am finishing up my temp agr in October. I was told I can stay in as long as the medication wasn’t prescribed by a Psychiatrist.
#
I'm not on medication now, in the past I was. I'm in the air national guard. I think it has more to do with deployability and restrictions and if you can perform your job. Maybe liability issues also. Years ago some of the anxiety and depression meds I heard could be enough to be pushed out but my med group told me that had changed. So being on med might have no effect on staying in based on what I was told.
Hi everyone,
I could use some help not sure if Jason Perry does it or someone else. This is the breakdown October 29 2018 I did an intent to file with my VSO Oct 28 2019 she contacts me tells me you need to come in tomorrow and finish the claim or you will lose the whole year of potential VA benefits. I brought my stuff to VSO Oct 29. 2019 she said it had to be done before Nov. Some of my claims went through I'm at 70 will most likely get 80. And the VA didnt pay the first year. My new vso looked Into it said it was processed oct 30 2019. He said they received it at 1230. 30 min late it had to be in by noon by some regulation. So 30 min late cost me 20000 CAN I FIGHT THIS I NEED AN ATTORNEY. It was processed in the same month it didn't go over a year need help please.
I could use some help not sure if Jason Perry does it or someone else. This is the breakdown October 29 2018 I did an intent to file with my VSO Oct 28 2019 she contacts me tells me you need to come in tomorrow and finish the claim or you will lose the whole year of potential VA benefits. I brought my stuff to VSO Oct 29. 2019 she said it had to be done before Nov. Some of my claims went through I'm at 70 will most likely get 80. And the VA didnt pay the first year. My new vso looked Into it said it was processed oct 30 2019. He said they received it at 1230. 30 min late it had to be in by noon by some regulation. So 30 min late cost me 20000 CAN I FIGHT THIS I NEED AN ATTORNEY. It was processed in the same month it didn't go over a year need help please.
I am not an expert on "Intent to File" procedures, but I successfully used it with my last claim.
My comments are related to whether something is "on time" or within an allowable period.
VA: "The date VA receives your intent to file will be protected as your effective date. However, the correct application form must be submitted within one year."
Based on my experiences with military pay, computing bonuses, etc., a lifetime ago, my thoughts include:
If one filed an intent to file on 29 October 2018, it had to be received by 28 October 2019 to be considered received within one year.
Receipt on 29 October 2019 is one year and one day.
Receipt on 30 October 2019 is one year and two days.
Practical example: I first entered active duty 18 October 1966. On 17 October 1967 I completed one year. On 18 October 1967 I had one year and one day.
The same logic applied when considering longevity increases such as E7 over 20, E9 over 26, etc.
Extracted from the Intent to File form:
MPORTANT: After receiving this form, VA will give you the appropriate application to file for the general benefit you select above. You can also apply for VA disability compensation online atwww.va.gov. If you give VA a completed application for the selected general benefit within one year of filing this form, your completed application will be considered filed as of the date of receipt of this form. Only the first completed application for each selected general benefit that is received after you file this form will be considered filed as of the date of receipt of this form. You may indicate your intent to file for more than one general benefit on this form or you may submit a separate intent to file for each general benefit. Please complete as many fields in Section II as possible. VA cannot process this form if we cannot identify the claimant and veteran.
Ron
cc: @Jason Perry
Somewhat related, but not specifically for Intent to File.
§ 3.110 Computation of time limit.
(a) In computing the time limit for any action required of a claimant or beneficiary, including the filing of claims or evidence requested by VA, the first day of the specified period will be excluded and the last day included. This rule is applicable in cases in which the time limit expires on a workday. Where the time limit would expire on a Saturday, Sunday, or holiday, the next succeeding workday will be included in the computation.
(b) The first day of the specified period referred to in paragraph (a) of this section shall be the date of mailing of notification to the claimant or beneficiary of the action required and the time limit therefor. The date of the letter of notification shall be considered the date of mailing for purposes of computing time limits. As to appeals, see §§ 19.52, 20.203, and 20.110 of this chapter.
(Authority: 38 U.S.C. 501)
Ron
38 CFR § 3.110 - Computation of time limit.
p§ 3.110 Computation of time limit.
(a) In computing the time limit for any action required of a claimant or beneficiary, including the filing of claims or evidence requested by VA, the first day of the specified period will be excluded and the last day included. This rule is applicable in cases in which the time limit expires on a workday. Where the time limit would expire on a Saturday, Sunday, or holiday, the next succeeding workday will be included in the computation.
(b) The first day of the specified period referred to in paragraph (a) of this section shall be the date of mailing of notification to the claimant or beneficiary of the action required and the time limit therefor. The date of the letter of notification shall be considered the date of mailing for purposes of computing time limits. As to appeals, see §§ 19.52, 20.203, and 20.110 of this chapter.
(Authority: 38 U.S.C. 501)
Ron
What I am being told is my intent to file was sent with in the one year but it was afternoon and noon is the deadline to process it pushing it to the next day making it out of date. I just feel like that is a load of crap. But like everything in government it makes no sense. I will work with my old and new VSO see what we can do, I waited little to long.
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Thanks RonG for the advice info. Also I was rated 70% PTSD MDD though the VA which are the unfitting conditions that have led to IDES. Does that mean I would be 70%DOD with the medically retirement though the military. I started the VA process before the IDES so things are out of order.
The DOD retirement is a different beast than the VA. The DOD is only concerned with your unfitting or "referred" conditions. Going the the IDES, the DOD typically will accept any VA rating so if the VA has you rated at 70% for an unfitting condition, it "should" transfer over to the IPEB. Nothing is guaranteed, but that seems to be fairly common.
Thanks, also the timeline the med group gave me is not accurate. My LOD paperwork is sitting with NGB doctors for over 2 months now. They told me 2 months for LOD and fit unfit determination the end of August.
My paperwork has been with guard bureau 3 months now waiting just for an LOD determination from when I was on active orders year's ago. Does any one have any phone numbers for guard bureau? My med group told me it's sitting on someone's desk and they can't do anything about it. Just wait forever I guess. It would be a huge thank you if someone has that info.
The Lt I've been working with finally got an answer from NGB, they told her sorry their system went down I fell though the cracks but I would have an answer on my LOD in 1-2 weeks. So anyone going through the NGB for LOD if it takes months they are not working on it, your paperwork is shoved in a corner or gone try to find a way to communicate with NGB it's not easy.
Found out today I was found not in the line of duty injury by NGB. it took them 6 months to tell me no. Dam I'm pissed right now, well anyway can some one point me in the direction of an attorney that can help me against the NGB in regards to the LOD. thanks for the help man I am disappointed.
NGB doesn't like to find things in LOD.
Your best bet is to put together a really clear and concise explanation of why your injuries are In line of duty and file a congressional. You should include DODI and applicable regulations to explain how your condition fits into those regulations. That forces the NGB to look into the matter and provide an explanation to congress. I filed a 90 page congressional but that fixed my problems. They ended up medborading me and I got retired on the GS side and I get my VA money.
Your best bet is to put together a really clear and concise explanation of why your injuries are In line of duty and file a congressional. You should include DODI and applicable regulations to explain how your condition fits into those regulations. That forces the NGB to look into the matter and provide an explanation to congress. I filed a 90 page congressional but that fixed my problems. They ended up medborading me and I got retired on the GS side and I get my VA money.
They are telling me I need to continue the med out process not inline of duty now. When you say a congressional what do you mean? Do I type up an explanation and send it to my congressman ot is there some type of form that I need. I will print off the AFI and go over it again, also I sent an email to Jason perry thanks for the help I am so disappointed right now
That's the same thing they told me. They said my condition wasn't in line of duty even though I fell down some stairs while deployed and tore my tendon in my ankle that required surgery. The VA said It was service connected and I had a VA rating but the NGB tried saying it was not service connected.
You just write a letter to your congressman saying you are a military member and explain your situation. When you write a congressional you need to be very specific on what you want them to look into.
So it should say something like " on xxx date while on military orders I was injured. Dodi states a lod should be done within xxx number of days. Why did my LOD take 6 months. Dodi states xxx and my condition meets those conditions. Why was my condition not found in line of duty. You can also get buddy statements.
You just write a letter to your congressman saying you are a military member and explain your situation. When you write a congressional you need to be very specific on what you want them to look into.
So it should say something like " on xxx date while on military orders I was injured. Dodi states a lod should be done within xxx number of days. Why did my LOD take 6 months. Dodi states xxx and my condition meets those conditions. Why was my condition not found in line of duty. You can also get buddy statements.