New LOD needed?

J-MN

J-MN

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I have an LOD from FEB 2011 - surgery on left knee APR 2011.

According to my surgeon, the tear in the cartilage never healed, now he wants to clean up the new tear and do micro-fracture surgery to try and grow some new cartilage. I have been waiting for a response from my base since 6JUL12.

My base just told me today that they need to do a new LOD. Is this correct? I read that an LOD does not expire - why do they need to initiate a new LOD?? This is not a new injury.

any thoughts??

Thanks!!
 
An LOD does not expire. However, when there is a time lapse and word like "new tear" are used, your command may suspect you reinjured your knee. I'll assume you're a reservist or guardsman. If you had a LOD knee injury which was repaired by the service, and you reinjured it water skiing on your summer vacation (no duty status), the military is not responsible for the repair of the reinjury. Personally I would think a statement from your surgeon should suffice ILO a new LOD.
 
I am in the guard. The 'new tear', at the location of the old tear, is due to the original not healing. All of my medical records state that I continued to have problems with my knee right from the beginning, including 2 failed PT tests when they tried to make me walk (no running restriction from my surgeon).

I have already asked my surgeon for a statement on his opinion about a new injury. All of his notes indicate that the original never healed.

Thanks for your input.
 
You are better protected having 2 LOD's than 1. The first LOD will be different from the second LOD in the descriptions of the surgeries that were undertaken in each situation. Eventhough it is to the same body part and/or stemming from the same injury. Everytime you get cut, you should get an LOD.
 
comeback said:
You are better protected having 2 LOD's than 1. The first LOD will be different from the second LOD in the descriptions of the surgeries that were undertaken in each situation. Eventhough it is to the same body part and/or stemming from the same injury. Everytime you get cut, you should get an LOD.
Click to expand...

Why?
 
Because the original injury got aggravated and to rule out any misconduct/negligence that would make it not in line of duty. OP is in the NG and may not have been activated when the aggravation happened. OP had surgery for one tear - it did not heal properly; he develops a second tear. This new tear may or may not be linked to the first tear. Is it an aggravation or a new injury? That question can be addressed int the LOD. Armed with gazillions of LOD's saves you the headache of trying to obtain one 5 years after the fact. Allthough he most likely than not will be be found "in LOD", we are dealing with a leadership (to include the VA) that does not know the regulations or if they do, fail to interpret them correctly.
 
As long as you have physician statements being made along the way, there should be no need for another LOD.
 
Ed Mercanti said:
As long as you have physician statements being made along the way, there should be no need for another LOD.
Click to expand...

After thinking about this, I thought I should explain. an LOD is to determine whether the injury or disease was incurred in LOD. If there is no secondary injury (such as an opperation which failed) then there is no reason to have another LOD investigation done. If there is a reinjury, then a second LOD is necessary.
 
The only thing I would add is that part of the "confusion" (or, perhaps, just that there is an "issue") is because of various players not treating the same situation the same way. That is, I have seen PEB's in some case find a condition to be in the line of duty without a line of duty ever being done. In other cases they will not accept the condition as being in the line of duty because no LOD was completed. And I have seen cases where a Line of Duty YES finding was made, but they reject that document (this is rare, but I have seen it).

On the issue of orders or INCAP pay for reservists, I have seen similar problems...No LOD issued, equals no issuance of orders or payment of INCAP....while, in other cases, I have seen LODs issued and also denial of these benefits.

So, while I think the regulations are clear about what the purpose/utility of an LOD is, I think that in the execution, this gets muddled (also, I have rarely seen any agency acknowledge/follow the rule that until a LOD-No is issued, the injury is presumed in the line of duty...way more common is they agency or command stating something like "We can't issue [insert benefit/entitlement, like healthcare authorization, orders extension, or INCAP pay] without a completed LOD," meanwhile they take months or years to issue one when the timelines are clear and short.

To the original issue, though, I tend to think a new LOD would not hurt (so long, of course that the finding is In the Line of Duty). Having a second one should not be necessary though (only circumstance where I think one would be required would be if a different type of injury arose- for example, maybe scarring or additional nerve injury).
 
All good points Jason. When I was in First Army a reoccurring theme I ran into was a Reservist who was having his mortgage foreclosed or car reposessed because he didn't receive well deserved incap pay. The normal reason was either the unit didn't initiate a LOD or the LOD wasn't approved by the Casualty Area Command (CAC). I would approve a faxed copy of the LOD ILO the CAC and forward the packet to finance (Ft Indiantown Gap F&AO) for payment with my promise that original documents would follow. FIG F&AO would pay that day.
 
Thanks for your comments - I guess having another LOD would not be a bad thing as long as they actually link it back to the original.

Being that my ppwk is now at the IPEB - what are the chances that the Air Guard will actually bring me back on orders to have the second surgery?
 
UPDATE: Surgery approved by MMSO, NGB and AFMOA.

MedCon orders denied by AFMOA - but authorized INCAP. I was told to take FMLA from my technician job. Will start all the paperwork this weekend during drill.

I still don't think this passes the smell test and am contemplating a congressional.

Any thoughts?
 
You have been authorized surgery and incap pay. Not sure why you think you should be placed on orders for the operation.
 
The injury was while I was on Title 10 active duty orders for greater than 31 days. INCAP requires me to take FMLA from my regular job - I only get 12 weeks of FMLA in a year - I have to pay my share of health insurance while on FMLA - no TriCare for my family. Once I return to work I will have to take advanced sick leave for physical therapy. I am not getting treated 'just like active duty' as was promised. I don't believe that AF is following the DoDI's, AFI's or ANGI's with regards to keeping me on orders until the injury is healed or the MEB process is over. All around they are screwing all of us guard members. It's pretty much a 'thank you for your service, you are no longer useful to us so get lost!'
 
here we go again.......

Are you "fit for military duty"? (I'll answer it for you...no...you aren't deployable unless you can run 100 yards...)
Do you have an LOD? (yes, or you wouldn't get INCAP)

per AFRCI 36-3004....you must DECLINE medcon orders to be eligible for incap based on "fitness for duty"....so if you are eligible for incap based on fitness, you are eligible for medcon.

I can name the names of the folks doing this to you....I know it's not helpful to you in the short term, but help is on the way.

If you need a list of regs and DODDs/DODIs to cite, let me know...and know this...AFMOA has assumed responsibility for deciding who gets medcon, but the reg does NOT give it to them....the responsibility remains that of your commander.

BTW, I don't think INCAP requires you to use up your company provided benefits...it only requires that if you DO use company benefits, they pay you less.
 
Falcon - To keep my job I have to use some sort of leave once I am back at work. To keep my house I need to have a job. Please send a list of DoDDs, DoDIs and any AFIs that apply. AFMOA will only cite DoDD 1241.1, DoDI 1241.2, and DoDI 1332.38 and not give me the specific paragraph they are basing their decision on (btw - they have an E8 making those decisions not a Dr). I have already used up 120 hrs of sick leave from my regular job for doctor appointments over the past year.
Surgery is next Monday.
Thanks!!
 
Released from original Deployment orders on 20MAR2011.
MedCon orders from 11APR11 to 26SEP11 (first surgery on knee and surgery on shoulder).
 
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