Army National Guardsmen diagnosed with Multiple Sclerosis

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michaelanthonynova

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Registered Member
Hello,

I am a CPT with 8 years of total service in the National Guard. I was recently diagnosed with MS but I was on state active duty when diagnosed. 3 lesions were found in my brain. In November of 2022 I was diagnosed with bells palsy while attending DINFOS at Fort Meade. My doctors said that the Bells Palsy was connected to my MS. I'm getting conflicting information on what will happen to me. Will I most likely be separated or medically retired? Thanks for the help!
 
michaelanthonynova said:
Hello,

I am a CPT with 8 years of total service in the National Guard. I was recently diagnosed with MS but I was on state active duty when diagnosed. 3 lesions were found in my brain. In November of 2022 I was diagnosed with bells palsy while attending DINFOS at Fort Meade. My doctors said that the Bells Palsy was connected to my MS. I'm getting conflicting information on what will happen to me. Will I most likely be separated or medically retired? Thanks for the help!
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If you have a LOD and rated 30% or higher on Federal Orders then you would be medically retired. You can't be medically retired if LOD was on state orders. Also, its possible the guard would determine the condition as Non Duty Related meaning you get discharged.
 
Provis said:
If you have a LOD and rated 30% or higher on Federal Orders then you would be medically retired. You can't be medically retired if LOD was on state orders. Also, its possible the guard would determine the condition as Non Duty Related meaning you get discharged.
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I only have an lod for the Bell’s palsy episode while on active duty. Which doctors state is tied to MS. Does that count?
 
Ironically I am an active duty CPT currently in the MEB for an MS diagnosis with three brain lesions as well and a spinal lesion. My MS rating was 30% (the minimum and retirement percentage) which I have been fighting to get increased. My MS is extremely active and affects my ability to walk. If they medboard you for MS you will be medically retired since MS minimum rating is 30%.

I believe you will need an LOD as well for the MS but you should join the veterans with Multiple Sclerosis MS Facebook group. The experts on MS claims are on there, and there are a lot of old posts similar to what you’re asking.
 
Brandon5 said:
Ironically I am an active duty CPT currently in the MEB for an MS diagnosis with three brain lesions as well and a spinal lesion. My MS rating was 30% (the minimum and retirement percentage) which I have been fighting to get increased. My MS is extremely active and affects my ability to walk. If they medboard you for MS you will be medically retired since MS minimum rating is 30%.

I believe you will need an LOD as well for the MS but you should join the veterans with Multiple Sclerosis MS Facebook group. The experts on MS claims are on there, and there are a lot of old posts similar to what you’re asking.
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How long have you been in? If active for 8 years the military considers everything service connected. A Guard or Reservist that has only been in 8 years is not afforded this benefit. I just want to clarify since its very much not a guarantee that he will be medically retired or separated with severance.
 
Provis said:
How long have you been in? If active for 8 years the military considers everything service connected. A Guard or Reservist that has only been in 8 years is not afforded this benefit. I just want to clarify since its very much not a guarantee that he will be medically retired or separated with severance.
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Provis thank you for the correction I meant to say I believe he should be medically retired if he gets an LOD, but after poking around on other threads I now realize how crazy the guard is with LODs/MEBs so no guarantee. I have been in 5 years active and was offered 30% PDRL.

I think you would be able to argue that the LOD encompasses the MS since that is what caused the bells palsy while on active duty orders. Really you should talk to a lawyer about what you would need to do to get medical retirement. It is a tricky situation and depends on how your lawyer can present it.
 
Good Morning,

I am a 20 year Navy Reservist (14 AC, 6 RC) and was diagnosed with MS, thoracic myleopathy, ruemetoid arthritis, and spinal stenosis in 2021. I've been working through the process for an LOD as I was on longer term (over 30 days) ADT orders when symptoms first presented. I have all the documentation but was recently denied LOD from the Navy stating that since MS has no known cause it cannot be attributed to LOD. I've been scrambling to find past precendence of servicemembers who have been granted LOD for MS or related symptoms. Any guidance on this would be most helpful.
 
@bmhostetler I would contact the Paralyzed Veterans of America for legal representation as they specialize in MS claims and should be able to assist you. Unfortunately many MS claims differ dramatically, and every story I have read has been different for how it has been service connected.

From what I have seen it would be best to have a neurologist sign a nexus letter stating "more likely than not" the symptoms first developed while on active duty orders, and to reference prior claims that have been service connected utilizing the seven year presumptive period (if diagnosed after your active duty orders). I have attached an example nexus letter from the Veterans with MS Facebook page. I have also attached a photo that discusses a case I would reference in your nexus letter on appeal for your LOD. https://www.va.gov/vetapp16/Files1/1603643.txt

This should help get you started, but I am not an expert on LOD claims. The PVA attorneys should be able to help tremendously, and I highly recommend you apply for membership and talk to them about what you should do to appeal. I know they mostly do service connection with the VA, but I would imagine they will be able to help with an LOD.
 

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