Read This if You Have Been Denied LOD Initiation or Had NGB Find Your Condition NILOD!

thizzle29 said:
I work on a naval base, but not directly with Naval Reservists. I know some of them and, of course, during the scopes of my duties work with them, but we dont work 'directly' together. I hope that answers your question. Let me know if it doesn't and I'll try to clear it up more...
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I notice you mentioned Military Technician Dual Status. I studied it a bit and it opened my eyes.

10 USC 10216: Military technicians (dual status)
(dual status) of the Army and Air Force reserve components,

That program never made it to the Navy Reserve when I was in 1994-2002. I still don't think the Navy has adopted this. I believe it would have been a great program and would have changed my life. If I could of been given a civilian job with pay and benefits, to support the ship and get more experience with the crew weekly imagine how I would have been better off.

I was assigned to an active duty combat ship with part time pay and benefits, from the jump, 18 years old, sent home broke, a mess, to try to find a place to live and get food, unable to stay on the ship and decompress with the full time crew, when your orders ended every month.
I tried to transfer to the Army to get out of it.

Moreover, as described in Hassay I, it is unclear whether the Army’s decision to disqualify Mr. Hassay was based on his perceived mental fitness as opposed to physical ailments. See Hassay I, 150 Fed. Cl. at 482 (observing that the “failure code” assigned to Mr. Hassay read “SPINE, OTHER MUSCULOSKELETAL/Psych left open”); AR Vol. VI at 223, ECF No. 12-6. And in any event, Mr. Hassay was unable to show that the Navy even had notice of the Army’s determination. AR 2282 & n.4.

When I was brought to the VA years later by another veteran, the VA fought and denied me on literally everything and stopped health care because I had a reserve enlistment.

Even the BVA Federal Judge instantly identified something "Unique". Assigned to a ship and no DD 214 which really screwed me at the VA obviously the Navy completely disowned me and does not see how they

BVA TRANSCRIPT
Marjorie Auer, Judge
“Well, Mr. Hassay has a unique file. I have to
say, he was a Reservist, but he did do time while he was a Reservist on a ship, but after
thoroughly -- I couldn't find a DD214 but he has a certificate of some sort it looks like of service”

Unique as in rare, unusual, and a injustice not to even get a dd 214, or get reviewed for disability at discharge

Now I am trying to get help to correct my records and get my benefits corrected with the correct effective dates.
I am looking for work arounds in either the Navy Army DOD world as I know this is a unique situation possibly

Here is a Navy Board statement in my case that won't mention anything "unique" or a injustice to fix.
I believe fixing my Navy records would fix my VA records as they both are interrelated in the medical discharge process, if it would of happened.

“Certainly, your experience onboard the U.S.S. SIDES was an injustice and your resulting
mental health conditions are a tragedy. There simply is no injustice in the fact that you did not receive a medical
retirement as a result of your conditions, because your conditions never warranted referral to the
DES much less rendered you unfit for continued service. The Board also found no equitable
basis for relief in your case. In determining what constitutes equity, the Board is obligated to
consider not only what you should receive, but also what other similarly situated service
members are entitled to receive. The Board determined that no other similarly situated service
member would have been referred to the DES at the time even with the facts as they are now
known, nor would anyone be retroactively medically retired based upon similar facts.
Accordingly, the Board determined that there is no basis for relief based on equity. The Board
continues to regret the experience that you endured during your service onboard the U.S.S.
SIDES and the long-term effect that it has had upon your mental health. Finally, the Board member
recognized that you continued to serve the Navy honorably despite the trauma that you endured
onboard the U.S.S. SIDES. That, however, is the point. Medical retirements are intended only
for those service member unable to continue providing such honorable and effective service due
to a disqualifying medical condition. The Board regrettably found no basis to grant you the
medical retirement that you were never qualified to receive”

Any help or support or conjecture would be appreciated
 
seaairmariner said:
I notice you mentioned Military Technician Dual Status. I studied it a bit and it opened my eyes.

10 USC 10216: Military technicians (dual status)
(dual status) of the Army and Air Force reserve components,

That program never made it to the Navy Reserve when I was in 1994-2002. I still don't think the Navy has adopted this. I believe it would have been a great program and would have changed my life. If I could of been given a civilian job with pay and benefits, to support the ship and get more experience with the crew weekly imagine how I would have been better off.

I was assigned to an active duty combat ship with part time pay and benefits, from the jump, 18 years old, sent home broke, a mess, to try to find a place to live and get food, unable to stay on the ship and decompress with the full time crew, when your orders ended every month.
I tried to transfer to the Army to get out of it.

Moreover, as described in Hassay I, it is unclear whether the Army’s decision to disqualify Mr. Hassay was based on his perceived mental fitness as opposed to physical ailments. See Hassay I, 150 Fed. Cl. at 482 (observing that the “failure code” assigned to Mr. Hassay read “SPINE, OTHER MUSCULOSKELETAL/Psych left open”); AR Vol. VI at 223, ECF No. 12-6. And in any event, Mr. Hassay was unable to show that the Navy even had notice of the Army’s determination. AR 2282 & n.4.

When I was brought to the VA years later by another veteran, the VA fought and denied me on literally everything and stopped health care because I had a reserve enlistment.

Even the BVA Federal Judge instantly identified something "Unique". Assigned to a ship and no DD 214 which really screwed me at the VA obviously the Navy completely disowned me and does not see how they

BVA TRANSCRIPT
Marjorie Auer, Judge
“Well, Mr. Hassay has a unique file. I have to
say, he was a Reservist, but he did do time while he was a Reservist on a ship, but after
thoroughly -- I couldn't find a DD214 but he has a certificate of some sort it looks like of service”

Unique as in rare, unusual, and a injustice not to even get a dd 214, or get reviewed for disability at discharge

Now I am trying to get help to correct my records and get my benefits corrected with the correct effective dates.
I am looking for work arounds in either the Navy Army DOD world as I know this is a unique situation possibly

Here is a Navy Board statement in my case that won't mention anything "unique" or a injustice to fix.
I believe fixing my Navy records would fix my VA records as they both are interrelated in the medical discharge process, if it would of happened.

“Certainly, your experience onboard the U.S.S. SIDES was an injustice and your resulting
mental health conditions are a tragedy. There simply is no injustice in the fact that you did not receive a medical
retirement as a result of your conditions, because your conditions never warranted referral to the
DES much less rendered you unfit for continued service. The Board also found no equitable
basis for relief in your case. In determining what constitutes equity, the Board is obligated to
consider not only what you should receive, but also what other similarly situated service
members are entitled to receive. The Board determined that no other similarly situated service
member would have been referred to the DES at the time even with the facts as they are now
known, nor would anyone be retroactively medically retired based upon similar facts.
Accordingly, the Board determined that there is no basis for relief based on equity. The Board
continues to regret the experience that you endured during your service onboard the U.S.S.
SIDES and the long-term effect that it has had upon your mental health. Finally, the Board member
recognized that you continued to serve the Navy honorably despite the trauma that you endured
onboard the U.S.S. SIDES. That, however, is the point. Medical retirements are intended only
for those service member unable to continue providing such honorable and effective service due
to a disqualifying medical condition. The Board regrettably found no basis to grant you the
medical retirement that you were never qualified to receive”

Any help or support or conjecture would be appreciated
Click to expand...
I apologize brother as I personally have no words for the shit you went through and are still going through. I assume that you have exhausted any and every avenue that I would have and did. All I would be doing is referring you to those same steps and groups/organizations that you've probably heard of a thousand times over...
 
thizzle29 said:
I apologize brother as I personally have no words for the shit you went through and are still going through. I assume that you have exhausted any and every avenue that I would have and did. All I would be doing is referring you to those same steps and groups/organizations that you've probably heard of a thousand times over...
Click to expand...
Bro thanks for reading and replying. I am looking for work arounds. It seems that someone like you, and others who I did not pay, can see something is wrong here, and I would have benefited from some support. Now I am asking for that support I missed. I am legally able to make that request. Now you see the responses. I post these responses.

I mean literally how can the board, who is there to fix injustice and error, state this in the same paragraph, 2 different forms of injustice, in confusing statements, to deny support, the most important thing that is relevant in any person who puts a uniform on.


“Certainly, your experience onboard the U.S.S. SIDES was an injustice and your resulting
mental health conditions are a tragedy. There simply is no injustice in the fact that you did not receive a medical
retirement as a result of your conditions, because your conditions never warranted referral to the
DES much less rendered you unfit for continued service.

Then The court says this to confirm you had no. information upon discharge

"The Court is also not persuaded by the government’s argument that Mr. Hassay’s claim for disability retirement accrued when he was discharged because at that point he had “sufficient actual or constructive notice of his disability, and hence, of his entitlement to disability retirement pay.” Chambers, 417 F.3d at 1226 (citing Real v. United States, 906 F.2d 1557, 1562 (Fed. Cir. 1990)); see Def.’s Mot. at 7–10. As the court of appeals has explained, this exception to the first competent board rule applies where a service member “knew [at the time of discharge] that he was entitled to disability retirement due to a permanent disability that was not a result of his intentional misconduct and was service-connected.” Chambers, 417 F.3d at 1226. "


I am trying to learn about what one learns and is notified in when they go through the DES even if found FIT, and allowed to get to the end of contract and a honorable discharge?

I am wondering if these statements alone would help me get my VA benefits corrected with the proper effective date, as I would of applied, if I was made aware and given "“sufficient actual or constructive notice of his disability, and hence, of his entitlement to disability"

I am not even a lawyer but it makes sense logically. Why is the government fighting me?
 
Update- 30 June I received the updated IPEB with 70% for my PTSD. On 17 July, I received my retirement orders from the Air Force. Effective 31 July, I'm being placed on the Temporary Disability Retired List (TDRL) for 18 months. Today (22 July), I just signed my 2656 for the initiation of my pension. I'm sure it'll take about 2 months for me to get the first monthly check.

Because I'm a dual-status technician and I no longer have my mil status, my last actual workday is 28 August.

I am applying for my federal disability retirement with them. Paperwork is already on standby waiting for HR to give me the word.

Thank God for my 100% P&T VA check (minus the debt money), so we'll see how things look.
seaairmariner said:
Bro thanks for reading and replying. I am looking for work arounds. It seems that someone like you, and others who I did not pay, can see something is wrong here, and I would have benefited from some support. Now I am asking for that support I missed. I am legally able to make that request. Now you see the responses. I post these responses.

I mean literally how can the board, who is there to fix injustice and error, state this in the same paragraph, 2 different forms of injustice, in confusing statements, to deny support, the most important thing that is relevant in any person who puts a uniform on.


“Certainly, your experience onboard the U.S.S. SIDES was an injustice and your resulting
mental health conditions are a tragedy. There simply is no injustice in the fact that you did not receive a medical
retirement as a result of your conditions, because your conditions never warranted referral to the
DES much less rendered you unfit for continued service.

Then The court says this to confirm you had no. information upon discharge

"The Court is also not persuaded by the government’s argument that Mr. Hassay’s claim for disability retirement accrued when he was discharged because at that point he had “sufficient actual or constructive notice of his disability, and hence, of his entitlement to disability retirement pay.” Chambers, 417 F.3d at 1226 (citing Real v. United States, 906 F.2d 1557, 1562 (Fed. Cir. 1990)); see Def.’s Mot. at 7–10. As the court of appeals has explained, this exception to the first competent board rule applies where a service member “knew [at the time of discharge] that he was entitled to disability retirement due to a permanent disability that was not a result of his intentional misconduct and was service-connected.” Chambers, 417 F.3d at 1226. "


I am trying to learn about what one learns and is notified in when they go through the DES even if found FIT, and allowed to get to the end of contract and a honorable discharge?

I am wondering if these statements alone would help me get my VA benefits corrected with the proper effective date, as I would of applied, if I was made aware and given "“sufficient actual or constructive notice of his disability, and hence, of his entitlement to disability"

I am not even a lawyer but it makes sense logically. Why is the government fighting me?
Click to expand...
They fight you because, like insurance companies, they don't want to pay us, even though, unlike insurance companies, they're not a for-profit company operating with for-profit mentalities...
 
nomad_romad said:
I need your help!!!! If you look at my prior posts on this forum you can see what I have been up against the last 3 years with my Wing/NGB/ANG. I have been fighting relentlessly along with a group of other dedicated people. These include Retired/current Fighter Pilots, TACP, and Special Tactics folks. Recently we have been making a lot of ground.

Here is where I need your help. If you have been denied LOD initiation by your Wing or Battalion, for that matter any Guardsman or Reservist in any branch, then now is your chance to be heard. Due to our efforts we have the direct ear of Lt. Gen Davis and the Honorable Mr. Storcher of the SAF IG. His office is actively seeking complaints for violations of law and policy in respect to LODs. He is personally investigating this. Also through the bro network, we have a direct line to Rep. Anna Luna. She is on the House Oversight Committee, and she is a former USAF and ANG vet. Her husband is in Special Tactics. She is opening an inquiry as well through the House Oversight Committee. Lt Gen Davis' aid has personally reached out to me to ask that more people come forward.

What I need from you is to file a Reprisal Whistleblower complaint with the DOD IG. We have argued that this corruption is NGB wide. The violations of law and policy are willful and intentional. The complaint form that I will link is a little lengthy, but this is our shot to right wrongs and injustices. In the form you add people who you have had contact with that you made aware of your conditions, or that you made aware of violations. In the next section you list what reprisal action was taken against you. In most cases the reprisal action would be willful denial of LOD initiation that denied due process as well as pay, benefits, and treatment. If NGB overruled a finalized LOD, the reprisal is the same. It is a violation of law and policy to overrule a finalized LOD. Therefore, once again denying pay, benefits, and treatment. If you appealed a NILOD finding and were not provided a reason the reprisal is arbitrary and capricious abuse of discretion.

Please, I implore you to take the time and file the complaint. If anyone has any questions or needs help, I am available. I will monitor this thread to provide assistance. NGB underestimated the determination and conviction of a bunch of Special Warfare bros, and we are finally able to take the fight to them and turn the tables.


@Jason Perry
Click to expand...
Hello Sir,

I want to be part of this push. Maybe I need to tweak the "Reprisal Whistleblower complaint with the DOD IG"?

I was never reviewed for LOD In service. I should have been.

This reserve story shows things that need to be identified for improvement.

The Navy was really troubled with some ideas to start a Navy reserve program I joined and they shut down.

A veteran found me and took me to the VA. I told my Navy Reserve story, which included an attempt to transfer to the Army to get out of it for good reason. you will see below. I was awarded service connection. I went back to the DOD for to change my honorable to a medical discharge. I was never reviewed for LOD in service.

https://apps.dtic.mil/sti/pdfs/AD1123246.pdf
Evolution of the Military's Current Active-Reserve Force Mix
August 2015
INSTITUTE FOR DEFENSE ANALYSES

the Navy initiated the Sea/Air Mariner (SAM) program to attract new recruits to the Naval Reserve by offering tuition assistance. However, this program proved unsuccessful because its benefits and 6-year obligation compared unfavorably with Army and Air Force programs.66


-----------------------------This is what the government is saying to keep me from getting benefits of a LOD for these conditions listed, below. Because I tried to transfer out of this SAM program referenced above, as I was getting injured, and no one was caring. The Air Force and Army do things better that report above stated. The BVA found I did not even get a dd 214

BVA TRANSCRIPT
Marjorie Auer, Judge
REPRESENTED BY DAV MR. EVANS:

“Well, Mr. Hassay has a unique file. I have to
say, he was a Reservist, but he did do time while he was a Reservist on a ship, but after
thoroughly -- I couldn't find a DD214 but he has a certificate of some sort it looks like of service”

---------------

Certainly, your experience onboard the U.S.S. SIDES was an injustice and your resulting
mental health conditions are a tragedy. There simply is no injustice in the fact that you did not receive a medical
retirement as a result of your conditions, because your conditions never warranted referral to the
DES much less rendered you unfit for continued service.

-----------

On 21 September 1997, while assigned to the U.S.S. SIDES, you executed an Annual Certificate
of Physical Condition...You wrote on this form that, “sometimes, if I worry, or something I feel stress in my
heart and down to my left hand and I don’t like it,” but did not provide any further explanation.

-------------

There is no evidence in the record to support the assertion that Mr. Hassay
applied for an “inter-service transfer to the United States Army.” Id. Instead, the record indicates
that Mr. Hassay simply sought to enlist in the Army while serving in the Navy Reserves. AR255.
Mr. Hassay claims that there is a lost DD Form 368—the form that would initiate an inter-service
transfer—and that the Navy has failed to locate it. Pl. MJAR at 23. However, that argument
assumes—without any contemporaneous evidence—that Mr. Hassay in fact asked his commanding
officer for a transfer. The BCNR is not an investigative body, 32 C.F.R. § 723.2(b), and Mr.
Hassay has the burden to show the existence of error or injustice, id. § 723.3(e)(2).

Moreover, regardless of whether the Navy was aware or should have been aware in 1998
that Mr. Hassay had been denied enlistment in the Army, the Army’s examination did not provide
any additional information pertaining to Mr. Hassay’s psychological conditions. While it is true
that Mr. Hassay did not meet the standards to enter the Army, the report from the USMEPCOM
medical examination indicates that the Failure Code for Mr. Hassay was: “36 – SPINE, OTHER
MUSCULOSKELETAL/ Psych left open.” AR255 (emphasis added). This shows that Mr.
Hassay was denied enlistment in the Army based on a spinal or other musculoskeletal condition,
but that the examining physician did not provide an analysis of Mr. Hassay’s psychological
condition. Id. Accordingly, the USMEPCOM did not make any finding concerning a
psychological disability where the record explicitly indicates that such a determination was “left
open.” Id.
 
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