Thanks GSFOWLER, I’ve been told numerous times by my state if I didn’t have a National Guard LOD for a condition it would not be considered. In my case the fibromyalgia is a presumptive of my Desert Shield / Desert Storm service as is my IBS. My sleep apnea is a result of my medications from my presumptive conditions. Hopefully they consider everything and not just the PTSD / anxiety for which I have an open, valid LOD.
What you have been told is correct. For all NG/Reservist soldiers, you must have a LOD for a condition to be submitted to the MEB.
It can be difficult to get a LOD from the State, as they must conduct an investigation to show that the condition did occur, or was aggravated while you were entitled to active duty pay.
I agree with the course of action that they are submitting you for conditions related to MST, as this will get the most/best attention. It is also the easiest key to unlock the door to the MEB.
Please do not take this as a negative, but presumptive conditions are only related to the VA rating, and may not be accepted by the NG as unfitting.
When you get off of active duty, you complete a post deployment health assessment for any injuries or illnesses that have occurred while you were entitled to active duty pay during that period of orders.
Sleep apnea will not be considered an unfitting condition. Fibromyalgia may be considered unfitting, however the condition must have either occurred (showed signs of symptoms) or was aggravated (worsened) while you were entitled to active duty pay.
This is what I believe will take place in your case. You will get special attention due to the MST. If you so desire, you will be found unfitting for and anxiety related disorder (which may be PTSD, GAD or CAD). Depending on the severity of the condition, you will more than likely be medically retired.
Most of the MST related PTSD/Anxiety cases that I have seen result in a rating of 50% to 70% which would be greater than the 30% threshold for medical retirement.
All of the conditions that you claim to have occurred while you were on active duty will be rated by the VA, presumptive conditions are easier to get service connected for, as you do not need direct evidence that the condition started while you were on active duty, but basically you have the condition based on being in a certain area.