Do I require a new LOD for re-injuring my knee, or should I go to the VA for continued care?

2018-02-10T12:07:41-05:00

Response by MAJ Private RallyPoint Member made Feb 10 at 2018 12:13 PM

2018-02-10T12:13:50-05:00

Tore ACL active duty 1996, separated in 1998 with VA determination as LOD and 0 % rating at the time. re-joined reserves in 2013, tore the ACL again on drill weekend during unit PT. unit initiated a new LOD, I received care at local MTF, numerous surgeries failed, now having difficulty getting into to MTF due to LOD not completed correctly. Now unit is saying I shouldn't have an LOD, I should have just gone to the VA for care. So they are not doing the LOD anymore. I have been waiting for LOD so they can conduct a medboard, but now the unit is saying it does not require a new LOD, but the case manager says it does. Does anyone know the actual policy regarding a previous LOD, reinjured during a drill weekend? now complications are I had donor graft from right knee into my left ACL and both knees are an issue now. Thank you in advance for tour assistance.

Response by LTC Kevin B. made Feb 10 at 2018 12:28 PM

2018-02-10T12:28:58-05:00

What exactly is your question?

Response by SPC Mike Lake made Feb 10 at 2018 1:19 PM

2018-02-10T13:19:01-05:00

As long as it's in your service records on active duty u can always get it reevaluated with the VA and get a higher rating I suggest talking to a good VA Rep that knows the system and can help u thru the BS and red tape

Response by LTC Private RallyPoint Member made Feb 10 at 2018 5:07 PM

2018-02-10T17:07:14-05:00

It depends
LOD will require you to sign a statement saying it happened while on duty. Did it?how about the primary injury?
So VA determination is separate from reserve/NG LOD. They are separate so don’t confound the two. Both seek to determine the connection between duty - Service related and injury but VA has a more liberal interpretation depending on the type of service ie legnth, combat tours etc. LOD looks at each injury from one lens: related to a specific injury related to a specific event in time. Having prior LODs regardless of outsome (0%) can help build a case particularly if there is a clear surgical lesion and clear Sevice related injury now.

Response by LTC Private RallyPoint Member made Feb 10 at 2018 5:08 PM

2018-02-10T17:08:27-05:00

And get Care where ever you can and worry about how it is defined as a long term goal

Response by MSG Private RallyPoint Member made Feb 11 at 2018 2:53 AM

2018-02-11T02:53:32-05:00

Did you re injure it while on duty? Then Yes.
Were you doing something inappropriate while on duty to reinjure it? Then No.
And as far as the VA.... you like your leg? right?

MSG B