Posted on Dec 8, 2018
Injured while serving in National Guard with limited documentation. What are my options?
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About 5 years ago I injured both of my shoulders while serving in the National Guard. I went to two civilian doctors and received months worth of physical therapy, paid for entirely out of my own pocket. I never fully recovered and I have permanent bilateral rotator cuff damage. I can no longer take full advantage of things I once enjoyed (weight lifting and playing baseball) and daily tasks (putting on a shirt) have become painful. I’m curious about VA options.
Here’s where it gets tricky: I only served in the Army National Guard for three years without any active service aside from inital entry training. By the VA’s definition, I am not a veteran. Additionally, at no point during my service was I informed about properly documenting an injury through an LOD. I simply was never briefed. I now have everything documented through a well written testimony that includes time, date, details, and NCOIC present at the time. I can provide doctors records too. Furthermore, the injury was provoked by the NCOIC while enforcing and unauthorized exercise. What are my options and do I have enough for a case? Any advice is helpful.
Here’s where it gets tricky: I only served in the Army National Guard for three years without any active service aside from inital entry training. By the VA’s definition, I am not a veteran. Additionally, at no point during my service was I informed about properly documenting an injury through an LOD. I simply was never briefed. I now have everything documented through a well written testimony that includes time, date, details, and NCOIC present at the time. I can provide doctors records too. Furthermore, the injury was provoked by the NCOIC while enforcing and unauthorized exercise. What are my options and do I have enough for a case? Any advice is helpful.
Posted in these groups: 
Disabled Veterans
Department of Veterans Affairs (VA)
DisabilityVirginia ARNG
Disabled Veterans Department of Veterans Affairs (VA) DisabilityVirginia ARNG
Posted 6 y ago
Responses: 7
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SPC Zach Lockhart, you’re going to have a hard time with this. My first question is were you on your weekend drill or your AT. Were you on duty? What unauthorized exercise? Was it documented on any military record and will your NCOIC verify the incident?
Do you have any other witnesses that will attest to this? What type of discharge did you receive?
If you want, you can message me and I can help you get a starting place and some VA advice.
Unfortunately, the VA road may be a hard one to get you on with no active Title 10 service except for BCT and AIT.
COL Mikel J. Burroughs LTC Stephen F. SFC Joe S. Davis Jr., MSM, DSL Lt Col Charlie Brown
Do you have any other witnesses that will attest to this? What type of discharge did you receive?
If you want, you can message me and I can help you get a starting place and some VA advice.
Unfortunately, the VA road may be a hard one to get you on with no active Title 10 service except for BCT and AIT.
COL Mikel J. Burroughs LTC Stephen F. SFC Joe S. Davis Jr., MSM, DSL Lt Col Charlie Brown
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SPC Zach Lockhart
Thank you for responding, SGT. From beginning til end: Weekend drill, yes on duty, believe it or not the exercise was >1000 overhead arm claps (not even a good story), no military documentation (however I did bring this up during a separate investigation on my unit’s leadership), and I doubt the NCO has the integrity nor the memory to recall the incident.
Finding witnesses could be difficult. I did received an Honorable Discharge.
I agree, with such limited service this could be a hard fight. I’ve thought about a civil lawsuit but I honestly don’t want go down that path.
Finding witnesses could be difficult. I did received an Honorable Discharge.
I agree, with such limited service this could be a hard fight. I’ve thought about a civil lawsuit but I honestly don’t want go down that path.
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SGT Michael Thorin
SPC Zach Lockhart, this may not be much help, but here is the VA site for eligibility. It will at least help you see where you stand.
https://www.va.gov/healthbenefits/resources/publications/hbco/hbco_basic_eligibility.asp
If you have good documentation then the civil route may be your only option. It would be more of a “workman’s comp” type claim than anything else, I believe.
Unfortunately, everything past the info on VA eligibility is just me guessing, so please see if you can get some better advice on that information.
I know this doesn’t help much, but if I see anything else that could help I’ll leave it here.
https://www.va.gov/healthbenefits/resources/publications/hbco/hbco_basic_eligibility.asp
If you have good documentation then the civil route may be your only option. It would be more of a “workman’s comp” type claim than anything else, I believe.
Unfortunately, everything past the info on VA eligibility is just me guessing, so please see if you can get some better advice on that information.
I know this doesn’t help much, but if I see anything else that could help I’ll leave it here.
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Question: Did you get an LOD investigation completed? If not, get one from your unit initiated ASAP. Get that and copies of all military and civilian medical documents to include sick slips and sworn witness statements from military members who can attest to your injury. Then get a veterans organization rep (VFW, AMVETS, State Veterans Affairs or DAV rep) to help you file your VA claim. Don’t do it yourself...you will miss something or not complete it properly. Used professional assistance from experienced help.
Hope this helps.
Hope this helps.
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COL Dana Hampton
Can they - yes. Will they is a different question. When a person is discharged, the military does have the same obligations as to a servicing member. That’s why it is critical, at any injury or illness in IDT status is documented throughly at the time and an LOD investigation done to establish whether it occurred in the line of duty. The fact that doesn’t appear to have been done is a fault of the chain of command and the service member for not following up to ensure it was done. The service member may not have been aware of the requirement to complete an LOD, but the chain of command sure would have been. When I was a battery and battalion commander, LODs were constantly monitored and scrutinized by our higher HQ constantly. It was command reportable readiness information that I had to monitor. Still things slipped and had to be addressed. In my own case, after a deployment the unit had to complete an LOD that was missed handled (never completed) for almost 2-years after I demobilized from Active Duty.
Witness statements and medical records will be the key to the success of an claim he has at this point. I definitely recommend he seek experienced assistance in putting together any support documents for a claim to the VA. SSG Laurie Mullen
Witness statements and medical records will be the key to the success of an claim he has at this point. I definitely recommend he seek experienced assistance in putting together any support documents for a claim to the VA. SSG Laurie Mullen
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This is a sticky situation and I am sorry you are going through it. As the COL and SGT before me stated, it is going to be a tough road, especially with the change in the LOD process so that you have a limited amount of time to report the injury.. if you reported this injury at the time, you may need to see about getting sworn statements from everyone. Good luck
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