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I was a MSgt on my two weeks active duty. I lived 45 min

Customer Question
from SAFB. My orders stated...
I was a MSgt on my two weeks active duty. I lived 45 min from SAFB. My orders stated member will not commute. I hyper extended my knee so I went home to get my crutches. When I went home as I entered my home my knee went out and I fell and hurt my back. Since my orders stated member will not commute I material deviated from my orders and my injury was not covered even though I had 10 years active duty and 8 years reserves. I now only have the same benefits that a person that was in two years with a honorable discharge.
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: I have been trying to get service connection since 1994. I hired a Lawyer but he was terrible and kept sending in things that weren't pertinent to my case. I had a LOD in my favor but it was sent back from Denver for a signature. When it came back another lawyer found this loophole and I was denied
JA: Are you overseas or stateside?
Customer: Stateside
JA: Anything else you want the lawyer to know before I connect you?
Customer: I originally injured my back in 1974 on active duty and it bothered me off and on throughout the years. This is in my medical records. I just was denied again a few days ago. I even had my boss Col Robert Cohen DMD write a letter that he remembered that I had back problems.
Submitted: 3 months ago.Category: Military Law
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Answered in 2 minutes by:
8/3/2017
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,238
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

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Customer reply replied 3 months ago
I was on my 2 weeks active duty when this happened. I could go anywhere I wanted after duty I wanted except home 45 min away. Since my orders said member will not commute. If this injury would have happened at my neighbors house it would have been ok. I could by groceries in the commissary but couldn't take them home because my orders said I couldn't commute.
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

So did they run an LOD on this? And the LOD said you were "not in line of duty"?

Is that correct?

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Customer reply replied 3 months ago
The investigating officer said it was in the line of duty. It was all approved and was sent to Denver. It was returned for a signature. A new lawyer decided to overturn it since I material deviated from my orders
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

So the final LOD is not in line of duty?

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

THanks
So what is the VA saying about this?

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Customer reply replied 3 months ago
They said a few days ago since I deviated from my orders it is not covered.
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

thanks
So what is your question today? Are you asking how to appeal the denial of your claim?

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Customer reply replied 3 months ago
I have appealed it many times throughout the years. I just want to know is that a correct interpretation of my orders. The investigating officer felt it just meant that they would only pay me for one round trip. Not that I couldn't go home. If I would have visited a neighbor and this would have been ok. Since I went home I deviated from my orders. I want to know if it would be worth getting a lawyer to fight this or give up.
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

The problem is the LOD...that LOD claiming that this was not in the line of duty is evidence the VA can use to deny your claim.

If the goal is to connect this to your service? Honestly, you need to get the LOD changed. Possible? Perhaps...though not easy.

You would need to file a request with the board of corrections and prove that you were in a duty status...and getting the board of corrections to act on this would be an uphill battle, to say the least.

Possible? Sure. But not likely

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 3 months ago
That helps. I haven't tried that. I was on my two weeks active duty and I was on call with a beeper if there was any problems at the student dorm I was in charge of. I would pull call for the active duty people. I had authorization to do this from my commander. You could go anywhere as long as you could call and then be there within an hour if it was a big problem. I could be there in 45 min. Who do I need to contact to try to get this changed. Thank you for your time
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Which service were you with? Army? Marine Corps? AF?

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Customer reply replied 3 months ago
Do I need to get a Lawyer to do this
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Yes...a lawyer is a good idea...which service were you in?

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Master Sergeant, which service were you in?

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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,238
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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