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My son is currently in the Air Force Reserves (3 yrs). He…

Hello, my son is...

Hello, my son is currently in the Air Force Reserves (3 yrs). He deployed to Kuwait last January. While there, he was diagnosed with Type 1 diabetes two months into his deployment. He was sent back home. He filled out all required paperwork, then received a notice he was put on a no pay/no points status. I have contacted the base numerous times; however, we are either ignored or told his case has been forwarded for review to determine line of duty.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

At this point it has been a year. He went to pick up his prescription for insulin yesterday and was told he was no longer covered by TriCare. We cannot seem to get any help from the base. He is assigned to Dobbins ARB in Marieatta GA.

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes, multiple times. I have talked to multiple people in Medical, and I sent an email last week to the Colonel in charge at medical. To my surprise she has not sent anything back to me or responded at all. It's as if they have just abandoned him to fend for himself.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I really just want to know what benefits and rights he has. He was never sick, and deploys overseas and gets type 1 diabetes, loses his income, and literally gets nothing but the run-around from everyone on base. No-one is helping to guide him through next steps etc.

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Answered in 4 hours by:
3/12/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,459
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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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I am sorry for this dilemma. But not sure I understand your specific question. What is the status of the LOD (line of duty investigation)? Do you know?

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Customer reply replied 4 months ago
He has been waiting for a year as of yesterday for MEB and LOD determination. All paperwork was completed in a timely manner and we are still waiting for a response. Last response was in November last year stating his case was being sent to HQ with nothing further from the base at this point. My primary question is how could there be any question as far as LOD if he had been in the military over a year at that point, went through pre-deployment evaluations, received his vaccines to deploy and then two months into an active deployment develop Type 1 diabetes? For them to be telling us they are trying to determine if this is LOD is crazy to us. For the last year, he has been no pay/no points and no contact coming from anyone on base to assist with the process, updates, etc. Pretty disheartening to think a kid goes to serve his country, was an honor graduate in basic training, completed the fire academy in tech school, deploys with his flight and is now being treated like he never existed as far as the military is concerned. Through our own research, we determined that typically a type 1 is medically discharged at 20% VA rating with a severance if in theater at the time, which he was. If he was active overseas, the severance would not need to be repaid and VA benefits would then kick in. Is this correct?

Wait...did the MEB/PEB come back with findings? You state that this was both LOD and MEB. THe way it typically works is the LOD is first, then they run the MEB/PEB. What is the MEB status? DId they recommend retirement/separation?

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Customer reply replied 4 months ago
We have heard nothing back at this point on either. Multiple calls and emails to chain of command at Dobbins has gotten us nowhere. No LOD determination that I know of at this point. In November, which is the last time I spoke with someone at medical, they advised his case was being sent to HQ for review. At that time, they mentioned it would be evaluated, sent to the MEB and then a PEBLO would be assigned. We have heard nothing since, 3 1/2 months now since that meeting. Is over a year normal for an LOD determination, particularly one that seems as cut and dry as this one?

Thanks...that helps...one more...has he applied for VA compensation yet? IF not, why not?

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ALso, if you woudl like to speak on the phone, I will send that offer (may help you get the information you want a bit easier). The cost is nominal ($5 additional)

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,459
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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Thank you for using the phone option. Please give a call (or let me know if you can not see my #)

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