Alex Secures $115,161.90 for National Guardsman with a Back Injury and Tinnitus

Army National Guardsman Drill Injury

This veteran served in the Army National Guard and claimed a lumbar spine and tinnitus injury. The record also reasonably raised the issue of bilateral lower extremity radiculopathy. While on active duty for training during his annual two-week drill period, he engaged in wargames drills as an anti-armor weapons infantryman. The Veteran was injured while reloading a 75-pound anti-tank TOW missile into a HMMWV vehicle within the line of duty. He felt immediate pain in his lower back during an awkward twisting movement. He also argued that he developed ringing in the ears from being exposed to loud TOW missile explosions and artillery blasts without adequate hearing protection.

The Department of Veterans Affairs denied his claims because it could not corroborate that the in-service events occurred and it did not have a doctor's nexus opinion to conclude that the claimed in-service events caused his current disabilities.

Since National Guardsmen and Reservist are not on active duty 100 percent of the time, a crucial first step is to show that the Veteran qualified for benefits in the first instance. Under certain circumstances, VA will consider a National Guardsman a veteran entitled to compensation if that person had “active duty for training.” 38 U.S.C.S. § 101(24)(B). Further, to be entitled to compensation, “the individual concerned [had to have been] disabled or died from a disease or injury incurred or aggravated in line of duty” during that period of active duty for training. 38 U.S.C.S. § 101(24)(B). Thus, as a National Guardsman, to be a veteran entitled to compensation based on active duty for training, the person must also be able to qualify for service-connected disability compensation by being injured. See Paulson v. Brown, 7 Vet. App. 466, 470 (1995).

The Veteran secured Alex to represent him at a hearing before the Board of Veterans' Appeals (Board). Alex developed testimony from the Veteran regarding the Guard's orders calling him to active duty for training for the drill period, the in-service event during the line of duty, his treatment post service, the lack of additional injuries post service, and his current limitations. Within 90 days after the hearing concluded, Alex submitted lay statements from the Veteran's service members and the Veteran's former employer to corroborate the in-service event and the lack of post-service injuries. Also submitted, activitie duty for training payment logs. Alex also submitted a medical nexus opinion from a hired medical expert to provide the nexus competent with this Veteran's claim.

After a review of the hearing testimony and the newly submitted evidence, the Board found that all injuries occurred within the line of duty during an active duty for training period. The Board then reversed the VA's denial and granted this Veterans' claims for a lumbar spine condition, reasonably raised bilateral lower extremity radiculopathy, and tinnitus with an effective date going back to 2016 when he originally filed his claims.

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