Injured In Service But Line Of Duty (Lod) Never Initiated

[rootbeer22]

Folks:

I need advice on a possible service connection or status? I was injured while in the Army with a Tank Main Gun Blast 105mm Accident in 1985 but a Line of Duty was never done or initiated in my case/or for the incident. However, it was reported to the Range Safety Officer who was in charge at the time? I have the SMRs that show I was clearly injured and treated for the injuries for the blast while in service. Consequently, an inexperienced mechanic from the battalion maintenance crew working on my M60 A3 Tank Firing System, caused the accident in the first place. The battalion maintenance crew was supposed to remove the firing pin before they started troubleshooting the secondary firing system that eventually malfunctioned causing the tank to fire unexpectedly? Also if there was an investigation, the Range Safety Officer would most likely have been the one held responsible for the incident? Unfortunately, I ended being in the front of the tank by the front end of the main gun barrel when a hang-fire 105 MM round went off which put me at the wrong place at the right time. I was injured significantly almost 30 years ago by the blast and it also ruptured my right eardrum, damaged my hearing and injured my head, neck and back. Also, it was clearly an accident an no willful intent to do anything wrong by anyone at the time?

So, again if there was never a LOD conducted by my chain of command and no investigations, either formal or informal at the time but the accident and the treatment clearly happened with good SMR evidence in my files. So does anyone have experience with seeing this type of thing before being classified as service connected or not in the past ? Today I saw something in the internet from a Legal Firm that supports Vet Claims that said if there was never an LOD and a soldier was clearly injured while in service, that there's a presumption that and incident like this "was in the Line of Duty then? From what I have found, it was not uncommon for LODs to have not ben initiated like this one.

[Berta]

Right... Thousands and thousands of vets never had a LOD.

I am glad you are confident in your SMRs because ,since 30 years have passed the VA will probably try to seek a post service cause for some of your problems.

"damaged my hearing and injured my head, neck and back" They will probably concede the hearing loss ( VA Fast letter 10-35)

but how soon after service did you get treatment for the other conditions?

Has that treatment been continuous since service and have you tried to obtain any Buddy statements if you need them?

does your discharge certificate support these injuries?

Do you have proof of the 'blast' incident?

[rootbeer22]

Berta:

As always thanks for your help....

Yes to all of that and it's clearly specified in my SMR records and within the proper timelines...not sure why an LOD was never done? I suspect, we were under a very heavy optempo in those days for Armor Tank Forces Trainig and spent most of my first three years living in/on my Tank with the Army either deployed or in the field. Consequently, the tank main power switch was off and this was partly a malfucntion and an error by a higher level maintenance crewman that caused the accident. later I found out during an MRI that some of my internal organs had been rearranged by the blast? Unforutnately, the blast aggravated injuries from a prior Tank incident from about about a year earlier. I still remember the speech by the Armor Officer Basic Course Command Sergeants Major. He said, "that your tank will love, protect you and kill your enemies, but also is capable of killing you as well -so respect it's power to kill both friend and foe alike? Appearently, I took a blast of somewhere beteween 5 to 10 lbs of pressure per square inches on my body which has proven to causes significant internal and external injuries. Actually, recently I sent a package to a well known ballistics lab to get a specific calculation of how much pressure hit my body.

Currently, my FDC claim is getting close to completion now and is in the Pending Decision Approval Stage? Based upon what I saw in the VA regulations, it should be fine but one never knows..what they'll come up with or if they will throw a curve ball?

Rootbeer22

[Buck52]

Did this happen in a war conflict? combat duty zone?

You need to get it SC by having a Dr to report it as his opine that Nosie Induced trama That over time caused your hearing to go bad based on Noise Induced hearing loss and it is least likely as not caused from the trama that you went through while in the military!

Submit a state license Audiologist IMO hearing test with Maryland CNA Speech Decimation with results.

rootbeer22 I had a lot of LOD injurys that were reported in combat zone but nothing I can find on them, either the officer I reported them to never wrote them down or lost them?? which sucks for me. I can't find my buddies from back then...so no proof.

jmo

................Buck

Edited April 15, 2015 by Buck52

[rootbeer22]

Buck52:

There's no question of proof that the accident occurred in or was treated in service..

I have all of the proof in my SMRs that detail, when, where and how the Tank blast happened as well the injuries that I sustained in service. Also, there's a nexus to my current injuries from the blast as well. Based on the Ballistic Blast Tables and a study done by the Army, the blast wave hit my body with a force of betweeen 5 to 10 lbs per square inchs which is very significant to cause injuries. Accordingly, I've provided evidence to a ballistics lab to do the exact math and give me a more specific numbers that I can use. My claim was already complicated, so I have not yet done a claim for TBI yet?

Also, the RO provided my "statement of support" about how the Tank Blast Accident occurred and the medical evidence to the doctors for the CP Exams anyway so they already seem to recognise that it happended in service. So, I guess my question is "will the lack of a LOD affect my claim in anyway" or does the evidence from the SMRs establist the SMR connection clearly anyway? There was never any informal or formal investigations at all but the records clearly show it happened. I was just concerned that I may get a "curve ball" because I'm close to getting my final disability ratings now. One "Vet Friendly" law firm that I found on the issue, said that if an LOD was not done but there's clear SMR evidence, and that it happend in service for the Vet, that there's a general belief that there's a basic presumption legally that the accident was/is in the Line of Duty? However, if there was an investigation, that the outcome would be used? So, I'm trying to find out if anyone in this forum has had any experiences with claims when an LOD was not done but there's still a clear history of treatment in service anyway?

Thanks, Rootbeer22

Thanks, Rootbeer22

[Buck52]

Dates on the SMR's Should be enough to prove your claim and that you were there when this happen.

you need to prove you have injury's from the event that happen on those dates.

I 'd say your headed in the right direction.

Buck

[rootbeer22]

Buck52:

As you say, it's about proof and I have that right now. I was just concerned about VA making somekind of judgement call as my service connection or ratings were almost done because an LOD was not initiated and wanting to know why? I was a very Junior Armor Officer at that point of my career and believe our optempo was so high that our training took the priority over everything else for the Chain of Command. The mentality was that when a soldier was injured, they just needed to "shake it off" and accomplish the mission...

Besides, unless a rater was at the accident first hand, it would be impossible to make a well educated call on what happend anyway in interms of anything not being done correctly or properly with any accident?

I hurt "all over" after the explosion and previous injuries were aggravated most but the key was the headaches, neck, and head trauma took it the worst. My right ear still does not clear pressure very well (flying is tough for me) and I lost some hearing in it as a result of the blast wave. The oddest thing is that I had an MRI recently in which we found that some of my internal organs were rearranged and we figured that it had to do with the blast?

Thanks, Rootbeer22