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.

[TALON II FE]

More recently, at least in the AF, LOD's have only been conducted when their was a suspicion of wrongdoing or they were trying to burn someone. For example, someone gets in an accident in their POV and is not wearing their seatbelt and sustains injury or death. They use the LOD as a way to refuse payment for treatment or to refuse compensation to survivors due to negligence if alcohol was involved. Report of Surveys were for lost or damaged equipment or gear. Basically, they were both used to establish culpability and financial responsibility. During Bosnia, when we were shutting down the Predators for a couple months in the winter at Kaposvar, we mass located our A, B and C bags in one of the clam shells to be palletized and shipped back separately. No room on the C141 we were returning in, we already had 3 predators in their 'coffins' as well as our tool crib along with personnel and they were getting us home before xmas so they could manufacture a PR event. Long story short, one of my bags didn't make it home. After many accusations directed at me, etc, a Report of Survey was initiated and came back favorably for me showing where the junior officer in charge of the 'custodial crew' told people who did not bring proper gear with them to "dig thru the bags and find what they needed there". it went away. The strangest part of all, to me, is they refused to take back any of the gear afterwards because the one bag was missing. Over the next 18 years of service, I dragged those bags, chem gear, extreme cold weather, etc. around the world with me every PCS and they are still in my garage today. I never could get anyone to take them and restock them and I still have them in my garage to this day.

[msattler]

Rootbeer my original claim for my injury was denied the ro sent me a letter asking for a lod but one was never done and like you it was clearly stated in my service medical records when and how the accident happened so I replied that none was done,I was on AT for two weeks of reserve training when this injury happened I later found out none of my reserve records contained my AT info so no proof of At excited so it was denied based that I was not on active duty at the time of injury,I did find my orders and a pay voucher and sent it in as proof for the time in question,now its a waiting game,I'm glad to hear you are finally done

[BigChief]

LOD's are done for POV accidents, anything related to alcohol and mental conditions (formals) IAW regulations. Line of Duty's should be completed if the injury or condition will have lasting effects (informal). While on active duty most Soldier's do not have LODs completed because the idea is all injuries and conditions are incurred while on acitive duty. So most units will not do them, the SMRs are the evidence needed to support that the injury was incurred while in service. The exception is for those on Active Guard/Reserve programs, they should have them done if the condition will have an lasting effect, but most do not have them completed. Same rule applies with the Active service, units believe AGR Soldiers do not require them.

This is my field, as I am a Human Resources Chief (CW4).

[msattler]

Rootbeer22 great news on your claim, I was also contacted by the RO for a LOD I was in the active reserve training in CO. springs when I injured myself and a LOD was never done so I replyed that the incident was in my service Medical records which clearly shows the date of the injury from the base hospitol and that no LOD was done due to no wilful misconduct,two weeks later I get a denial letter the basis was thai I was not on active duty at the time of the injury, I was lucky enough to find my orders and a pay voucher for the time in question and ask for a reopen with new and material evidence, My VSO looked at what evidence they used to decide my denial and it showed no mention of my AT training in my service record it just wasnt there,I hope that the new material will be enough for a reconsideration,

[rootbeer22]

msattler:

The AT Training information should be enough for reconsideration and I suspect you will be fine. I learned that in most cases for training that it's rare to have LODs done anyway? The other issue for you is to try and "paint the picture" for the rater of what actually happened. Also, if you could get other statements from your peers that were present during the incident then that would really help your case. I've read the LOD rules many times and a lot of it is up to the discretion of the RO to make a determination? Mostly they are looking for misconduct for alcohol and drugs (as was said by BigChief) but if it's regular duty that it's usually presumed in the LOD. But not always which can be really tricky? I think sometimes, a vet can get a rater whom tries to follow the rules literally who lacks experience and that's where the trouble can begin? Even now, I think most of the raters are just trying to do their jobs to the best of their ability. Frankly, I can't imagine the pressure that they are under at this point and I have a new found respect for what they do. Let's face it, the military with all of the services is a very dangerous and people just get hurt. I was around 3 people that were killed in training accidents and was first on the scene twice. It's heartbreaking to see a young kid mangled after being run over by a tank. I'm still affected by the experience as he was newly married and I saw the ring shine when the flashlight was used. I was first on scene and tried to do CPR in the dark on him, but his broken ribs had already punctured his lungs and heart and I could not get enough pressure to inflate his lungs anyway? There was never a pulse and I don't think that he suffered as it happened while in his sleep? He was supposed to be on parameter guard duty and tried to sneak a couple of hours of sleep? However, the Tank BN CO decided to do a night move after we had already been maneuvering for several days with limited rest to stress us further? Ironically, years later I received a big award for saving someone's life - an learned helping your fellow man is the most noble thing you can do in life - and although nice to be recognized-awards just don't matter. That said, it was a very dangerous business and although I loved it then when I was very young, these kinds of things it still haunts me to this day? Godspeed rootbeer22...

Edited July 8, 2015 by rootbeer22