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.

[Philip Rogers]

I don't see any problems. I suggest you wait for the decision. jmo

pr

[broncovet]

Mostly, I have not seen this to be a problem for the VET, BUT, you can always count on VA to create problems where none exist.

In particular, my doc wrote in my file, regarding my injury, "Through no fault of (me), this accident occurred".

It seems to resolve this LOD issue. I was in service at the time, and, I think this means they have to Service connect (as long as there is a current diagnosis, an inservice event or aggravation, and a nexus..LOD is not an issue, unless the doc says to the effect this was your fault..such as you got drunk and caused a problem. In other words you got injured NOT in the line of duty as intoxication is not "in the line of duty". )

[rootbeer22]

broncovet

Thanks...

My Tank accident was during regular Tank Gunnery Training at Fort Carson, CO and I was treated by the medics at the range when it happened, so all of the requirements for service connection are in place which is good. I read the VA rules for service disqualificfation yesterday and none of that seems to apply to my case, certainly not alcohol or misconduct? I was a little perplexed at what VBA authority was to do if no LOD ever existed in the first place? For instance, if the rater is authorised to deny a claim but there was no LOD - how could they ever make that call with no investigation - especially if they don't have at all of the facts of the case? So, unless, the VBA rater makes an arbitrary decision to disqualify me for service connection then I should be fine? However, with the absence of an LOD stating anything negative against the soldier for the accident, I'm getting the sense that a soldier is considerd in the "Line of Duty" for an illness or injury that occurs in service? I guess it's very common for LODs not to ever get initiated..but it's not the fault of the soldier...

Edited April 15, 2015 by rootbeer22

[broncovet]

When we are in the military, we are in the military 24 hours a day, 7 days a week, 365 days a year.

This means "in the line of duty" is All of the time UNLESS specifically found otherwise.

I have not often seen VA use this to get out of paying..unless its legit. I think that unless you were intoxicated or otherwise in violation you are "in the line of duty". If you were on orders to do something and you disobeyed, then you may have a problem, but only if your doc or a commander let you know that you were NOT in line of duty.

Frankly, I think the military is pretty liberal with "in LOD" but that likely depends on the commanding officer. You gotta mess up pretty bad for not in LOD. Stuff happens. If no one ever makes a mistake, then there should be no deaths on the battlefield.

[Chuck75]

This is an old topic, but - - -

In the past, not in LOD was used by the VA when communicable diseases were involved. The VA often tried to say that there was no relationship between being in service and contracting the disease.

One Navy related problem occurred when petty officers were assigned to Shore Patrol, and contracted various diseases as a result of hands on dealings with drunk and/or combative service members.

The issue was that there is/was a related Navy specialty, but most of those assigned did not have it.

(Shore Patrol, Brig Chaser, etc were often given ships junior petty officers as a result of a "levy" by a Navy base or command supporting the ships.)

[rootbeer22]

Folks:

Update....my claim was just finalized and everything was determined to be in the Line of Duty (LOD) with regard to my claim. I believe the reason is that, I had very detailed service medical records and wrote explanations of what happened while I was in service. Also, I had witness statements of folks that were there or observed the incidents. One doctor said on a CP ex that, "his injuries are clearly consistent with the statements that have been presented". In fact, the original military spine surgeon that put me back together with rods, screws and bolts, said he was amazed that I was not paralyzed for life? Right after my surgery, a social worker came to me and said, "your life is going to change now and you may not be able to work much? I said, "I will work thru the pain to stay in the Army and will do my duty until retirement...which I did...However, it was a constant fight to actually remain in the Army after my injuries. I must admit, that the day that my claim came thru, I welled up with emotions that the VA finally recognized my suffering which validated some of the pain that I deal with each day...and as a result of my service. When most of us served, we/you were expected to "deal with the pain and injuries" as a part of the profession and we did. Overall, I've been fortunate because the care has always been good...and I'm very appreciative of the efforts of everyone that has helped me over the years despite the fact that it's not a perfect system...but what is..... rootbeer22