Line Of Duty

[SFC24]

If a soldier has a LOD is it automatically considered service connected with the VA when they do your C&P?

Example, I have a LOD for sleep apena and require a cpap. Will it be auto?

[sixthscents]

Yes... CFR 38 3.1 (m)

(m) “In line of duty” means an injury or disease incurred or aggravated during a period of active military, naval, or air service unless such injury or disease was the result of the veteran’s own willful misconduct or, for claims filed after October 31, 1990, was a result of his or her abuse of alcohol or drugs. A service department finding that injury, disease or death occurred in line of duty will be binding on the Department of Veterans Affairs unless it is patently inconsistent with the requirements of laws administered by the Department of Veterans Affairs. Requirements as to line of duty are not met if at the time the injury was suffered or disease contracted the veteran was:

(1) Avoiding duty by desertion, or was absent without leave which materially interfered with the performance of military duty.

(2) Confined under a sentence of court-martial involving an unremitted dishonorable discharge.

(3) Confined under sentence of a civil court for a felony as determined under the laws of the jurisdiction where the person was convicted by such court. (Authority: 38 U.S.C. 105)

Note: See §3.1(y)(2)(iii) for applicability of “in line of duty” in determining former prisoner of war status.

(n) “Willful misconduct” means an act involving conscious wrongdoing or known prohibited action. A service department finding that injury, disease or death was not due to misconduct will be binding on the Department of Veterans Affairs unless it is patently inconsistent with the facts and the requirements of laws administered by the Department of Veterans Affairs.

(1) It involves deliberate or intentional wrongdoing with knowledge of or wanton and reckless disregard of its probable consequences.

(2) Mere technical violation of police regulations or ordinances will not per se constitute willful misconduct.

(3) Willful misconduct will not be determinative unless it is the proximate cause of injury, disease or death. (See §§3.301, 3.302)

[SFC24]

Thank you for the response of lods. These lods are a result of my recent deployment to IRAQ. None of them we due to misconduct etc...

I talked to a va rep and he told me that it is up to the rater if he accepts the lod or not. According to your post it is law?

I am a little slow at this va stuff and maybe you have more experience with it. I will ask again, will they accept them??

Sorry for asking again. Remember I am a little slow...

[Vike17]

SFC24,

While what Sixthsense is correct with what he posted, keep in mind that the LOD determination from the service department is binding on VA "unless it is patently inconsistent with the requirements of laws administered by the Department of Veterans Affairs" I have personnally never seen a LOD determination from the individual service department that wasn't accepted by VA, but it certainly can happen. The whole thing behind this is the LOD has to been in line with VA rules and regulations, regardless if any UCMJ decision.

LOD determinations at VA are generally done by a Veteran Service Rep. (VSR) before it goes to the rating activity for a rating decision.

Vike 17

[Testvet]

Line of duty statements are usually issued for injuries sustained while on active duty, for vehicle accidents, falls while hiking, I have never heard of one being issued for a body system not working properly, I have seen many where the soldier got drunk and was hurt riding motorcycles and the letters plainly state the injury was NOT in the line of duty, I have also on the other hand seen letters issued for men with broken legs from falling off tanks, or 2 1/2 ton trucks and many other reasons, I have never heard of a LOD for sleep apnea or TB, or COPD or anything else along those lines the only thing guaranteed about the VARO is they never do what you think they should

[Tbird]

staff sargent bliss

please do not type in all caps it is very hard to read