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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 111535
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband was injured in a car accident (in the line of

Customer Question

my husband was injured in a car accident (in the line of duty, driving air force vehicle on way to air force training) and they have been giving him the run around. It has been 2 months and he still doesn't have an lod because they claim since he was/is on predeployment orders, they can't file the lod. I'm trying to find out if that is true and why this has been such a screw up.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No. My husband is believing whatever they tell him, but it seems ridiculous. He will eventually have to have spinal surgery but they won't admit that a rollover accident contributed?
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 3 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
According to Air Force Instruction 36-2910:
"1.1. The Line of Duty (LOD) Determination and Its Objective. A member who dies or sustains an illness, injury or disease prior to service, while absent without authority, or due to his or her misconduct is not eligible for certain government benefits. An LOD determination is a finding made after an investigation into the circumstances of a member’s illness, injury, disease or death. The finding determines: (1) whether or not the illness, injury or disease existed prior to service (EPTS) and if an EPTS condition was aggravated by military service; (2) whether or not the illness, injury, disease or death occurred while the member was absent without authority and (3) whether or not the illness, injury, disease or death was due to the member’s misconduct. An LOD determination protects the interests of both the member and the United States Government.
1.2. Personnel Who May Be Subject to LOD Determinations.
1.2.1. RegAF members.
1.2.2. ARC members who die, incur or aggravate an illness, injury or disease while:
1.2.2.1. On published orders for any period of time, or while on inactive duty; or
1.2.2.2. Traveling directly to or from the place the member performs active duty or training or while staying overnight immediately before and between consecutive IDT periods."
So in accordance with their October 2015 Instruction Publication, if he was traveling directly to or from a place where he performed active duty OR TRAINING, he can receive a line of duty designation.
Here is a copy of the Instruction: http://static.e-publishing.af.mil/production/1/af_a1/publication/afi36-2910/afi36-2910.pdf
At this point, if they will not follow the instruction, you need to first pursue this up his chain of command and if they still refuse, you will need to get him a local attorney to pursue the claim on his behalf.