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In The Line Of Duty

What is a in the line of duty investigation?

In the line of duty investigation is the process in which the military uses to determine if a soldier’s injuries that he/she sustains was due to the soldier’s duties or other activities. The in the line of duty investigation or LOD investigation is also used to determine if the soldier is disabled and needs to seek the VA determination to what percent he/she may be awarded.

Is the board allowed to make the changes to a person’s records from “in the line of duty” to “not in the line of duty”?

The board may be allowed to change the person’s record to “not in the line of duty” to “in the line of duty” or from “in the line of duty” to “not in the line of duty” depending on the evidence that is presented for the board to review. If the person feels that the decision of the board is in error, then he/she can appeal the decision to the Federal Court of Claims.

If a soldier takes medication for a disorder, but stops taking the medication before leaving for duty, does the military have access to his/her records and can they get in trouble for lying to cover up the prior medication?

The soldier’s medical records are able to be subpoena if there is just cause for them to be subpoenaed. The only time a branch of service will do an in the line of duty investigation is to determine if the injuries that are sustained was sustained by the soldier during his/her duty time. If the military feels the injury is caused from a prior condition, they can investigate and if the soldier lies to them about it, then he/she may face more serious charges. This may cause the soldier other issues and the best thing may be for the soldier to hire a lawyer.

Is a soldier who is injured in the line of duty entitled to any benefits through the military?

The soldier is generally able to get rehabilitation education, GI bill, and VA disability payments. In most cases the military will conduct a in the line of duty investigation to see of the injury was obtained while in the line of duty. This board will help determine the percentage of disability that the soldier will receive. The soldier may get help from the VA or the VFW if there is a need to file an appeal.

Can a soldier be denied deployment if he/she received an in the line of duty injury?

The soldier can apply to the VA to determine the rate of disability that he/she can get. The VA may also help compensate the soldier for the lost pay and other benefits if the soldier meets the requirements. The soldier does not have the right to drill or deploy and may need to seek the help of the VA to get compensation for their time and medical injuries.

When a soldier is faced with an injury while he/she is in the line of duty, they may need advice as to what actions may be taken. The soldier may be faced with proving that the injury was actually sustained while they were in the line of duty or if the injuries were acquired while they were not in the line of duty. When the soldier finds themselves in the investigation process he/she may need to consult the Experts to gain insight into the proper procedures.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11942
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Line of Duty Questions

  • I was divorced in 2001, and was an E-7 in the Air National

    I was divorced in 2001, and was an E-7 in the Air National Guard with approximately 25 years service. After the divorce I continued on in the Air Guard for another 9 years and was promoted to E8. My ex will get a percentage of my military retirement when I begin to collect it at age 60. My question is, will the percentage she gets be based on my E7/25 years or E8/30 years?
  • Shipped to Boot Camp while recovering from a TBI (Traumatic

    Shipped to Boot Camp while recovering from a TBI (Traumatic Brain Injury). I was wondering if you can answer a question. I enlisted in the Marine Corps and went through the MEPS processing in 1992. I did not lie on any enlistment documentation. A few months later (I was already inactive reserve through the Delayed Entry Program) I suffered a subdural hematoma (SDH) during a HS football game. I spent a few weeks in ICU and was released from the hospital. I never followed up with my Doc to see if it had SDH had resolved. I informed my recruiter but he said not to worry about it. With in 60 days of my SDH I was taking a Physical Fitness Test (PFT). A few months afterwards I went off to boot camp without thinking twice about my SDH. I completed boot camp and fulfilled my enlistment with an honorable discharge. However, I always did experienced headaches and vertigo from time to time (Nothing a hard charging Devil Dog should complain about) but now what really scares me is I am noticing problems with my short term memory that is begging to affect my employment. My boss is getting tired of hearing "I forgot". After doing some research I found that TBI takes years to heal and I was still in the healing process when i went through boot camp. Can my current condition be "service related"?
  • My husband was recently discharged from the navy for alcohol

    My husband was recently discharged from the navy for alcohol treatment failure. He was a nuclear machinist mate with 3 years and 4 months in the service. His enlistment bonus was 15k. How much of that bonus is he responsible for paying back? Personnel is throwing out all sorts of numbers, even saying that he may owe the full 15k because they removed his nec when he went to rehab. My understanding was always that the bonus was yours to keep after completing the pipeline.
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