Have Military Law Questions? Ask a Military Lawyer.
Thank you for the information and your question. No, the cause or "fault" for your injury will not effect your rating for your injury. Only the extent of the injury itself will be considered, not the how and why it happened, other than the fact it happened while you were on active-duty. The only thing potentially affected by the fact that the other servicemember might have been negligent, assuming there was gross negligence, is his or her career.
Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to explain the law as it relates to your question, I will receive credit for assisting you today. Thank you
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 23rd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.
Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/