Military Law

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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.
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