Posted on Jan 11, 2019
What do you do when an LODI is not done and it should have been?
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For example, what if an AGR Soldier got in a car accident on the way home at the end of the duty day, but was told for the following two years he didn’t need a line of duty investigation or determination since he was AGR? What is the course of action once it’s been identified that the wrong thing was done?
Medical
Readiness
Department of Veterans Affairs (VA)
Benefits
Posted 6 y ago
Responses: 2
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In layman's terms:
LODs are to determine if the injury or illness occurred in the Line of Duty (hence, the name). The point of the investigation is to determine if the Soldier will be qualified to bill Tricare for the follow-on care.
At face value, the AGR is already on Tricare (Prime or Remote), the MDAY is not, and would need an approved LOD for Tricare billing after that drill or AT.
The other reason for the investigation is to determine if the injury occurred "not in the line of duty" while in a duty status (drill or active duty). Examples would be if the injury occurred while AWOL, while in violation of a direct order, willful negligence, etc.
The only reason an AGR (or active duty) Soldier would require an LOD investigation would be if the commander had any reason to suspect anything like those examples.
That said, whenever an LOD did need really to be done for any reason but was not, it still needs to be completed immediately, no matter how late it is.
LODs are to determine if the injury or illness occurred in the Line of Duty (hence, the name). The point of the investigation is to determine if the Soldier will be qualified to bill Tricare for the follow-on care.
At face value, the AGR is already on Tricare (Prime or Remote), the MDAY is not, and would need an approved LOD for Tricare billing after that drill or AT.
The other reason for the investigation is to determine if the injury occurred "not in the line of duty" while in a duty status (drill or active duty). Examples would be if the injury occurred while AWOL, while in violation of a direct order, willful negligence, etc.
The only reason an AGR (or active duty) Soldier would require an LOD investigation would be if the commander had any reason to suspect anything like those examples.
That said, whenever an LOD did need really to be done for any reason but was not, it still needs to be completed immediately, no matter how late it is.
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SGT (Join to see)
I appreciate the insight, SGM. My main concern is that he has since returned to M-Day status. In this incident his lower back was injured. While he does have insurance he purchases that helps with his continued treatment, there is nothing connecting the injury to service. Doesn’t an LOD streamline the process for VA benefits through investigating and firmly establishing the service connection?
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SGM (Join to see)
SGT (Join to see) - In this case, since he is now MDAY and still requires follow up care, he needs an LOD now.
LODs do not "streamline" the VA process, the LOD merely duplicates what the VA has access to for those records for active duty/AGR.
For MDAYS/TPUs, the VA process will be primarily what was in LODs.
LODs do not "streamline" the VA process, the LOD merely duplicates what the VA has access to for those records for active duty/AGR.
For MDAYS/TPUs, the VA process will be primarily what was in LODs.
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Depends on the circumstances. Read Army Regulation 600-8-4 Line of Duty Policy, and speak with your CoC. It should be an easy fix, but lack of knowledge will be the biggest hindrance. It'll pay off to do most of the leg work yourself.
When any Soldier becomes sick or injured, and unable to perform their regular duties, the Company Commander will normally complete an online report and find the Soldier’s condition as “in the line of duty.” This is done without an investigation, or after
an informal investigation.
If the Commander believes there is a question that the Soldier’s illness or injury was caused by the Soldier’s own intentional misconduct or willful negligence, or if a death has occurred, an investigating officer will be appointed, and a formal investigation will
be conducted. NOTE: A formal investigation is an extremely serious matter: it could lead to the loss of benefits.
When any Soldier becomes sick or injured, and unable to perform their regular duties, the Company Commander will normally complete an online report and find the Soldier’s condition as “in the line of duty.” This is done without an investigation, or after
an informal investigation.
If the Commander believes there is a question that the Soldier’s illness or injury was caused by the Soldier’s own intentional misconduct or willful negligence, or if a death has occurred, an investigating officer will be appointed, and a formal investigation will
be conducted. NOTE: A formal investigation is an extremely serious matter: it could lead to the loss of benefits.
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SGT (Join to see)
1SG, I’ve read AR 600-8-4 cover to cover, researched and found training NGB G1 training powerpoints and explanations online, and gained access to the LOD module submission and tracking website. I believe I have everything I need to put together a formal LOD packet(which is required) for this guy. The problem I’m running into is a near universal unwillingness of people to process an old LOD like that. I can’t find anywhere that references a time limit, but I’ve been told it’s too old - even with the mountain of substantiating documents (ie police reports, two years of consistent medical documentation, etc.) I’ve even been told his course of action is to fight with the VA to prove a service connection when he does ETS or retire some day.
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1SG (Join to see)
SGT (Join to see) typical. Command ought to be ashamed to say it's the job of the Soldoer to fight with VA. It's not too old. The Soldier could consider an IG and/or Congressional, and, quite frankly, should since the command is failing. Doesn't matter that it may have been a previous commander. Had a friend who had to take that same action for a serious injury that occurred during AT when she fell off the back of a LMTV resulting in a TBI that required brain surgery and installation of mesh. Entire command to GO level resisted, and dug in after IG and Congressional, but was ultimately forced to complete the LOD. Took over 2 years, and a ton of reprisal. So, be aware of what you are up against.
With regard to the VA, unless the VA has evidence that any medical condition is NOT in the line of duty, it is presumed to be in the line of duty. Less of a fight with them. Orders and medical records can resolve that.
With regard to the VA, unless the VA has evidence that any medical condition is NOT in the line of duty, it is presumed to be in the line of duty. Less of a fight with them. Orders and medical records can resolve that.
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