I’ve been injured in the line of duty and I want The Veteran’s Advocate to hold the government accountable for compliance with law and regulation governing line of duty determinations!
Line of Duty is Everything! Don’t let anyone tell you otherwise. Too often Guard and Reserve units tell injured members something like, “Don’t worry about line of duty. You were on orders so everything is considered line of duty. You don’t need to do anything.”
If you’re a Reserve Component member and you’ve been injured, DON’T go another day without at least an initial consultation from The Veteran’s Advocate.
A finding of “In the Line of Duty” (ILOD) is absolutely crucial to your military and financial future. And yet, correct processing of Line of Duty determinations seems to be the EXCEPTION–not the norm, among the Guard and Reserve.
When the Line of Duty is not completed, or incorrectly completed, or if you are found NOT in the Line of Duty (NILOD), you are vulnerable to losing not only your military job, status, pay, and benefits, but also the longer-term, much more valuable benefits of military retirement and VA disability compensation.
We recommend an immediate initial consultation even if you don’t intend on having The Veteran’s Advocate handle your LOD case. It’s likely that foundational mistakes have already been made by your unit and the more time goes on, the harder it gets to correct these mistakes.
Schedule AN INITIAL "MUST-HAVE" CONSULTATION
What is a Line of Duty (LOD) determination?
An LOD determination is an investigation, either informal or formal, into whether a medical condition (injury/disease) was incurred or aggravated during a period of military service. LOD determinations are handled differently, depending upon the service branch. An LOD determination can have two primary outcomes: In the Line of Duty (ILOD) or Not in the Line of Duty (NILOD).
Why do I need an LOD determination?
The primary purpose of a LOD determination is to afford a service member continued medical care for a condition that was incurred or aggravated in the line of duty (ILOD). The secondary purpose of an LOD determination is to entitle a service member to disability benefits through the Department of Veteran’s Affairs and/or the Department of Defense by documenting that the condition was incurred/aggravated during a period of service. Without an ILOD determination you may lose out on VA benefits, DoD benefits, or both.
What’s the timeline for requesting an LOD determination?
You have 180-days from the end of your tour of duty during which you were injured/ill to initiate your LOD determination. After 180-days, you may be denied an LOD determination altogether, or you may be able to get an LOD determination accomplished but you will likely be denied medical care under an ILOD finding if you are outside the 180-day window.
What benefits are available based on an “In the Line of Duty” (ILOD) finding? You are entitled to continued medical care under Tricare with a “valid” ILOD finding. You may be entitled to remain on active-duty orders through the duration of your treatment until you recover or you are medically retired/separated due to the condition. You may be eligible for Incapacitation Pay (INCAP Pay) if you do not want to remain on active-duty orders, but your civilian employment must have been impacted due to your medical condition. Each service branch handles continuation orders and INCAP Pay differently, so eligibility and processing may vary between the services. If your ILOD condition prevents you from continuing to serve in the military, you may be referred into the Disability Evaluation System (DES). The end of the DES process can result in a medical retirement, which includes lifelong benefits from DoD—in addition to VA benefits.
What do I lose if my injuries are deemed “Not In the Line of Duty (NILOD)?
Potentially, a lifetime of benefits. You will lose continuous medical treatment under Tricare—and you may be subject to recoupment for any expenses already incurred—to include any continuation orders and/or incapacitation (INCAP) Pay. You may lose the ability to be medically retired out of the military if your condition becomes unfitting. You may also lose the associated VA benefits for that medical condition. While the VA typically conducts their own determination for Service Connection, the VA can accept a NILOD finding from the service branch as proof that a condition is not Service Connected.
How can The Veteran’s Advocate help me with my Line of Duty case?
You have two options available. The gold standard is to immediately retain The Veteran’s Advocate attorney Aaron Drake and attorney Brenda Gohr to answer your questions and advocate for you every step of the way, from initial injury or onset of illness to conclusion of the LOD, including if the Government later attempts to “reverse” the ILOD finding at a later stage during the Medical and Disability Evaluation process. Even if you’re not ready to retain an attorney, you have the option of an initial consultation, during which you will receive an attorney review of the foundational documents in the case file, and a video or phone conference with your attorney who will provide you the critical advice and assessment you need to protect yourself during this often arbitrary and noncompliant administrative process.
