Misc Pub 27-8 Legal Handbook Commander’s 2019
• Benefits administered by the Department of Veteran Affairs
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ArmyDemLogProgramBriefing-Jan17
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- 7. Procedures
| • Benefits administered by the Department of Veteran Affairs. In determining whether a veteran or his or her survivors or Family members are eligible for certain benefits, the Veterans Administration will make an independent decision with respect to benefit eligibil- ity. Return to Table of Contents 126 6. Analysis a. Did the Soldier’s intentional misconduct or gross negligence proxi- mately cause the injury, illness, or death? Injury, illness, or death caused by Soldiers own misconduct can never be inline of duty. Violation of a regulation by itself is not misconduct, it is simple negligence. Regulatory violations should be considered in the analysis, however. b. What was the Soldier’s status? Duty status refers to an authorized duty status – on leave, on pass, present for duty, versus unauthorized status – AWOL, deserter, DFR. It does not refer to worker’s compensation or claim’s theories of performing military duties or “job-related.” c. Did the injury, illness, or disease exist prior to service? A medical evaluation solely to determine if the condition, which causes injury, illness, disease, or death, existed prior to service is required to determine service aggravation or service connection. Example of Soldier found to be in Line of Duty. Soldier is injured in car crash while on leave. Crash is caused by another driver’s negligence. Soldier is considered to be in the line of duty. Example of Soldier found not in Line of Duty Not Due to Own Misconduct: Soldier is AWOL (while mentally sound, but otherwise doing nothing wrong. While walking down the street, Soldier is hit by a car that jumps the curve and is seriously injured. Soldier is considered to be not in the line of duty, but not due to own misconduct. NOTE NLD-NDOM may also be based on an Existing- Prior-To-Service (EPTS) condition, not aggravated by service. Example of Soldier found not in Line of Duty Due to Own Misconduct: Soldier gets drunk at a party and attempts to drive home but is involved in an accident on the way. If the intoxication proximately caused the accident, the Soldier is considered to be not in the line of duty due to own misconduct. 7. Procedures Presumptive Finding of In Line of Duty – No investigation is required when a disease does not involve a factor cited at subparagraph b below injury is the result of enemy action or terrorist attack or death by natural causes or death occurs while a passenger on a common commercial carrier or military vehicle or aircraft. NOTE only HRC (or delegee) can determine if conditions satisfy presumptive findings of ILD. Download 4.49 Mb. Share with your friends:
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