Legal Question in Disability Law in Maryland

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A LOD investigation is generally conducted whenever a soldier acquires a disease, incurs a significant injury or is injured under unusual circumstances. There is a presumption that all diseases, injuries or deaths occur "in the line of duty - not due to own misconduct." A LOD investigation helps determine a soldier's entitlement to pay and allowances, accrual of service and leave time and, in some cases, disability retirement. A soldier receives these benefits only if the final determination is "in line of duty - not due to own misconduct."

The investigating officer begins the investigation by getting a copy of the Statement of Medical Examination and Duty Status from the appointing authority, along with any available documentary evidence (witness statements, medical records, police reports, etc.). The IO collects other documentary evidence concerning the injury and the circumstances surrounding it. The IO conducts witness interviews, including one with the soldier who was injured. The IO may read the soldier his or her rights and must inform the soldier that any statements given concerning "the origin, incurrence or aggravation of an injury" must be voluntary.

Once all of the evidence is gathered, the IO reviews it carefully and is required to make one of three determinations concerning your status- (1) "in the line of duty- not due to own misconduct"; (2) "not in the line of duty- not due to own misconduct"; or, (3) "not in the line of duty- due to own misconduct."

If the injury or disease is caused by the soldier's intentional misconduct or willful negligence, the IO may determine the soldier's injury or disease to be "not in the line of duty - due to own misconduct." "Willful negligence" is the conscious and intentional omission of the proper degree of care under the circumstances.

Factors leading to adverse determinations include: whether the soldier was under the influence of alcohol or drugs; whether he was the aggressor or voluntarily participated in a fight; or whether he acted in a manner considered extremely erratic or reckless without regard for his personal safety or the safety of others.

A LOD investigation is generally conducted whenever a soldier acquires a disease, incurs a significant injury or is injured under unusual circumstances. There is a presumption that all diseases, injuries or deaths occur "in the line of duty - not due to own misconduct." A LOD investigation helps determine a soldier's entitlement to pay and allowances, accrual of service and leave time and, in some cases, disability retirement. A soldier receives these benefits only if the final determination is "in line of duty - not due to own misconduct."

The investigating officer begins the investigation by getting a copy of the Statement of Medical Examination and Duty Status from the appointing authority, along with any available documentary evidence (witness statements, medical records, police reports, etc.). The IO collects other documentary evidence concerning the injury and the circumstances surrounding it. The IO conducts witness interviews, including one with the soldier who was injured. The IO may read the soldier his or her rights and must inform the soldier that any statements given concerning "the origin, incurrence or aggravation of an injury" must be voluntary.

Once all of the evidence is gathered, the IO reviews it carefully and is required to make one of three determinations concerning your status- (1) "in the line of duty- not due to own misconduct"; (2) "not in the line of duty- not due to own misconduct"; or, (3) "not in the line of duty- due to own misconduct."

If the injury or disease is caused by the soldier's intentional misconduct or willful negligence, the IO may determine the soldier's injury or disease to be "not in the line of duty - due to own misconduct." "Willful negligence" is the conscious and intentional omission of the proper degree of care under the circumstances.

***Best of luck. The above does not establish an attorney-client relationship and is intended for informational purposes only.******