Compensation Claim for Air National Guard Duty Injury

A request was made for an advance decision concerning the entitlement of a former member of the Air National Guard to reimbursement for medical and transportation expenses incurred and civilian wages lost in obtaining treatment for an injury sustained in the line of duty. The member sustained an injury from a dental examination at an Air Force dental clinic which required continued treatment. At the time of the injury, the member was hospitalized for treatment of a defective filling. Following her discharge, the pain grew worse and she could not return to the hospital due to holiday congestion at the facility. The member was released from active duty, but reported back to the medical clinic for treatment; however, her condition was not remedied. When the pain became unbearable, she visited a civilian doctor on several different occasions for treatment. She claimed expenses for the treatment by civilian doctors, as well as transportation expenses incurred and civilian wages lost. The Air Force determined that the injury was sustained during the line of duty. GAO ruled that she was entitled to payment for the emergency or immediate nonemergency civilian treatment and civilian treatment that she received subsequent to reporting to military authorities for treatment at the military clinic until her discharge. Reimbursement for wages lost and transportation expenses are granted when the injury causes incapacitation which would prevent the member from fulfilling her job obligations, or if the member has been rehospitalized. This was not the case, and GAO ruled that her claim for such costs could not be authorized. Accordingly, the member was entitled to reimbursement for the treatment expenses, but not for lost wages or transportation expenses.