B-178894, DEC 4, 1974

B-178894: Dec 4, 1974

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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF APRIL 26. IT WAS INDICATED THAT UNDER THE APPLICABLE LAW AND REGULATIONS. A MEMBER OF THE ARMY RESERVE IS ENTITLED TO MEDICAL TREATMENT AFTER RELEASE FROM ACTIVE DUTY OR TRAINING DUTY ONLY WHEN HIS INJURY OR DISEASE IS ACTUALLY INCURRED IN LINE OF DUTY WHILE ON ACTIVE DUTY OR TRAINING DUTY OR WHILE TRAVELING TO OR FROM SUCH DUTY. WAS ALSO INDICATED THAT THE APPLICABLE REGULATIONS AUTHORIZE MEDICAL CARE FROM CIVILIAN SOURCES AT THE EXPENSE OF THE ARMY WHEN CARE CANNOT BE PROVIDED BY MEDICAL TREATMENT FACILITIES OF THE ARMED FORCES OR BY OTHER FEDERAL MEDICAL TREATMENT FACILITIES. IN THE ABSENCE OF THE DETERMINATION BY APPROPRIATE AUTHORITY THAT YOUR DISEASE WAS INCURRED OR CONTRACTED IN LINE OF DUTY WHILE ON ACTIVE DUTY AND APPROVAL OF YOUR TREATMENT AT A CIVILIAN MEDICAL FACILITY.

B-178894, DEC 4, 1974

PRECIS-UNAVAILABLE

LT. COL. MAYNARD L. ROGERS, USAR, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 26, 1974, REQUESTING RECONSIDERATION OF OUR DECISION B-178894, MARCH 28, 1974, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR MEDICAL EXPENSES INCURRED INCIDENT TO TREATMENT YOU RECEIVED FROM A CIVILIAN PHYSICIAN AFTER YOUR RELEASE FROM ACTIVE DUTY IN THE UNITED STATES ARMY RESERVE.

IN THE DECISION OF MARCH 28, 1974, IT WAS INDICATED THAT UNDER THE APPLICABLE LAW AND REGULATIONS, A MEMBER OF THE ARMY RESERVE IS ENTITLED TO MEDICAL TREATMENT AFTER RELEASE FROM ACTIVE DUTY OR TRAINING DUTY ONLY WHEN HIS INJURY OR DISEASE IS ACTUALLY INCURRED IN LINE OF DUTY WHILE ON ACTIVE DUTY OR TRAINING DUTY OR WHILE TRAVELING TO OR FROM SUCH DUTY. WAS ALSO INDICATED THAT THE APPLICABLE REGULATIONS AUTHORIZE MEDICAL CARE FROM CIVILIAN SOURCES AT THE EXPENSE OF THE ARMY WHEN CARE CANNOT BE PROVIDED BY MEDICAL TREATMENT FACILITIES OF THE ARMED FORCES OR BY OTHER FEDERAL MEDICAL TREATMENT FACILITIES. IN THE ABSENCE OF THE DETERMINATION BY APPROPRIATE AUTHORITY THAT YOUR DISEASE WAS INCURRED OR CONTRACTED IN LINE OF DUTY WHILE ON ACTIVE DUTY AND APPROVAL OF YOUR TREATMENT AT A CIVILIAN MEDICAL FACILITY, THERE WAS NO BASIS UPON WHICH YOUR CLAIM COULD BE FAVORABLY CONSIDERED.

IN YOUR LETTER OF APRIL 26, 1974, YOU INDICATE THAT A FULL LINE-OF DUTY INVESTIGATION WAS CONDUCTED AND IT WAS FOUND THAT THE SYNCOPAL SPELL YOU SUFFERED WAS CONTRACTED WHILE YOU WERE ON ACTIVE DUTY. HOWEVER, YOU DID NOT FURNISH THAT DETERMINATION WITH YOUR LETTER NOR IS THERE ANY INDICATION THAT A LINE-OF-DUTY DETERMINATION WAS MADE WITH REGARD TO THE BASIC PROBLEM WHICH NECESSITATED THE OPERATION IN QUESTION. ALSO, YOU HAVE NOT FURNISHED EVIDENCE THAT YOU SOUGHT APPROVAL OR THAT APPROVAL WAS GRANTED BY APPROPRIATE ARMY OFFICIALS FOR THE EXPENDITURE OF ARMY FUNDS FOR YOUR MEDICAL CARE IN A CIVILIAN FACILITY.

AS WAS INDICATED IN THE MARCH 28, 1974 DECISION, IN THE ABSENCE OF EVIDENCE OF SUCH DETERMINATION AND APPROVAL, THERE IS NO BASIS UPON WHICH THIS OFFICE MAY GIVE FAVORABLE CONSIDERATION TO YOUR CLAIM.