Introduction
On 3 September 2026, the Secretary of the Navy issued SECNAVINST 1770.5A, a substantial revision to the rules governing Line of Duty benefits for members of the Navy Reserve and Marine Corps Reserve. The new instruction replaces SECNAVINST 1770.5 and addresses much more than whether an injury is simply “in the line of duty.” It establishes the process through which qualifying Reservists may receive continued medical care, Medical Hold (“MEDHOLD”), incapacitation pay, travel reimbursement, and, in appropriate cases, referral into the Disability Evaluation System (“DES”). SECNAVINST 1770.5A, paras. 1–4.
For Reserve Sailors and Marines dealing with a serious medical condition, the most important point is that an in-Line of Duty (“in-LOD”) determination can be the gateway to benefits that extend well beyond payment for medical treatment.
An In-LOD Determination Can Protect More Than Medical Care
The instruction applies generally to Navy and Marine Corps Reserve members whose injury, illness, or disease was incurred, recurred, or aggravated during qualifying military service. It does not apply to Training and Administration of the Reserve or Active Reserve members. SECNAVINST 1770.5A, para. 3.
When the Benefits Issuing Authority (“BIA”) determines that a condition qualifies as in-LOD, the available benefits may include inpatient or outpatient medical treatment, dental treatment, incapacitation pay, drill pay, travel and transportation allowances for treatment, MEDHOLD, and potentially referral into the DES. SECNAVINST 1770.5A, para. 4.a–b.
This distinction matters because Reserve disability cases often involve two separate questions. The first is whether the military is responsible for the medical condition because it arose or was aggravated during qualifying service. The second is what should happen if the condition does not resolve and prevents the member from returning to normal military duties. SECNAVINST 1770.5A connects those questions more clearly by making the in-LOD process an important pathway toward disability evaluation.
MEDHOLD Can Keep an Injured Reservist on Active Duty
For Reservists injured or becoming ill while serving on active-duty orders of more than 30 days, MEDHOLD may be particularly significant. An eligible member who consents to MEDHOLD may remain on active duty while receiving treatment for the approved in-LOD condition. MEDHOLD may continue until the condition resolves, the member is found fit for duty, the member completes disability processing, or another authorized terminating event occurs. SECNAVINST 1770.5A, Encl. (2), para. 1.
In practical terms, this can prevent an injured Reservist from simply reaching the end of orders and being sent home while still undergoing treatment for a potentially disabling military condition.
The instruction generally limits medically non-deployable MEDHOLD status to 12 months. Additional time may be approved when recovery is reasonably expected during an additional six-month period. But when a condition remains unfitting at 12 months, the instruction calls for a Medical Evaluation Board (“MEB”). Permanently disabling conditions should be medically boarded sooner rather than waiting for the full year to expire. SECNAVINST 1770.5A, Encl. (2), para. 1.c–e.
That makes the member’s medical prognosis increasingly important as treatment progresses. A condition expected to resolve may remain principally a treatment and MEDHOLD issue. A condition that becomes permanent or continues to interfere with military duties may instead become a disability-evaluation issue.
A Qualifying Condition Can Lead to the DES
SECNAVINST 1770.5A expressly directs in-LOD cases toward the Integrated or Legacy Disability Evaluation System when the medical condition is deemed permanent, may prevent the member from continuing naval service, or remains unfitting approximately one year after the injury or illness and the member is not expected to become fit within the following six months. SECNAVINST 1770.5A, Encl. (1), para. 3.i.
The instruction goes further for potentially unfitting conditions that were incurred or aggravated during qualifying duty. Once the necessary in-LOD determination is issued, the BIA may direct referral into the DES. The instruction states that an in-LOD determination directing DES referral causes an MEB to determine whether the case should proceed immediately to the Physical Evaluation Board (“PEB”). SECNAVINST 1770.5A, Encl. (1), para. 3.l.
For Reservists, this connection can be critical. A member may be receiving medical treatment while also facing separation from the Reserve because the condition prevents continued service. The new instruction expressly recognizes that qualifying conditions should not remain indefinitely in a medical-benefits process when they have become potentially unfitting.
PTSD and TBI Receive Special Treatment
One of the most important provisions concerns conditions whose symptoms may not be fully recognized immediately after the underlying event.
SECNAVINST 1770.5A specifically identifies Post-Traumatic Stress Disorder (“PTSD”) and Traumatic Brain Injury (“TBI”) as conditions that may have latent symptoms. When medical records from the period of service document symptoms that are later recognized as PTSD, TBI, or a related disorder, the instruction directs that the case should be evaluated through the in-LOD pathway regardless of how much time has passed since the injury or incident. SECNAVINST 1770.5A, Encl. (1), para. 3.n.
The instruction also directs careful consideration of evidence documenting events likely to cause PTSD, including sexual assault and exposure to traumatic events during qualifying military service.
That provision is especially important for Reservists whose symptoms became obvious only after returning to civilian life. A delayed diagnosis does not necessarily mean that the underlying military connection disappears.
Incapacitation Pay Remains an Important Protection
The instruction also addresses Reservists who lose civilian income because of an in-LOD condition. Incapacitation pay may be available when the condition physically incapacitates the member and causes loss of earned civilian income. SECNAVINST 1770.5A, Encl. (2), para. 3.c.
Initial eligibility may generally be authorized for up to six cumulative months. Extensions are possible, but the instruction requires continued documentation of treatment, prognosis, limitations, employment, and lost income.
This is particularly relevant to Reservists whose civilian employment requires physical abilities that their military injury temporarily prevents, even while they may remain capable of performing some limited military duties.
There Is Now a Defined Appeal Process
SECNAVINST 1770.5A also provides a structured procedure when the Navy or Marine Corps denies or terminates in-LOD benefits.
Generally, the member has 60 days after official notification to submit an appeal through the chain of command to the BIA. The BIA must reconsider its decision before forwarding the case to the Office of the Judge Advocate General, Code 13. If the BIA introduces a new reason for denial during reconsideration, the member must receive an opportunity to respond. SECNAVINST 1770.5A, Encl. (2), paras. 12–13.
OJAG Code 13 then conducts appellate review and ordinarily has 60 calendar days after receiving a complete appeal package to issue a written decision. If OJAG reverses the denial or termination, qualifying healthcare or DES eligibility is reinstated, along with applicable pay and allowances from the member’s original eligibility date. SECNAVINST 1770.5A, Encl. (2), para. 13.
What the New Instruction Means for Reserve Sailors and Marines
SECNAVINST 1770.5A treats an in-LOD determination as more than a reimbursement mechanism for a military injury. For a Reservist with a significant condition, it can determine access to treatment, continuation on active duty, replacement of lost civilian income, and ultimately access to the military disability system.
The most consequential cases will often be those in which the condition does not resolve as expected. As a medical problem becomes prolonged or permanent, the question increasingly shifts from how long the member needs treatment to whether the member can return to unrestricted military service. SECNAVINST 1770.5A provides a clearer framework for making that transition from LOD benefits and MEDHOLD to MEB and DES processing.
For Reserve Sailors and Marines facing serious service-connected medical conditions, understanding that progression is essential.
What JPL Can Do to Help
Reserve disability cases can become complicated quickly because an in-LOD determination may affect far more than medical treatment. It can determine whether a Sailor or Marine remains on MEDHOLD, receives incapacitation pay, obtains continued military healthcare, or ultimately reaches the Disability Evaluation System. SECNAVINST 1770.5A also creates specific procedural requirements for documenting the condition, establishing its relationship to qualifying duty, maintaining benefits, and appealing adverse decisions.
Joel Pettit Law can assist Reserve Sailors and Marines with evaluating whether an injury, illness, or disease should qualify for in-LOD benefits, identifying gaps in the medical and service record, preparing or strengthening submissions to the Benefits Issuing Authority, and challenging denials or terminations of benefits. JPL can also help determine whether a prolonged or permanent condition should be moving from the LOD or MEDHOLD process into the MEB and DES process.
For members already facing an adverse in-LOD decision, JPL can assist with reconsideration and appeal, including developing the evidentiary record, addressing the stated reasons for denial, and preparing the case for review by OJAG Code 13. The objective is to ensure that the member’s medical condition, duty status, functional limitations, and entitlement to further disability processing are presented accurately and completely under the applicable Navy and Marine Corps Reserve rules.
