Army (USAR/ARNG) INCAP PAY

harrisfamily4ever

PEB Forum Regular Member
I have a question regarding LOD and Incap pay. I was injured during drill at my reserve unit training assembly on Jan 10, 2009. They took me to the Army Hospital which stated torn pectoral muscle. I have been out of work ever since then. I am an armed securiy guard and could not pull the slide back on my weapon. I work for Loomis as an armed guard driving the armored trucks. Since then I submitted the LOD and the statements required. However, my unit has never had this issue arise before. We were doing combatives training which is how the injury happened. The unit contacted me again at the end of the month of January saying they misplaced the papers. So I promptly took them new copies they were submited then. No one has heard anything since. There has been no correspondance regarding the LOD. I found on your forum the DA 7574 so I went ahead and got it filled out for January and February. They say no sense in doing this because they have not heard anything back about the LOD yet. My family has no income other then my wifes disability from VA which is only 243. We have already been forced onto foodstamps etc. Is there any number they can call to check status or how long should I expect for this to drag on. Will we lose our home before they finally process anything or is my unit not doing things correctly. Basically I am at a loss here because I too have never gone through this. Any guideance would be greatly appreciated.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
They need to process your LOD quicker. In most cases, I would say that it does take time for them to process the cases, but it does not take that long and given your hardship, they need to make this a priority. I would start with your chain of command or the full time technician, explain to them your circumstances.

If you do not get a good response, I would consider going higher up the chain, using the IG, or making a Congressional complaint. My philosophical preference is to use the chain of command until it does not work. But don't take no for an answer. Based on the facts you gave, you are eligible and should be compensated.

Don't forget to see if there is anything that your creditors will do for you while your INCAP pay is processing.

Best of luck!
 

OneFavor

PEB Forum Regular Member
PEB Forum Veteran
Well I went through, and am still fighting what you are going through. Your unit can get the LOD done as an informal one and send that up to get the first 6 months of INCAP pay processed. However, find out who is responsible for handling the INCAP pay in your state. For example, I reside in Virginia, and there is only one person who handles the INCAP pay. Keep copies of everything! The individual that handles incap is part of the medical department, so start there. If they are anything like my state, they move slow, and are always needing more info. You may need to go ahead and put in for grants to help cover your bills. I know the social services has alot of other resources that they can refer you to as well. Please utilize them. That is where I have gotten my assistance from to pay my bills, not the Guard. Also, if it looks like you have to be on incap for more than 6 months, it would be best to go ahead and start the extention packet by the third month(if they kick it back for any reason it gives you a little time to get things that may be needed). I hope this helps
 

RikersIsland1

PEB Forum Regular Member
PEB Forum Veteran
harrisfamily4ever

PM me. I have a PPT slides with a contact number from a Human Resource Soldier that works at the Army Reserve Medical Command. The date of the PPT slides is 20080818. From the slide an informal LOD packet, 40 days to submit from date of injury. The Soldier may be able to assist you.
 

jamesd

PEB Forum Regular Member
Registered Member
ANG soldier injured leg while in basic. He attends AIT but is REFRAD. INCAP pay starts. He has operation on leg but injuy is permanent. State seeks to discharge for Failure to Meet Medical Procurement Standards because soldier cannot return to AIT because of injur. State stops INCAP. State starts separatio process.

Should the soldier continue on INCAP until discharge (soldier cannot work or even climb a flight of stairs)?

Shouldn't the solider go through the MEB PEB process?

Any healp would be great.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
What reason did they give for stopping the INCAP pay? There is a six month limit that can be extended by SECARMY (sounds like a hard thing to get, but it is not). I see no reason that you should not get INCAP pay.

You were on orders for more than 30 days when you were injured. Therefore, you are eligible for MEB/PEB processing. Please let me know if they try to separate you without disability processing.

Did you go the VA for compensation? If not, you should.
 

jamesd

PEB Forum Regular Member
Registered Member
Jason,

Thanks for the info. Following up on the INCAP. Any idea on how to extend the INCAP past 6 months or to get comp for the time that was stopped.
 

OneFavor

PEB Forum Regular Member
PEB Forum Veteran
there is an actual ext. packet that needs to be completed. There has to be a letter from your command requesting ext because of the whatever circumstances, and within that letter they have to account for all of the monies that you have been paid in incap pay, along with medical documentation. It is just a suggestion, but you may want to have your unit do a formal LOD investigation if one has not been done(My Ext packet was rejected, and I had to have a formal LOD done) if you woud like I can send you a copy of the letter that my unit had to prepare for me.
 

roberts

Member
Registered Member
i was injured while on drill status. i tore my acl and meniscus while doing p.t. with my unit. they are telling my i am not entitiled to any type of pay and i was wondering if that is true. can somone please tell me if i am entilted to incap pay. i was on drill status, i injured my knee while doing there p.t.. with this injury i cannot perform my military duties or civilian duties. i have no income and am about to lose everything i have.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
roberts,

From what you have stated, you are eligible for INCAP pay. I am not surprised that your unit told you this, unfortunately, there is a big gap in knowledge on how to properly administer benefits.

I have a few thoughts. You should apply for the INCAP pay. That may trigger them to figure out how to do the right thing in your case.

If they refuse, you can try to use your chain of command, file an IG complaint, or complain to your Congressmen.

I hope all goes well for you.
 

roberts

Member
Registered Member
jason,
my unit says that i am uneligable because i did not have a civilian job at the time of the injury. is that true? plus i cant get a job now because i cant even walk now
 

Jack

PEB Forum Regular Member
PEB Forum Veteran
Jason,

Im curious as to the answer of the previous post.
What if unemployed?
Are you still eligible?
By what regs?
Or is it a judgement call with the state?
What would the difference be whether injured in Iraq or during drill status?

THX

JAck
 

RikersIsland1

PEB Forum Regular Member
PEB Forum Veteran
Jason,

Im curious as to the answer of the previous post.
What if unemployed?
Are you still eligible?
By what regs?
Or is it a judgement call with the state?
What would the difference be whether injured in Iraq or during drill status?

THX

JAck
Incapacitation of Reserve Component Soldiers AR 135-381

1–8. Members unable to perform military duties
a. A member who is unable to perform military duties because of incapacitation under the circumstance described in paragraph 1–6 is entitled to full pay and allowances, including all incentive pay to which entitled, less any civilian earned income for the same period the member receives incapacitation pay (see DOD 7000.14–R, Volume 7A for
entitlements).
b. Incapacitation pay under paragraph 1–8a is adjusted only by the amount of earned income received. The civilian income of the member other than earned income received will not be a consideration in calculating incapacitation pay under that paragraph.
c. For establishing fitness, an RC member will be determined to be unable to perform military duties if, under service procedures in AR 40–501 the member would be determined to be medically unfit to perform his or her military duties.
d. A member authorized incapacitation pay under 37 USC 204(g) of reference will not be allowed to attend IDT or 4 AR 135–381 to acquire retirement points for performing IDT. A Soldier attending IDT and performing military duties may be evidence that they are not suffering from a disability that entitles them to incapacitation pay (tier 1 cases). This will not be used as a basis for terminating entitlement to medical treatment.
e. Return to or acceptance of civilian employment may not terminate entitlement to medical care at Government expense.
 

Jack

PEB Forum Regular Member
PEB Forum Veteran
Rikers...I have that reg...THX....what Im looking for is an assessment base3d on experience...explain it to me....
are theses soldiers getting the incap pay?

Are the states and DOD not paying these guys?

Basically Im still looking for the same answers for my previous post...
Jason chime in if you have input here....

What if unemployed?
Are you still eligible?
By what regs?
Or is it a judgement call with the state?
What would the difference be whether injured in Iraq or during drill status?
What if injured in Iraq and havent gainfully worked since?
You have worked TWO days a month with guard but cant work anywhere else.
Isnt your civilian occupation/social skills AND lack of given heavy weight on this decision regardless of you showing up for gaurd duty?

THX Jack
 

jamesd

PEB Forum Regular Member
Registered Member
Jason,

Question regarding a guard soldier that injured knee in BCT. Soldier was REFRAD after BCT but before finishing AIT. Solider has less that 180 days service on AD but has now been in the guard 1.5 years. Guard looking to give Entry Level Sep w/o MEB/PEB. Soldier is being told to go to the VA for disability rating.

Do you have a cite to the reg that would entitle soldier to MEB/PEB processing if on orders for more than 30days.

State claims that soldier injured during BCT is only entitled to VA disability and not the MEB/PEB disability process.

Is the State correct?

Can the soldier be medically retired?

jamesd
 

Jack

PEB Forum Regular Member
PEB Forum Veteran
Anyone willing to put their 2 cents in>>>>>Rikers...I have that reg...THX....what Im looking for is an assessment base3d on experience...explain it to me....
are theses soldiers getting the incap pay?

Are the states and DOD not paying these guys?

Basically Im still looking for the same answers for my previous post...
Jason chime in if you have input here....

What if unemployed?
Are you still eligible?
By what regs?
Or is it a judgement call with the state?
What would the difference be whether injured in Iraq or during drill status?
What if injured in Iraq and havent gainfully worked since?
You have worked TWO days a month with guard but cant work anywhere else.
Isnt your civilian occupation/social skills AND lack of given heavy weight on this decision regardless of you showing up for gaurd duty?

THX Jack
 

Jack

PEB Forum Regular Member
PEB Forum Veteran
jamesd

I can answer that one....Is the State correct? NO

Can the soldier be medically retired? YES

all the info is in the regs here on this site....but u have to do alot of your own homework..its here..

IS this your soldier?

Jack
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
Anyone willing to put their 2 cents in>>>>>Rikers...I have that reg...THX....what Im looking for is an assessment base3d on experience...explain it to me....
are theses soldiers getting the incap pay?

Are the states and DOD not paying these guys?
I don't have any large sample to say how big the problem is, but I have heard of many Guard Soldiers and Airmen having problems with the states either not processing the cases in a timely manner or at all (with a fair number having to do with the unit not initiating LOD determinations). I think it is a problem, and the problem is at the unit/state level. Once forwarded to DoD/DFAS, I have not seen a big problem.



What if unemployed?
Are you still eligible?
By what regs?
Or is it a judgement call with the state?
The eligibility, outside of the line of duty requirement, is that you are unable to perform military duty or can demonstrate loss of income. If you are unemployed, but cannot drill or perform duty, you are eligible. DoDI 1241.2, AR 135-381, DA PAM 135-381, 37 USC 204(g) and 204(h).

What would the difference be whether injured in Iraq or during drill status?
As far as eligibility, no difference.

What if injured in Iraq and havent gainfully worked since?
Still eligible. You most likely should have been retained on orders for DES processing (MEB/PEB).

You have worked TWO days a month with guard but cant work anywhere else.

Isnt your civilian occupation/social skills AND lack of given heavy weight on this decision regardless of you showing up for gaurd duty?
I think you are hitting upon the issue, are you medically fit to perform duties?:

AR 135-381:

"1–8. Members unable to perform military duties
a. A member who is unable to perform military duties because of incapacitation under the circumstance described in paragraph 1–6 is entitled to full pay and allowances, including all incentive pay to which entitled, less any civilian earned income for the same period the member receives incapacitation pay (see DOD 7000.14–R, Volume 7A for entitlements).
b. Incapacitation pay under paragraph 1–8a is adjusted only by the amount of earned income received. The civilian income of the member other than earned income received will not be a consideration in calculating incapacitation pay
under that paragraph.
c. For establishing fitness, an RC member will be determined to be unable to perform military duties if, under service procedures in AR 40–501 the member would be determined to be medically unfit to perform his or her military duties."

I read this as failing retention standards equals incapacitation.

You ask about the difference between the regs and what the units are doing. It is good to be aware of these differences, but I think what the focus should be on is getting them to follow the regs. That means filing the application for INCAP pay, and putting the onus on them to follow the regs. Don't take someone telling you verbally they don't think you are eligible. File and then take steps as necessary to push the case along.

Best of luck.
 

jamesd

PEB Forum Regular Member
Registered Member
Jack

Its my soldier. I need to determine if the State is correct in just sending this soldier to the VA. Or, if the soldier, injured in BCT, should have a MEB/PEB and them receive a medical retirement w/ a disability rating.

The state has a practice of medical discharge of soldiers w/o MEB/PEB.

These regulations are confusing. Any help would be great, because I am in a position to change this policy if I have the back-up.

Thanks!
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top