Army (USAR/ARNG) INCAP PAY

My husband is Active duty Army for 7 years, 3 years Reserves and the last 4 years as Georgia Army National Guard. He was injured at his Unit back on 10-4-2009, when a 250 pound tarp was dropped on his neck and shoulder. He is a Medic & was asked if he needed to go to the hospital, he thought he was ok. For the next 3 weeks he had severe headaches (which he had a long history of migraines, so he thought it was normal) On 10-30-09, he had a stroke in the optical area of his brain from a carotid artery dissection (from the tarp hitting him in the neck) and on 11-7-2009, he had a 2nd full on stroke in the communication area of his brain. His Unit is still processing his LOD and is now asking for paystubs from his civilian employer. (he had lost his civilian job as a nurse b/c he now can not read or write.) I supplied them with W-2's and also a letter from the Georgia Department of Labor noting his income but they are insistent on paystubs. I had since shredded them after I filed his taxes.

Is this right?? What else can I do??? I am so frustrated that we are almost a year past his injury and nothing has been done to take care of him.
 
I have been in the National Guard for four years, never been deployed. In May 2011 I was sent to Ft. McCoy, WI for our pre deployment training where I was injured while on active duty and was sent home as a 25day REFRAD. Since being released the Army has cut my insurance and I still haven't been able to return to my civilian job because of 2 herniated discs in my back. Three weeks ago my unit finally said that my INCAP packet went up to state after I submitted and resubmitted all the paperwork. I was just wondering how long this process takes at the state level and how long it takes to start getting payed. I am down to my last couple dollars and my bills are starting to pile up. Any suggestions?
 
I have been in the National Guard for four years, never been deployed. In May 2011 I was sent to Ft. McCoy, WI for our pre deployment training where I was injured while on active duty and was sent home as a 25day REFRAD. Since being released the Army has cut my insurance and I still haven't been able to return to my civilian job because of 2 herniated discs in my back. Three weeks ago my unit finally said that my INCAP packet went up to state after I submitted and resubmitted all the paperwork. I was just wondering how long this process takes at the state level and how long it takes to start getting payed. I am down to my last couple dollars and my bills are starting to pile up. Any suggestions?
do your homework on here so see past responses on this topic. I would suggest going to congressman and senator office and show copies of your attempts on the INCAP along with guard unit and dr. notes on injury.
 
I really need some help badly. I am an officer in the Missouri Army National Guard and was in a car accident while awaiting flight school at Ft Rucker, AL. In the accident a retired COL from the Air Force, ran a stop sign and hit me on the driverside front door and pushed in the door around 12 inches whilemy left shoulder was only 4 inches away from the door. The post or company did do an LOD but i was never gives a copy, i have been requesting it since it was done and nobody can seem to find in. I had to undergo a surgery on my shoulder while at OBC, at a civilian hospital since they only have a clinic on post. the accident was in may 2007 and the surgery was in Jan 2008, during this time i was working as a casual officer in the chief of staff's office. i continued to work and and go to physical thearpy, untill i was forced to take a pt test, and failed, this was after i told the docs that my shoulder still hurt and i had pain and numbness in the hand as well. i was then forced to take another pt test in nov of 2008, and again failed. i was then recalled and given a dd214 for failure to meet school standards. i was not given a physical, i was just told that my orders were terminated and to go home by the "WTU" doc and that he felt the i was a cock sucker and trying to abuse the system since . when i got back to missouri i was treated as a scum bag and told by my AO that i was a substandard officer, even though all my OER's sate that i was a stellar officer and was even made the Officer in charge of a company for 9 months while the unit transformed for aviation to quartermaster. my last 3 OER's were from the same AO who now says that im a substandard officer. i have now been diagnosed with thoracic outlet sydrome (TOS) and had to have the first rib removed of the left side because it was pinching down on an artory, a nerve and a blood vessel. then while in rehab they found a tear in the labrum and had to have a third surgery to put in 3 anchors an have it sewen up. this has now taken up 4 years of my life and cost me my civilian job as a correctional officer for a sheriff's office / jail, i had been been back at work since dec 28th 2008 and forced on fmla on 5 may, fired on 26 sept 2011 due to being out for medical issues to long.

My unit said i could go back on incap pay due to my work puting me out on medical leave. I asked about ADME, the WTU or any other program but was told incap was all i could get. they already had all my med docs since i had TOS and had used incap then. i was then told after 3 weeks that the LOD from the TOS surgery incap only covered that issue and a new LOD was needed. I had to stay home from AT since i had doctors appointments that i had set, since i was told i would be staying at the armory while they went to the field. On the day before we left for AT i was told the the BN XO decided to take me to the field and us me as a BN runner, even thought i had appts and had to get MORE documentation from my doctors. So, i "went" on incap on 16 may but there was a mix up with the last incap and i had to repay 2 weeks incap pay because my civilian job didnt fill out the papers correctly. and when we get a memo stating they set a limit on how much can come out each month the BN XO sat on it for 3 days causing my incap pay to be something like $200 out of $2200. all in all i was paid $900 out of $4500 pay for 1 1/2 months pay. when we finally get it all worked out the states 3 moth option is over and now we r sitting here since aug without any pay while the lod paperwork sat on the BN XO's desk for 6 weeks total and the BC stated that it was my fault, because it took me 2 months to get the paperwork to the BN Med NCO.

now since all this happened one of my docs says i might not ben able more than 15-20 lbs for the rest of my life on the left side. i am now in the wounded warrior program but the advocate is new and doesnt know much about the regs and weather i can go back on active duty since its been almost 3 years even though i have been seeing up to 7 docs at one time. all she says is that i need to get back to work even though i can only lif 5-10 lbs right now. the county used my medical disibility as a reason to fire me, and that means that incap stops the day i was fired as well.

does anyone know of anything i can do to get help or how i can get into the WTU, speed up the MEB/PEB/Disibility retirement? Im being told to expect another 3-5 years since im a lowly Guard guy.
 
No, your INCAP pay does not have to stop because they fired you. You lost your income as a result of your service. It seems like you need to be sending friendly email reminders that way you have at least a paper trial of you trying to have this matter rectified. Please read the AR 135-381! Have you filed any congressional complaints, or enlisted the help of your representatives? I literally had to walk my unit through line by line, and stay on top of them. Once you go beyond pay for a certain # of months you have to get special permission from NGB Headquarters, however it is a mute point if things are not being processed correctly through your unit and state level. I know for Virginia there was only one SPC handling INCAP pay, and I had to pull instructions for him. I worked as a counselor for 2 city localities and they released me after holding my job for a year and a half. I was paid incap pay up until my retirement. I was paid for 6 months, but did not get paid again until almost 2 years later (they had to give me back pay). If I had not continuously filed complaints and actually held my unit to the fire. They will let this ordeal swallow you whole. This will be your biggest fight!
 
i was then recalled and given a dd214 for failure to meet school standards. i was not given a physical, i was just told that my orders were terminated and to go home by the "WTU" doc and that he felt the i was a cock sucker and trying to abuse the system since .
You have a claim for wrongful discharge. They should have kept you on active duty until you went through an MEB/PEB.

this has now taken up 4 years of my life and cost me my civilian job as a correctional officer for a sheriff's office / jail, i had been been back at work since dec 28th 2008 and forced on fmla on 5 may, fired on 26 sept 2011 due to being out for medical issues to long.
There may be some issues here that would give you recourse against your employer. Hard to say in the abstract, but you may be entitled to compensation.

My unit said i could go back on incap pay due to my work puting me out on medical leave. I asked about ADME, the WTU or any other program but was told incap was all i could get. they already had all my med docs since i had TOS and had used incap then. i was then told after 3 weeks that the LOD from the TOS surgery incap only covered that issue and a new LOD was needed. I had to stay home from AT since i had doctors appointments that i had set, since i was told i would be staying at the armory while they went to the field. On the day before we left for AT i was told the the BN XO decided to take me to the field and us me as a BN runner, even thought i had appts and had to get MORE documentation from my doctors. So, i "went" on incap on 16 may but there was a mix up with the last incap and i had to repay 2 weeks incap pay because my civilian job didnt fill out the papers correctly. and when we get a memo stating they set a limit on how much can come out each month the BN XO sat on it for 3 days causing my incap pay to be something like $200 out of $2200. all in all i was paid $900 out of $4500 pay for 1 1/2 months pay. when we finally get it all worked out the states 3 moth option is over and now we r sitting here since aug without any pay while the lod paperwork sat on the BN XO's desk for 6 weeks total and the BC stated that it was my fault, because it took me 2 months to get the paperwork to the BN Med NCO.
Bottom line, seems like a lot of bad info and illegal denial of pay going on here. What is this "3 month" option you are referring to here?

now since all this happened one of my docs says i might not ben able more than 15-20 lbs for the rest of my life on the left side. i am now in the wounded warrior program but the advocate is new and doesnt know much about the regs and weather i can go back on active duty since its been almost 3 years even though i have been seeing up to 7 docs at one time. all she says is that i need to get back to work even though i can only lif 5-10 lbs right now. the county used my medical disibility as a reason to fire me, and that means that incap stops the day i was fired as well.
NO! Incap does not rely on being employed.

I know that units are systemically and pervasively denying folks INCAP pay. I have a case right now in US Court of Federal Claims where I had to sue to get them to process the application for INCAP. Even so, we have been back and forth for months with various reasons the unit would not process a simple INCAP claim (which appears to finally be resolving with the involvement of three attorneys (me, the Department of Justice Attorney, and an Army attorney assigned to defend the case) and a federal judge. They just don't seem to get it, but the fact is that from what you have said, you are entitled to INCAP (which should be your active duty pay and allowances, less your civilian pay- which you have none, so it should be your active duty pay....plus drill pay, too).

does anyone know of anything i can do to get help or how i can get into the WTU, speed up the MEB/PEB/Disibility retirement? Im being told to expect another 3-5 years since im a lowly Guard guy.
Go after the wrongful discharge. You can do this with the ABCMR or in federal court. Keep in mind, the statute of limitations for federal court is six years from your date of discharge from active duty.

Whoever said being a "lowly Guard guy" is a reason your case should be slower should be retrained (and perhaps relieved of duty).
 
ok my unit/ BN Med NCO is telling me that i dont qualify for incap due to the fact that i do not have a job, this is because the job fired me for the injury. i have highlighted the part that they thought i wouldn't notice after they also told me that the BN XO ordered that i was fit for duty and they say that they couldn't find it anywhere in the regs that a military doctor had to see me first. they claimed that they shouldnt have to send me up to the doctor just to turn around and send me again in a few months for a profile review.

Tier l
Refers to claims by Soldiers who are unfit to perform their military duties as a result of an injury, illness, or disease caused by military service. A determination of fitness for duty must be made by a military medical physician. Eligible Soldiers are paid full military pay and allowances, less any civilian earned income received during the month of the claim, and are not eligible to draw retirement points.
Tier ll
Refers to claims by Soldiers who are determined fit to perform their military duties by a military medical physician but who are unable to perform their civilian jobs and can demonstrate a loss of civilian earned income. Eligible Solders will be reimbursed for lost civilian earned income up to full military pay and allowances and are eligible to draw retirement points.

also the 3 months issue is
The completed DA
Form 2173 is valid for 60 days from the date of the incident for an informal LDI and 90 days for a formal LDI. To
continue incapacitation payments, the LDI must be approved and finalized in accordance with AR 600–8–4. Initial pay for a Soldier who has suffered an injury, illness, or disease that prevents the Soldier from performing military or civilian duties will be paid within 30 calendar days of notification of the injury, illness, or disease provided the Soldier has submitted the documentation specified in DA Pam 135–381.
 
No, your INCAP pay does not have to stop because they fired you. You lost your income as a result of your service. It seems like you need to be sending friendly email reminders that way you have at least a paper trial of you trying to have this matter rectified. Please read the AR 135-381! Have you filed any congressional complaints, or enlisted the help of your representatives? I literally had to walk my unit through line by line, and stay on top of them. Once you go beyond pay for a certain # of months you have to get special permission from NGB Headquarters, however it is a mute point if things are not being processed correctly through your unit and state level. I know for Virginia there was only one SPC handling INCAP pay, and I had to pull instructions for him. I worked as a counselor for 2 city localities and they released me after holding my job for a year and a half. I was paid incap pay up until my retirement. I was paid for 6 months, but did not get paid again until almost 2 years later (they had to give me back pay). If I had not continuously filed complaints and actually held my unit to the fire. They will let this ordeal swallow you whole. This will be your biggest fight!

I am being told that under 135-381 you must be able to demonstarte a loss of income and a termination letter does not work. Also, i have now been in contact with the ESGR who has stated that since i was on INCAP pay my civilian employer could not place me on FMLA because i was drawing pay thru DFAS so i was on a military pay status even though i was told by the state that incap is in no way a military status. ESGR instructed me to get in contact with the DOL-VETS as well as FMLA since wounded soldiers that had injuries from active duty get 26 weeks instead of 12 under National Defense Act of 2008. I have tried to have a meeting with my sheriff to get my job back but he keeps canceling on me the morning of the meeting, once he was out of town and his secretary didn't know he was going untill that day. And once just last thursday he called in sick and sugested i contact the county HR.

if someone can help me locate where in 135-381 it says losing your job doesn't matter would be great help.
 
I am being told that under 135-381 you must be able to demonstarte a loss of income and a termination letter does not work. Also, i have now been in contact with the ESGR who has stated that since i was on INCAP pay my civilian employer could not place me on FMLA because i was drawing pay thru DFAS so i was on a military pay status even though i was told by the state that incap is in no way a military status. ESGR instructed me to get in contact with the DOL-VETS as well as FMLA since wounded soldiers that had injuries from active duty get 26 weeks instead of 12 under National Defense Act of 2008. I have tried to have a meeting with my sheriff to get my job back but he keeps canceling on me the morning of the meeting, once he was out of town and his secretary didn't know he was going untill that day. And once just last thursday he called in sick and sugested i contact the county HR.

if someone can help me locate where in 135-381 it says losing your job doesn't matter would be great help.

I was assuming you were unable to perform military duties. (If you can't raise you arm, have TOS, can't lift more than 15-20 lobs, I think its clear you are unfit to perform your duties- note this does not mean unfitness found by a PEB) Look at this again:

"Tier l
Refers to claims by Soldiers who are unfit to perform their military duties as a result of an injury, illness, or disease caused by military service. A determination of fitness for duty must be made by a military medical physician. Eligible Soldiers are paid full military pay and allowances, less any civilian earned income received during the month of the claim, and are not eligible to draw retirement points."

So, if you have no civilian earned income, there is nothing to subtract- you get full pay and allowances.

Sounds to me though, that the real issue and in some ways easier entitlement is that you should not have been taken off of orders in the first place. You have a wrongful discharge claim under 37 USC 204 (on the basis of active duty status, not reserve status in sub paras. g and h).
 
Oh, and this 30 day issue? That's on them to complete a LOD and finalize it in a timely manner. The DoDI on Incap http://www.dtic.mil/whs/directives/corres/pdf/124102p.pdf states:

6.4. Line of Duty Determination
6.4.1. Entitlement Prior to Line of Duty Determination. A Reserve component
member who incurs or aggravates an injury, illness, or disease while in a duty status described in DoD Directive 1215.6 (reference (g)) is authorized medical/dental treatment under 10 U.S.C. 1074 or 1074a (reference (b)), as applicable, and pay and allowances as provided under Sections 204(g) or (h) of reference (c) while the line of duty determination is being conducted. The line of duty findings will determine eligibility for continued medical/dental care, and pay and allowances.
6.4.2. Interim Line of Duty Determination. Under regulations prescribed by
the Secretary concerned, an appropriate approving authority shall issue an interim line of duty determination in sufficient time to ensure that pay and allowances will commence within 30 days of the date that the injury, illness, or disease was reported, unless there is clear and convincing evidence that the injury, illness, or disease was not incurred or aggravated in a duty status described in DoD Directive 1215.6 (reference (g)) and not covered under Sections 1074 or 1074a of reference (b) or Sections 204(g) or 204(h) of reference (c), or was due to gross negligence or misconduct of the member."

Per AR 600-6-4, Informal LODs are to be completed in 40 days and Formal LOD investigations are to be completed within 75 days. Taken together, I would argue that they have no authority to terminate based on the interim finding you ILOD and their failure to meet timelines (indeed, AR 135-381 states,

1–11. Duration of incapacitation pay
a. Incapacitation pay will be paid only during the period a member remains unfit for military duty or demonstrates a
loss of earned income as a result of the incapacitation.
b. Payment in any particular case may not be made for more than 6 months without review of the case by
appropriate headquarters as outlined in paragraph 3–6.
c. To insure that continuation of incapacitation pay is warranted under this regulation, a review will be made every 6
months.
d. Incapacitation pay will continue as long as the conditions warranting the incapacitation pay exist and the
approving authority determines that it is in the interest of fairness and equity to continue the payment.
e. When incapacitation lasts for over a year, the case should be processed through the DES for disability separation
or retirement. Incapacitation pay will end upon retirement, separation for physical disability, or determination by
military service medical personnel that the member has recovered sufficiently to perform military duties, when actually
returned to military duty, whichever occurs first.
f. Review of individual cases will commence far in advance of the end of each 6-month period so as to ensure that
incapacitation pay will not be interrupted if it is determined that it should be continued.
g. The following procedures must be followed:
(1) The pay will not be terminated due to administrative oversight.) Seems like an admin "oversight" or complete failure to meet their duty obligations.
 
I was assuming you were unable to perform military duties. (If you can't raise you arm, have TOS, can't lift more than 15-20 lobs, I think its clear you are unfit to perform your duties- note this does not mean unfitness found by a PEB) Look at this again:

"Tier l
Refers to claims by Soldiers who are unfit to perform their military duties as a result of an injury, illness, or disease caused by military service. A determination of fitness for duty must be made by a military medical physician. Eligible Soldiers are paid full military pay and allowances, less any civilian earned income received during the month of the claim, and are not eligible to draw retirement points."

So, if you have no civilian earned income, there is nothing to subtract- you get full pay and allowances. QUOTE]

Third, the sections you highlighted pertain determining eligibility to go on INCAP, not being taken off of INCAP. The military doc did evaluate you and determined that you were eligable for INCAP before we even submitted your May INCAP packet because he knew you were going to have the surgery completed, I know this because I spoke directly with SGT Shockley at State who talked to the military doc to see if you would be eligable.

this second quote is directly from an email from my BN Med NCO and is in reference to the first quote. then he also says this next quote when i asked him about why i was never advised of the ADME program, i will admit that i asked him about it almost two weeks ago but as you should be able to see he thinks that that was back in june 2008 when my TOS was discovered by a guard PA after the head of the WW program that was starting up at Rucker called me a facker and a "cocksucker" and to quit trying to drag out my time on active duty and let someone else come to flight school.

I know I talked to you about ADME and the fact that State has only had 2 packets approved in the last 10 years so that INCAP would be the best, quickest, and easiest way to go. Plus the fact that you wouldnt have to PCS or drive back and forth to an Active Duty Instalation on a daily basis.
 
Clearly, they are playing stupid- and playing it very well. Bottom line, you should get paid. I tend to favor suing them in cases like this but the other choice is to go to BCMR.
 
I was assuming you were unable to perform military duties. (If you can't raise you arm, have TOS, can't lift more than 15-20 lobs, I think its clear you are unfit to perform your duties- note this does not mean unfitness found by a PEB) Look at this again:

"Tier l
Refers to claims by Soldiers who are unfit to perform their military duties as a result of an injury, illness, or disease caused by military service. A determination of fitness for duty must be made by a military medical physician. Eligible Soldiers are paid full military pay and allowances, less any civilian earned income received during the month of the claim, and are not eligible to draw retirement points."

So, if you have no civilian earned income, there is nothing to subtract- you get full pay and allowances.

Sounds to me though, that the real issue and in some ways easier entitlement is that you should not have been taken off of orders in the first place. You have a wrongful discharge claim under 37 USC 204 (on the basis of active duty status, not reserve status in sub paras. g and h).

I also forgot they are stating that if i can sit at a desk and answer a phone i am fit for duty, i dont have to be fit for my MOS/ AOC, and they claimed that my commander could determin me fit for duty even though a doctor had not seen me. Also, my CO Commander is in Afganistan right now and i guess the BN XO, who was the HSC Commander 5 years ago is dealing with everthing. Come to find out when my incap packet was signed off by the company and BN he signed off on it, then it turns out it went to BDE and the adjunt looked it over after he held it for 3 weeks and sent it back to him since he has the BDE CO's signing Authority and again it sat there for 3 more weeks. Now its been returned 4 times by state for corrections that BN fixed and sent back, all the while no one tells me anything even when i request it. i have involved ESGR for the civilion side who said there are ADA issues and DOL-VETS issues and FMLA issues so i now have to contact all 3 of them. And yes i am now looking into lawyers here for both the guard side and my civilian employer side who continues to allow pregnant women to interact with inmates on a daily basis, one on one and with only one officer standing by but wouldnt aloow me to walk into the building or any other county building, other then HR.

what do i need to file for the back pay?
 
My unit has finally said that I am able to receive INCAP pay. I have read through the posts as well as DA PAM 135-381 and have not found how early INCAP pay documents can be submitted. I was taken off ADSW orders on September 30th and have received no pay for the month of October. I have one LOD that has been approved for my lower lumbar region as well as another for my left knee that has not yet finished proccessing. I am getting surgery on my knee tomorrow per approval of my state. They are telling me that I cannot submit October pay requests until November 1st and that more than likely I will not receive the pay until the last week of November or first week of December. Is this true? Do I have to wait that long to receive pay for the month of October? That is 2 rent payments as well as double all other bills and expenses that I will not be able to pay. I am aware that I have not experienced anywhere near the amount of time delayed that others have, I just do not want to end up in their situations. I need to receive the income asap to make sure bills do not lapse, children are fed, etc. Can anyone direct me to any other regs stating when the pay can be submitted? I was told by someone outside of my unit that I could have applied back in September before the orders were cut to make sure pay did not delay. I just wasn't aware of the INCAP option at that time. Thanks for any help.
 
My unit has finally said that I am able to receive INCAP pay. I have read through the posts as well as DA PAM 135-381 and have not found how early INCAP pay documents can be submitted. I was taken off ADSW orders on September 30th and have received no pay for the month of October. I have one LOD that has been approved for my lower lumbar region as well as another for my left knee that has not yet finished proccessing. I am getting surgery on my knee tomorrow per approval of my state. They are telling me that I cannot submit October pay requests until November 1st and that more than likely I will not receive the pay until the last week of November or first week of December. Is this true? Do I have to wait that long to receive pay for the month of October? That is 2 rent payments as well as double all other bills and expenses that I will not be able to pay. I am aware that I have not experienced anywhere near the amount of time delayed that others have, I just do not want to end up in their situations. I need to receive the income asap to make sure bills do not lapse, children are fed, etc. Can anyone direct me to any other regs stating when the pay can be submitted? I was told by someone outside of my unit that I could have applied back in September before the orders were cut to make sure pay did not delay. I just wasn't aware of the INCAP option at that time. Thanks for any help.

You can get the paper work from your end into them as soon as you want but they wont process it untill the begining of the month following. So if you didnt work in October you turn in you paperwork lets say OCT 25 so that they can process it and hopefully have it to pay NLT 1-2 NOV and usually as ive seen you get padi 10 days later. so your looking at 11-12 NOV, if your lucky and theres no holidays, or as happened to me the pay clerks out sick for several days. If you turn it in a few days early your usually going to get paid somewhat quickly, i did and am now waiting for aug and sept pay, but my unit is being a big bunch of a-holes.
 
Thank you for the quick response, thought it would take a few days. I will get the paperwork in as soon as I can and hope for the best. Thanks again.
 
Thank you for the quick response, thought it would take a few days. I will get the paperwork in as soon as I can and hope for the best. Thanks again.

the trickiest / longest thing i found is waiting on the others on your end, ie the doctor and your employer, to do thier part of the monthly claim form.
 
I just wanted to let everone know that i was just informed from my state that you CAN receive a partial months payment. I had to call the IG and file a complaint, i had been requesting this since AUG.
 
(1) The pay will not be terminated due to administrative oversight.[/B]) Seems like an admin "oversight" or complete failure to meet their duty obligations.

can anyone tell me is this cumlitive or does it run one after the other? Also 600-6-4 does not exist it is 600-8-4. below is the table from the AR.

Table 3-2. Processing formal investigations

Person: MTF commander (commander having physical or administrative responsibility for the MTF in which soldier is treated or pronounced dead)
Action: Complete 5 copies of section 1, DA Form 2173 . Send the original and 3 copies to the soldier's unit commander and 1 copy to the supporting MILPO. An extra copy of DA Form 2173 will be prepared for ARNG personnel attending Service school under the jurisdiction of the Army or on ADT under the Reserve Enlistment Program of 1963 (REP-63). This copy will be filed in the soldier's field MPRJ, which is returned to the State AG at the end of service school or ADT. For USAR and ARNG personnel who are injured during IDT and are treated by a civilian doctor, the doctor and the unit commander should complete DA Form 2173. When the incident occurrs while the soldier is away from his unit (that is, on leave, in transit, AWOL, and so forth), complete section 1, DA Form 2173, and send to the nearest Army unit with an appointing authority (State MILPO for ARNG) in the area of the MTF. However, when the incident occurs during a period when the soldier and his unit are training or on another exercise away from the parent installation, complete section I, DA Form 2173, and send to the parent installation CAC (State MILPO for ARNG). The MTF commander will provide the supporting documentation requested by the parent installation, MILPO, or responsible unit commander. The MTF will send the original and 4 copies to the State MILPO for the soldier's unit if the soldier is not Federalized and/or attending an Active Army Service School.
Completion time: 5 calendar days after incident or initial treatment (see note 1 ). Person: Individual's unit commander
Action: Request DA Form 2173 from MTF if not previously received.
Completion time: No later than 10 days after incident (see note 1). Person: Individual's unit commander
Action: Complete section 2, DA Form 2173; attach supporting documents; and send original and 3 copies to the LD appointing authority.
Completion time: 30 calendar days after incident (see note 1). Person: Appointing Authority
Action: Appoint a disinterested officer in writing to conduct the investigation. The same officer should be appointed to investigate all injuries or deaths that occurred as a result of a single incident. Officers who can offer evidence in the case and soldier's unit commander will not be appointed as the investigating officer. (The investigating officer may also be appointed to investigate a claim or possible future claim in accordance with AR 27-20 if a separate claim's investigation is required. The LD investigation will be in lieu of the investigation by a claims officer required by AR 27-20 if the injury or death of the person whose LD status is being investigated is the only basis for claim against the Government of other party or agency.)
Completion time: 35 calendar days after incident (see note 1). Person: Investigating officer
Action: Conduct a formal LD investigation as outlined in this regulation, make a report on DD Form 261 , and send original and 3 copies to the appointing authority.
Completion time: 50 calendar days after incident (see note 1). Person: Appointing Authority
Action: Review the investigation and complete the block titled "Action by the Appointing Authority" on DD Form 261. Retain 1 copy of the report and send the original and 2 copies to the final approving authority (or reviewing authority for ARNG). When the soldier is in the ARNG on duty under 32 USC 503, 504, or 505, the appointing authority will send the original and 2 copies of the report of investigation to the State MILPO from which the individual was ordered to duty. The State AG is the reviewing authority. USAR units conducting LD investigations will submit the LD investigation to the CAC having jurisdiction over the area where the injury occurred for final processing. (See note 2 .)
Completion time: 65 calendar days after incident (see note 1). Person: Reviewing Authority (ARNG only)
Action: Review the investigation, complete the block titled "Action by the Reviewing Authority" (see notes 2 and 3 ) on DD Form 261, and send the original and 2 copies to final approving authority.
Completion time: 70 calendar days after incident (see note 1). Person: Final Approving Authority
Action:
a. Review the LD investigation and enter the official designation of the headquarters, the date, approval or disapproval of the determination (see below), signature, and signature block. (See note 3.) For disease, injury, or death, use one of the following:
(1) If approved, BY AUTHORITY OF THE SECRETARY OF THE ARMY;
(2) If disapproved, substitute the following: Reasons for disapproval are: (give reasons) BY AUTHORITY OF THE SECRETARY OF THE ARMY
b. Distribute as follows:
(1) Death — Retain one copy and send the original and one copy to HQDA (AHRC-PED-S), Alexandria, VA 22332. (See note 4 .)
(2) Disease or injury — Retain one copy and send original to the custodian of the soldier's OMPF. For officers: HQDA (AHRC-MSR), Alexandria, VA 22332-0444; for enlisted: Commander, U.S. Army Enlisted Records and Evaluation Center, Fort Benjamin Harrison, IN 46249-5301; for USAR personnel: Commander, USA HRC, 1 Reserve Way, St. Louis, MO 63132-5200; for ROTC cadets: in accordance with AR 145-1 ; and one copy to the soldier being investigated. (See note 4.)
c. Criminal Investigation Division reports and classified material will not be included in the copy sent to the soldier.
d. If determination is "not in LD," final approving authority must also take appeal action in paragraph 4-17 .
e. A copy of an LD investigation should be returned to the initiating MTF on all injuries concerning USAR and ARNG soldiers on AD for 30 days or less, or IADT, when they are patients.
f. The CNGB will retain the original. The CNGB will return one copy to the State AG. The State AG will annotate all copies to show final action taken by the CNGB and distribute one copy to each of the following:
(1) CNGB for file.
(2) State USPFO.
(3) Unit commander for file in the soldier's MPRJ.
(4) The soldier in accordance with paragraph 3-12 .
Completion time: 75 calendar days after incident (see note 1).
 
can anyone tell me is this cumlitive or does it run one after the other?
The time is cumulative...it runs from the time of the incident (or if the condition develops later into a disability after a period of time, from when it impacts your duty performance).

Also 600-6-4 does not exist it is 600-8-4.
That is what is known as a typo. AR 600-8-4 is the correct regulation.
 
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