VA compensation and Military incap pay

dwayne_gaertner

PEB Forum Regular Member
This is straight from the VA question and answer line i had asked about if i could collect VA disabilty compensation/ or pension as well as collecting Incap pay. This is the answer I recieved. Also Here is a link from the NGB (national Guard Bureau) Stating the same thing http://www.taapmo.com/Warrior Support News October 08.pdf. The
Army Regulation 135–381 dated may 22nd of 2008 is outdated as of Oct of 2008
http://www.apd.army.mil/pdffiles/r135_381.pdf
The information i have submitted has corrected the form as of Oct 2008 as well as having the VA itself clarify this issue as of June 16 2011. I hope this helps any other soldiers with the same question i had.


Discussion Thread Response via Email Via Email (Department of Veterans Affairs)06/21/2011 10:41 AMDear Mr. Gaertner:

This is in response to your inquiry to the Department of Veterans Affairs (VA) dated June 16, 2011.

Concurrent receipt is permitted. Disability pay (or incapacitation pay) for Reserve or National Guard duty has been substantially altered so that concurrent payment of VA compensation and pension benefits and military disability pay is now permitted.

For further study, here is the manual reference:

M21-1MR, III.v.4.C.11.b (see last paragraph).

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

Donovan W. Thompson
National IRIS Response Center Manager
tp

How to Contact VA:

On line:
U.S. Department of Veterans Affairs

By phone:
(800) 827-1000
(800) 829-4833 (TDD hearing impaired)

By fax:
(612) 970-5414

By letter:
U.S. Department of Veterans Affairs
St. Paul VA Regional Office
Bishop Henry Whipple Fed. Bldg.
1 Federal Drive
St. Paul, MN 55111-4050 [---001:001710:41300---]
 

Cavmedic68w

PEB Forum Regular Member
Registered Member
Sorry to dig up an old thread but is this correct? I am now having issues and people are referring me to old regs. The DoD 7000.14-R, VOLUME 7A, CHAPTER 57 has been updated (DEC 2010) for incap pay but only mentions earned income. No where is the VA mentioned. The US code 37, 204 is basically the same thing...just earned income.

I have been told that concurrent receipt is now allowed but I think (not sure) that this has changed.

I saw the pamphlet from taapmo also.

Thanks
 

dwayne_gaertner

PEB Forum Regular Member
Yes the dod doc and the VA email are up to date, I had dod confirm that the doc was up to date in which i can post if needed. Also the VA reg is current this has been Stated by MN Congress, Sec. of Army, and my ARNG unit, as they are currently backing paying to 2010. As i was explained The VA disability rating is for the injury (unless you get 100% rating for individual unemployability) and incap pay is for being unable to gain income from current employment(which you have to prove you have a job and employer but cant work unless you have a union this might be hard). The reg states this is ONLY for reserve/ng. The only thing about incap is 6m-1y they will only pay past 1 year if your injury is severe enough to warrent it and it would have to be signed off by Sec. of Army. In my case it was warrented and is being back paid to 2010 only because meb/peb process were not started till 2012.
 

incap2013

Well-Known Member
Registered Member
I have a quick question about what is written below:

Does anyone have any written updates to AR 135-381 or DoD Directive 1241. ?

I am preparing to turn in INCAP documents and am expecting that they will try to reduce my VA pay.

What do you mean what you say "corrected the form?"

thank you, j.a.

tating the same thing http://www.taapmo.com/Warrior Support News October 08.pdf. The
Army Regulation 135–381 dated may 22nd of 2008 is outdated as of Oct of 2008
http://www.apd.army.mil/pdffiles/r135_381.pdf
The information i have submitted has corrected the form as of Oct 2008 as well as having the VA itself clarify this issue as of June 16 2011. I hope this helps any other soldiers with the same question i had.
I also found this in a this bulletin http://www.taapmo.com/Warrior Support News October 08.pdf

Incap Pay and VA Compensation Extra Earnings For Your Military Service
Incapacitation (incap) pay is pay and allowances that a member of a reserve component is entitled to, whenever the member is physically disabled as the result of an injury, illness, or disease incurred or aggravated in the line of duty while on active duty or inactive duty training status. It is the Guard member’s responsibility to initi-ate an incap pay claim. Guard and Reserve Members can receive payments for up to six months but may be ex-tended in special cases. However, these benefits are offset by any nonmilitary earned income (such as pay from an employer) received concurrently with the military disability pay.
Does incap pay affect VA disability compensation? The short answer is no because VA disability compen-sation is not considered earned income. The VA’s Office of General Counsel addressed the question of whether VA should withhold compensation payments while members receive incap pay in April 1990 and decided that there is no prohibition against receiving incap pay and VA disability compensation at the same time. The National Guard Bureau’s Judge Advocate General’s office agrees that incap pay and VA disability pay can both be paid simultaneously.
 

wawarvet

PEB Forum Regular Member
Registered Member
I submitted a request for incapacitation pay 8 months ago. I got into a head butting contest over the reg with the HHS with G1 assigned to process my application. He has been holding up sending my application to the incap board for one reason or another. He is demanding to know how much I get paid by the VA and instructing me to count it as earned income on the DA 7574. He refuses to process the packet until I give him figures so he can offset the incap pay. I have pointed out to him that VA comp is not income and should he need to know how much the VA has paid me he should get that figure from the VA. This pissed him off. I did some research through this site and by back tracking regulations, DODIs and federal laws referenced in DA Forms and regulations. I found that it is a violation of federal law to with hold funds from soldiers paychecks without statutory authority or a legitimate debt. Because the VA has the position that concurrent payment is ok, there is no over payment and with no over payment, no debt is incurred. As such, there is no statutory authority allowing the reserves or Guard to do an administrative offset on behalf of the VA when it comes to incap pay. I am attaching the memo that I sent to the HHS and to JAG.

Jason, could you let me know what you think of this memo? I know there has been alot of talk in regards to VA come and incap pay but I think this might be the right line to take to get the Reserves and Guard to stop taking money from VA comp.
 

Attachments

sbarq1

Active Member
PEB Forum Veteran
Registered Member
So does the VA need to be notified of the INCAP payments? I just received back pay and don't want to mess with it if it needs to be repaid. Who exactly do I notify of the INCAP?
thanks
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
Hello,

Recommend you speak with your Human Resources Command regarding entitlement and procedures.

See page 15 for information regarding payments.

DoDI 1241.01, April 19, 2016
INCAP Pay and VA Compensation LINK <---LINK

Related Army Regulation LINK <---


Invitation: @Guardguy11

Good luck,
Ron

Edited to add:
Reference: DoD 7000.14-R Financial Management Regulation Volume 7A, Chapter 57 * October 2018
*570604. Incapacitation Pay/Disability Entitlements for RC Service Members
LINK to reference <---
 
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