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@  chuck57thSig : (30 October 2014 - 05:51 PM) Sarti07, It's Under (Va Claims And Research) Http://www.hadit.com/forums/topic/59064-Prep-For-Decision-Phaseprovisional-Rating/
@  sarti07 : (30 October 2014 - 02:43 PM) Hello, I Just Posted A Topic About Prep For Decision.. I Have No Idea Where To Find It! Lol
@  carlie : (28 October 2014 - 03:42 PM) Reelnrod - Just Pick A Topic That Corresponds To Your Stuff And Post It
@  reelnrod : (28 October 2014 - 10:11 AM) So, How Do I Post A Topic?
@  Thadine : (28 October 2014 - 08:21 AM) Irrrl
@  Thadine : (28 October 2014 - 08:18 AM) Fishing License
@  Thadine : (28 October 2014 - 08:14 AM) Thadine Quick
@  red : (27 October 2014 - 12:14 PM) Anyone Heard Any Updates On Flying Space A For 100% Disabled Vets?
@  maxwell18 : (27 October 2014 - 10:49 AM) I Did Contact My Congressman Jeff Miller, Let's See What Will Happen
@  maxwell18 : (27 October 2014 - 10:48 AM) @britton
@  Tbird : (27 October 2014 - 04:26 AM) Thank You Larry S For Your Contribution To Our Funding Campaign
@  britton : (26 October 2014 - 07:33 PM) Everyone (Veteran's) Should Recive A Memo From The Dept Of Veterans Affairs ****notification Of Medication Scheduling Change****
@  britton : (26 October 2014 - 07:24 PM) Meds That Are Consider To Be Schedule Ii Narcotic...pain Meds Like Hydrocodone Ectt Ect,,
@  britton : (26 October 2014 - 07:22 PM) As I Understand We Only Can See The Va Dr's Every 28 Days To Renew Our Prescription Meds A New Law Went Into Effect Oct 6Th 2014....i Only See Problems Problems Problems With This...grrrrr
@  maxwell18 : (26 October 2014 - 03:52 PM) This Is Maxwell18 Would The Person Who Contacted Me (Vern2) Please Contact Me Again, I Attemped To E Mail You It Returned No Reply. Thanks
@  Tbird : (26 October 2014 - 05:12 AM) Thank You Maxwell18 For Your Contribution To Our Funding Campaign.
@  Notorious Kelly : (25 October 2014 - 07:53 PM) Max- Contact Your Congressman- Dea Has Got Docs So Cowed They're Afraid To Dispense Tylenol
@  maxwell18 : (25 October 2014 - 07:10 PM) Anybody Having Problems Getting Pain Pills (Norco) Filled Us Navy Base (Nas Whiting Fld Milton Fl). Had A Prescription For 90 Norco Pills For 30 Days, 3 A Day For Pain, Got 30 For 30 Days. That Will Last Me 10 Days. Another Thing That Our Government Is Screwing With Us. I Don't Know What To Do, Don't Want To To The Va, Don't Know What They Will Either. Anybody Goy Any Ideas. 
@  Burt : (25 October 2014 - 10:28 AM) Does Anyone Else Here Wear A Don Joy Armor Knee Brace From The Va?
@  red : (24 October 2014 - 10:10 AM) Any News On Space A Flying?

Photo

Incap And Va Pay At The Same Time With No Offset


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4 replies to this topic

#1 jack81mm

 
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Posted 16 April 2012 - 01:21 PM

Current guard soldier here not attending drills due to service connected injuries and awaiting a MEB. Anyone have any experience receiving INCAP and VA at the same time for injuries with approved LOD? Ar 135-81 state one cannot receive both for the SAME condition. MOST regs like 37 usc sec 204 g, h and i, m21 -1mr pt III sub v. CH 4 sec C 11.b and DOD vol 7a CH 57 dont state anything about draw both but The earned income is subtracted from INCAP. Period. VA is not considered earned income, right? VA even states in VAOPGCPREC 10-90 Incap and VA that each is considered different pays but either DOD or DFAS is ignoring this.

Anyone also receiving both but for different conditions? And if so, how did you go about this? Seems if you had more than one condition that prevents you from working and had approved LODs on both you would apply for INCAP for the condition you are not currently being rated for by the VA so as to draw both INCAP and VA. Make sense? DoD is not accepting their own regs and subtracting VA pay from the INCAP.

Need all available experiences.

THX JACK

#2 Chuck75

 
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Posted 20 April 2012 - 10:41 AM

You can bet your bippy that the government will reduce liability when the laws don't specifically prevent them from doing so.

#3 TSUSA

 
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Posted 20 April 2012 - 04:05 PM

Going through the same thing too. Check this out
http://states.ng.mil...Issue 4 (Oct 08).pdf

#4 TSUSA

 
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Posted 20 April 2012 - 04:06 PM

You need to copy the whole link.

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 initiate
an incap pay claim. Guard and Reserve Members can receive payments for up to six months but may be extended
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 compensation
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.

#5 jack81mm

 
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Posted 30 April 2012 - 11:24 AM

TSUSA,

Please post your link again. It wasnt a good link and says not found. THX.

Also do you have POC for NGB Judge Advocate office referring to both VA and INCAP pay.

Last week I spoke with 2 different people at NGB that claim to process INCAP. They both stated cant receive both and they go by 135-381 and nothing else. Regards to different injuries on VA and INCAP they both also stated that INCAP is decided on a case by case basis. Obviously they didnt want to give out any info. They want to prevent anyone from using this reg against them.

Please advise.