Jump to content


Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  Tbird : (22 November 2014 - 04:54 PM) Tbird Accepted To 2015 Conference: V-Wise: Another Entrepreneurship Project Of The Whitman School Of Management Http://ow.ly/ej9Qg
@  Tbird : (22 November 2014 - 04:13 PM) Arng11 Thank You For Your Contribution To Our Funding Campaign.
@  britton : (22 November 2014 - 02:57 PM) Thank You Ms T For Starting This Web Site For All Veterans, You Helpd Me And My Family And I'll Be Forever Gratful To You & Hadit.com
@  Tbird : (22 November 2014 - 08:19 AM) Thank You All For Helping With The Funding The Site. It Is Really Helping!
@  Tbird : (22 November 2014 - 08:18 AM) Britton Pm Me And I. Can Check This Out For You
@  britton : (22 November 2014 - 06:44 AM) What Does ''you Missed Your Quota For Postives Votes Today'' Mean??
@  coriemboh : (19 November 2014 - 08:29 AM) Hold Time For Peggy Was Approximately 1 Minute. That Was 17 Minutes Ago. They Really Need To Change This Hold Music.
@  Tbird : (17 November 2014 - 02:42 PM) Stretch Thanks For The Extra Contribution To Our Fundraiser This Month.
@  maxwell18 : (16 November 2014 - 09:04 PM) I Still Have To Bitch About The Navy Hosp Cutting My Meds By 2/3 On My Norco. I Contacted Customer Service Or What Ever You Want To Call It Who In Turn Contacted The Navy Hosp Pensacola Commander Who In Turn Did Nothing. Thanks To All The People That Are Affair Of There Jobs And I Feel That Medical Malpractice Should Come Into Place. I Guess Just Do What Ever They Want To Because They Can, But Don't Give A Sh T For The Vets That Suppose To Being Supporting From All The Military  organizations. This Is Not The Way They Have Been Trained And Promised To Do. 
@  carlie : (16 November 2014 - 11:26 AM) Delayed Onset Tinnitus - Ref To Va Training Letter 10-028 - Link - Http://veteranclaims.wordpress.com/2014/05/06/single-Judge-Application-Va-Training-Letter-10-028-Delayed-Onset-Tinnitus/
@  carlie : (16 November 2014 - 11:03 AM) Here's A Good Tinnitus Link To Check Out From M21-1 Change Dated Jan 10,2014 - Http://veteranclaims.wordpress.com/tag/section-B-Duty-Military-Occupational-Specialty-Mos-Noise-Exposure-Listing-Fast-Letter-10-35-Tinnitus-Hearing-Loss-Vbms-Rating-Decision-Tools/
@  Asiadaug : (16 November 2014 - 02:08 AM) "rolled" Not Ruled! :)
@  Asiadaug : (16 November 2014 - 02:07 AM) Thanks. I Have Seen The Fast Ltr 10-35 And Have Seen Cases Where The Va Has Apparently Agreed That Tinnitus Can Have Delayed Onset. I Did Not In Looking Over The Fast Ltr See Where They Had Ruled 10-028 Into That. And, I Am Not Sure In The Vas Issuance Of ‘policy’ Type Letters How They Might Roll In Previous Instructions Into Newer Ones. Maybe There Is Some Intranet Traceability Capability? I Was Just Curious As There ‘appeared’ To Be Conspicuous Absence Of That 10-028. I Am Assuming 10-028 Was Written In 2010. But It May Be I Should Not Assume Anything.
@  carlie : (15 November 2014 - 05:56 PM) Asiadaug - You Might Be Looking For Fast Letter 10-35, Http://www.hadit.com/forums/topic/40962-Va-Fl-10-35/ Also Check Out This Link To Links For Delayed Onset Tinnitus - They All Refer Back To Fast Letter 10-35, Https://www.google.com/webhp?sourceid=Chrome-Instant&ion=1&espv=2&ie=Utf-8#q=Tinnitus, Delayed Onset, Va Fast Letter
@  Tbird : (15 November 2014 - 07:50 AM) Asiadaug Searched All Over For Va Training Letter 10-028 But No Luck So Far.
@  Asiadaug : (15 November 2014 - 02:12 AM) Several Cases I've Run Across Mention Va Training Letter 10-028 With Apparent Discussion About Delayed Onset Of Tinnitus. I Have Been Unable To Locate That Trng Ltr. Any Suggestions?
@  Tbird : (12 November 2014 - 05:56 PM) Stretch Thanks For Contributing To Our Fundraising Campairg
@  Tbird : (12 November 2014 - 04:01 AM) Atomicwidow Thank Your For Donating To Our Funding Campaign.
@  Tbird : (11 November 2014 - 07:00 AM) Veterans Day 2014 - Veterans Thank You For Your Service And Your Sacrifice.
@  Tbird : (10 November 2014 - 07:19 AM) Semper Fi Marines


Incap And Va Pay At The Same Time With No Offset

This topic has been archived. This means that you cannot reply to this topic.
4 replies to this topic

#1 jack81mm


    E-3 Seaman

  • Seaman
  • PipPipPip
  • 28 posts

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.


#2 Chuck75


    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPip
  • 1486 posts

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.



    E-2 Recruit

  • Seaman
  • Pip
  • 3 posts

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



    E-2 Recruit

  • Seaman
  • Pip
  • 3 posts

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


    E-3 Seaman

  • Seaman
  • PipPipPip
  • 28 posts

Posted 30 April 2012 - 11:24 AM


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.