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Incap And Va Pay At The Same Time With No Offset
Posted 16 April 2012 - 01:21 PM
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.
Posted 20 April 2012 - 10:41 AM
Posted 20 April 2012 - 04:06 PM
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.
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.