Hey All,
If you were in the Guard or Reserves drilling and were medically unable to work your normal civilian employment or found Unfit for Duty because of a service connected (LOD) injury, then chances are you were/are due Incapacitation pay (INCAP pay).
If that applies to you, or another service member you know, GET THE WORD OUT, and tell your story here. The Guard it seems has a bad habit of not letting anyone know it exists, and if they do find out, flat out lying to deny it. They're stealing benefits from Soldiers just when they need them the most.
WHAT'S YOUR STORY, Here's mine...
For the last several months I have been out of work due to a spinal injury that was incurred in combat in 2005. I underwent multiple surgeries for it in 2006, but there was a lot of damage much of it not addressed at the time.
In 2005 in combat the injury was well documented, but the unit failed to do an LOD. So in 2006 I wound up on my own for the surgeries, even though my Guard unit was aware it was a combat related injury. For months I was incapacitated, with multiple surgeries and rehab.
Recently I stumbled across the regulation AR 135-381 and DA PAM 135-381. If you're unable to work, losing wages, or found medically Unfit for Duty do to an LOD injury, YOU'RE PROBABLY DUE INCAP PAY.
In 2013 the pain and numbness had returned to the point I could no longer work and was forced to seek medical treatment for the damage untreated in 2006. When I was finally seen by a military physician, I was also found Unfit for Duty and have since not been able to drill.
In early December I formally requested INCAP pay through my unit, and my command has been offering one lame excuse after another of why I won't be submitted for it. By refusing to submit it at the unit level (what I've found to be a common tactic) it never gets presented or ruled on by the Incapacitation Review Board. The Office of the State Surgeon is telling units NOT to SUBMIT, in order to deny DUE PROCESS.
Here's the list of shameful LIE's units have used to deny submission. Remember no matter what the unit commander does not have the authority to deny it at all, but that doesn't stop them from LYING and DENYING.
1.Only applies to Active Duty* - LIE
2.Need to have surgery to be eligible - LIE
3.Not for past LOD injuries* - LIE
4.Not eligible for any other period once you’ve been returned to duty* - LIE
5.No money in the budget - LIE
6.You make more from the VA than drill and AT pay - LIE
7.Omission – just not letting you know it’s available* - LIE
8.Must be a new LOD to count* - LIE
9.If you drew VA benefits, you’re not eligible for long overdue INCAP - LIE
10.Unit Commander can refuse to submit the cliam* - LIE
11.You just don't qualify... - LIE
12.Program doesn't exist anymore - LIE
* LIES they've told me personally... so far
Tell your story, and stop them from cheating injured Soldiers.
Thanks all,
Staff Sergeant, Combat Infantry Sniper, multiple tours
If you were in the Guard or Reserves drilling and were medically unable to work your normal civilian employment or found Unfit for Duty because of a service connected (LOD) injury, then chances are you were/are due Incapacitation pay (INCAP pay).
If that applies to you, or another service member you know, GET THE WORD OUT, and tell your story here. The Guard it seems has a bad habit of not letting anyone know it exists, and if they do find out, flat out lying to deny it. They're stealing benefits from Soldiers just when they need them the most.
WHAT'S YOUR STORY, Here's mine...
For the last several months I have been out of work due to a spinal injury that was incurred in combat in 2005. I underwent multiple surgeries for it in 2006, but there was a lot of damage much of it not addressed at the time.
In 2005 in combat the injury was well documented, but the unit failed to do an LOD. So in 2006 I wound up on my own for the surgeries, even though my Guard unit was aware it was a combat related injury. For months I was incapacitated, with multiple surgeries and rehab.
Recently I stumbled across the regulation AR 135-381 and DA PAM 135-381. If you're unable to work, losing wages, or found medically Unfit for Duty do to an LOD injury, YOU'RE PROBABLY DUE INCAP PAY.
In 2013 the pain and numbness had returned to the point I could no longer work and was forced to seek medical treatment for the damage untreated in 2006. When I was finally seen by a military physician, I was also found Unfit for Duty and have since not been able to drill.
In early December I formally requested INCAP pay through my unit, and my command has been offering one lame excuse after another of why I won't be submitted for it. By refusing to submit it at the unit level (what I've found to be a common tactic) it never gets presented or ruled on by the Incapacitation Review Board. The Office of the State Surgeon is telling units NOT to SUBMIT, in order to deny DUE PROCESS.
Here's the list of shameful LIE's units have used to deny submission. Remember no matter what the unit commander does not have the authority to deny it at all, but that doesn't stop them from LYING and DENYING.
1.Only applies to Active Duty* - LIE
2.Need to have surgery to be eligible - LIE
3.Not for past LOD injuries* - LIE
4.Not eligible for any other period once you’ve been returned to duty* - LIE
5.No money in the budget - LIE
6.You make more from the VA than drill and AT pay - LIE
7.Omission – just not letting you know it’s available* - LIE
8.Must be a new LOD to count* - LIE
9.If you drew VA benefits, you’re not eligible for long overdue INCAP - LIE
10.Unit Commander can refuse to submit the cliam* - LIE
11.You just don't qualify... - LIE
12.Program doesn't exist anymore - LIE
* LIES they've told me personally... so far
Tell your story, and stop them from cheating injured Soldiers.
Thanks all,
Staff Sergeant, Combat Infantry Sniper, multiple tours