Incapacitation Pay and Treatment Terminated

IneedHelp

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Mar 14, 2013
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#1
I am ARNG. I have been on INCAP pay for a little over 18 months for an LOD I had while on active duty orders 24 months ago. (I was still on orders for 6 months before orders ended and I was put on INCAP) The treatment for my LOD is not complete and I am still supposed to get a second surgery prescribed by my neurosurgeon. The delays I have had come from military physicians taking too long to update my profile, health services not scheduling appointments, and delays from MMSO. I received a letter yesterday from a LTC who is president of the Incapacitation Review Board stating that all treatment is terminated as well as INCAP pay is terminated. That I will be given a permanent profile and sent back to active duty. I am still unable to perform military or civilian duties and it is documented by my neurosurgeon that my medical situation has deteriorated while on INCAP status. Can they cancel pay and treatment and send me back to to drilling status with a permanent profile? I am currently writing a letter for review reconsideration but want to know if they can even do what they are doing.
 

Ed Mercanti

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#2
Incap pay is supposed to be for a maximum of 6 months, just like workman's compensation. It can be extended in exceptional circumstances (they extend it a lot more freely than they used to). Since you're not in the process of being medically boarded, I can understand why they terminated your incap pay. But the CANNOT deny you follow-up medical care for a LOD condition. However, it has to BE for the LOD condition. For example, I remember a guy who collapsed on weekend drill and broke his nose. Turns out he was having an epileptic seizure. The Army paid for fixing his broken nose (it was LOD) but NOT for the testing and treatment of the epilepsy.
 

buckstr

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#3
Are they puting you back on active duty or back to a drilling status? If they put you back on active duty you would most likely be better off.
 

IneedHelp

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#4
That's also the part I do not understand. From what I have read in the regulations, like you said, the INCAP pay is 6 months unless authorized to extend. If after 12 months, the determination should be made as to whether or not the condition has sufficiently improved to put back on military duty or if service member should be processed through DES.

AR 135-381 Incapacitation of Reserve Componet Soldiers
Para 1-11 Part C, E, G
c. To insure that continuation of incapacitation pay is warranted under this regulation, a review will be made every 6 months.
e. When incapacitation lasts for over a year, the case should be processed through the DES for disability separation
or retirement. Incapacitation pay will end upon retirement, separation for physical disability, or determination by
military service medical personnel that the member has recovered sufficiently to perform military duties, when actually returned to military duty, whichever occurs first.
So with this, I should be processed through DES and then Med boarded correct? Would my continued care for the LOD still go through MMSO or is it something I would have to start seeing the VA about. So far I have dealt mostly with civilian physicians due to my distance from a military MTF. Also, if it is the case that I should go through MEB, does pay continue through that process? Thanks for the prompt response to the initial posting.
 
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