I have written a bit about my situation in other threads but I thought I would start one of my own.
I am 8 months into the incap application process and finally have an incapacitation board scheduled on the 20th. I want to thank everyone on this board for the information posted here. I could not have continued the fight without it.
One of the biggest roadblocks that was thrown at me by the HHS who's desk my packet glued too was that I had the DA Form 7574-1 filled out by a VA doctor. It states in the form instructions that VA doctors are authorized to indicate a fitness for military duty. Long and short of it, we got JAG involved. I JAG captain wrote a memo to the board indicating I was not eligible for incap because a military dr did not fill out the form. I wrote a response indicating the DA PAM 135-381 that included an example of the DA Form 7574-1 with the same instructions and the section of the PAM that said form must be filled out by a government medical physician. The JAG office seems to have changed their position on this now and my packet is going to the board.
One of the other issues I took up was the offset of VA compensation from incap pay. I found the federal laws that are violated by the offset. I addressed this in the memo that I also pointed out that the VA dr is authorized to sign the DA form. I am attaching it to this post. Any feedback would be greatly appreciated.
Jason, I would appreciate your thoughts on the merits of this memo.
After the conclusion of my board or when I know the outcome, I am thinking of writing an incap pay guidebook for soldiers and administration. Most of the delay I have faced has been due to the fact my chain of command seemed to know little to nothing about incap and what they did know was screwed up.
I am 8 months into the incap application process and finally have an incapacitation board scheduled on the 20th. I want to thank everyone on this board for the information posted here. I could not have continued the fight without it.
One of the biggest roadblocks that was thrown at me by the HHS who's desk my packet glued too was that I had the DA Form 7574-1 filled out by a VA doctor. It states in the form instructions that VA doctors are authorized to indicate a fitness for military duty. Long and short of it, we got JAG involved. I JAG captain wrote a memo to the board indicating I was not eligible for incap because a military dr did not fill out the form. I wrote a response indicating the DA PAM 135-381 that included an example of the DA Form 7574-1 with the same instructions and the section of the PAM that said form must be filled out by a government medical physician. The JAG office seems to have changed their position on this now and my packet is going to the board.
One of the other issues I took up was the offset of VA compensation from incap pay. I found the federal laws that are violated by the offset. I addressed this in the memo that I also pointed out that the VA dr is authorized to sign the DA form. I am attaching it to this post. Any feedback would be greatly appreciated.
Jason, I would appreciate your thoughts on the merits of this memo.
After the conclusion of my board or when I know the outcome, I am thinking of writing an incap pay guidebook for soldiers and administration. Most of the delay I have faced has been due to the fact my chain of command seemed to know little to nothing about incap and what they did know was screwed up.