Incap, VA doctors, and VA offset...

wawarvet

PEB Forum Regular Member
Registered Member
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.
 

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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.
 
Outstanding. Memo will be helpful to me as I'm in similar situation. Hope you do write the book, and you are right on target about lack of command knowledge of the process. I've had three surgeries from LODs while deployed, and have not received $1 in pay from the Guard, nor any medical care...
 
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