Cancer In The Usaf

[bdewey]

This week I was told I will be medically seperated from the USAF. My informal medical board came back with a 10% rating. I think that they are trying to cheat me.

I was stung by a scorpion while in basic training. They gave me antibiotics for it and was sent on my way, the swelling and pain kept coming back so I went into flight med. They proceeded to "drain" the mass in my leg, and after two surguries found out it was a soft tissue cancer. My third and final surgury left my leg with permanent damage.

Please help, I don't know where to go to from here and who to talk to about it.

[Berta]

WOW= they did 2 surgeries before they knew it was cancer?

Have they determined a separation date?

I cant imagine how they came to the 10%.

Have you had any discharge briefings?

Are there any Vet org service reps at your base? The ones who help OIF OIF active duty to file their VA claims?

Do you have copies of all of your SMRs yet?

(Service medical records to include all the records on the surgery)

[MDB1968NM]

Berta,

Thanks for chiming in....I work with the individual and referred Bdewey here to this site....

The issues are time critical now and I am hoping that folks here can ask some direct questions so that help can be provided.

One question I have:

If Bdewey gets a USAF medical retirement of 10% (who knows how the rating was achieved), can Bdewey still pursue VA entitlements/ratings as well?

I would assume so but have not encountered this before.  To my knowledge the AF rating and the VA ratings are TWO separate entities.  If the VA gave a higher rating, then the individual could elect to go that route correct?????

My concerns are that Bdewey is NOT getting adequate support from the med system here at the base and I am trying to do everything in my power to help!

Thanks a bunch to any and all that reply....

Hang in there Dewey!  Help is on the way!!!!!

[bdewey]

Hey Berta. They haven't determinded a separation date yet. Im still in my 10 day window following the findings from the informal board. I haven't been to any briefings or talked to anyone on base. I have personally kept a copy of every medical appointment and their paper work since it happened. I also just put in for a copy of my medical records. Im going to talk to a health benefits advisor tomorrow, but the legal department still hasn't gotten back to me so im not really sure how this all works. The VA part is becoming more clear, but what about the AF part?

WOW= they did 2 surgeries before they knew it was cancer?

Have they determined a separation date?

I cant imagine how they came to the 10%.

Have you had any discharge briefings?

Are there any Vet org service reps at your base? The ones who help OIF OIF active duty to file their VA claims?

Do you have copies of all of your SMRs yet?

(Service medical records to include all the records on the surgery)

[Berta]

As a civilian myself I sure hope someone else helps here too-because I dont klnow exactly how the MEB.PEB process works. I understand that the VA and Mil ratings should be comparable BUT the serviceperson -as a veteran- can appeal any low ball rating from the VA.

This is a serious situation. Due to the FERES Doctrine this vet cannot sue the mil for misdiagnosis.

"If Bdewey gets a USAF medical retirement of 10% (who knows how the rating was achieved), can Bdewey still pursue VA entitlements/ratings as well?" Of course.

The 10% sure seems wrong but we dont have all the info.

My daughter told me they had briefings when she left the mil as to how to apply for VA benefits, Also they are supposed to offer OIF-OEF veterans good VA claims help.

Has he had any of these briefings yet as part of Transition program?

I even wonder why he didn't have someone help him apply for VA benefits while he was hospitalized.

He will need to fill out the entire 21-526 form available under Forms at the VA web site.

I wonder if the medical screw up on his diagnosis (as it seems to have been a screw up) should be brought to some higher ups attention- when they discovered the true cause of his problems.

Still hard to know here exactly what his SMRs will reveal. He certainly should file a VA claim ASAP.

I also suggest since he is OIF OEF veteran- he should contact the Lawyers for Warriors Program at the NVLSP web site.

Permanent damage like this MUST be ratable highr then 10%-that doesnt make sense.

Why was the medical board called 'informal'?

As I mentioned I sure have never experienced a MEB situation (as a civ) but some vets here have and it sounds real informal -like they didnt properly rate him at all and didnt seem to care.

[12R3G]

Explain the MEB-PEB? Wow...

Dewey: there is an office in your based hospital (or main clinic) called the PEBLO (PEB Liaison Officer) who is required to give you briefing on the MEB-PEB process, timeline, decision points, options, etc. NOTHING can legally happen until you have that briefing, except you doctor can begin writing the summary notes for the MEB. If you had the brief and are still not understanding the process and where you are in it, go back to the PEBLO and get some answers--that is what the office is there for.

It's a 2 step process...the MEB (locally) determines whether or not you are fit for duty, and whether or not you are worldwide qualified. If the MEB decides you are not fit for duty, your case is referred to the PEB. The MEB is very informal.

PEB..."informal", but definately get a lawyer at this point--civil counsel versed in PEBs or a JAG (who may be barely out of law school, but is free--but you get what you pay for).

PEB decisions can be appealed, but there are very short windows to file appeals--like days.

PEBs historically cherry pick the lowest unfitting disability and rate that, thus its not uncommon to hear stories of vets being discharged with 20% or less from the PEB, only to be rated 50%, or even 100% by the VA.

Get a lawyer...you want a 30% or better evaluation from the AF. 30% = medical retirement which brings a lifetime income, and full access to the same benefits any other retiree gets, including TRICARE for you and eligible dependants. 20% or less gets you a certificate and a "don't let the door hit you on the butt" as you leave.

Medical retirement does not preclude you from filing with the VA for benefits. Currently, it will affect your total compensation, since Chap 61 retirees are still forced to offset their military retirement from an VA compensation. Hopefully that will change one day.

Find out who host/schedules the transition classes (TAP) and get scheduled. find out when the VA gives their disability benefits breifings and attend ASAP!!! Find out who on base is the veteran's service organization rep--could be AMVETS, etc., and make an appointment with them (VA benefits only).

Wheew...hope that helps...

[dannydad]

Explain the MEB-PEB? Wow...

Dewey: there is an office in your based hospital (or main clinic) called the PEBLO (PEB Liaison Officer) who is required to give you briefing on the MEB-PEB process, timeline, decision points, options, etc. NOTHING can legally happen until you have that briefing, except you doctor can begin writing the summary notes for the MEB. If you had the brief and are still not understanding the process and where you are in it, go back to the PEBLO and get some answers--that is what the office is there for.

It's a 2 step process...the MEB (locally) determines whether or not you are fit for duty, and whether or not you are worldwide qualified. If the MEB decides you are not fit for duty, your case is referred to the PEB. The MEB is very informal.

PEB..."informal", but definately get a lawyer at this point--civil counsel versed in PEBs or a JAG (who may be barely out of law school, but is free--but you get what you pay for).

PEB decisions can be appealed, but there are very short windows to file appeals--like days.

PEBs historically cherry pick the lowest unfitting disability and rate that, thus its not uncommon to hear stories of vets being discharged with 20% or less from the PEB, only to be rated 50%, or even 100% by the VA.

Get a lawyer...you want a 30% or better evaluation from the AF. 30% = medical retirement which brings a lifetime income, and full access to the same benefits any other retiree gets, including TRICARE for you and eligible dependants. 20% or less gets you a certificate and a "don't let the door hit you on the butt" as you leave.

Medical retirement does not preclude you from filing with the VA for benefits. Currently, it will affect your total compensation, since Chap 61 retirees are still forced to offset their military retirement from an VA compensation. Hopefully that will change one day.

Find out who host/schedules the transition classes (TAP) and get scheduled. find out when the VA gives their disability benefits breifings and attend ASAP!!! Find out who on base is the veteran's service organization rep--could be AMVETS, etc., and make an appointment with them (VA benefits only).

Wheew...hope that helps.Dewey besure to get the the doctors and nurses reports on both operations they are not normally supplied as Service MEDICAL RECORDS(SMR)those records may explain why you went thru 2 operations the request alone may losen up their purse strings.