Healthy Into Basic, Sick After Injections, Discharged An Then Has Cancer Two Weeks After. Eligible For Benefits?

[mav2u]

Need to know if my friends son who joined Army, went through boot camp but lost his job do to class cancelation an didn't want to be infrantry so he opted to get out of boot camp an enlist later when his job came up again. But he got sick while in boot camp with throat an sickness, weakness, while he was in an after he received his shot series an was on light duty till he was discharged a couple of weeks later.

After he got out a week or two later he was feeling really sick again an went to doctor because his neck was starting to swell up. Doctor diagnosed it as thyroid inflammation. Stated that sometimes one of the shots they give can cause a thyroid inflammation. Doctor recommend surgery to remove thyroid. Between that day an scheduled surgery day his neck swelled up so bad it cut off his breathing an he had to be put on a ventilator at hospital. They gave him drugs to bring swelling down so they could do surgery. A couple days later swelling went down just enough an they took him to do operation.

Once they opened up his neck they realized that it wasn't his thyroid but a cancerous growth around his thyroid. They took a biopsy an it came back as Non-Hotchkiss Lymphoma. He had to start chemotherapy right away to start fighting the cancer. After surgery his neck swelled up again within 24 hrs an he had to be put on ventilator again.

Once they got the cancer diagnosis back the next day they could start the right chemo treatment to fight the cancer. Once the first dose was administered his swelling went down in two days so that he could be taken off the ventilator as the chemo was working an bringing down the swelling an killing the cancer from growing.

He was discharged a week later, an now has to do a full series of chemo to fight it.

Went he went into the Military he was a healthy kid. State wrestling champion, football champion, an just a healthy super fit kid. His first weeks in the military he aced the 2 mile run with a 11:30 time, did all the pushups and sit-ups that were required to pass basic training. But after he received the shot series is when he started to fill sick and an was put on light duty an meds. It was just after the shot series he learned his job in the Army was canceled an the only job open was infantry. He refused the infantry job an opted to cancel boot camp an then try again for his job next year or another job that he wanted at some point later.

My thought was since it started in basic, maybe because of a reaction to the shots maybe not, but either way, it started while he was already several weeks into boot camp he should qualify for VA treatment an disability as he is totally wiped out from taken the chemo an his parents can't afford the bills that are stacking up for his treatment.

Thanks for any help you can offer. I know when I need help for my VA disability stuff this forum was my saving grace on how to get my care an disability I was owed.

[Philip Rogers]

He may have a claim against the VA. Generally someone needs to serve a certain length of time for VA benefits, however this could be something like a worker comp claim, as his injury was early in his enlistment. There is also an 1151 claim or a federal tort suit (can't think of the correct name at this moment). I would think he will need one heck of a IMO to tie the lymphoma to his basic training and the injections but I believe it is possible. jmo

pr

[mav2u]

I was pretty sure the second you were in the military is 100% responsible for what happens while your active duty.

[georgiapapa]

I do not know how reliable the info is in the book "Veterans Benefits for Dummies" but it states you are eligible for disability compensation after one (1) day of active duty service. It also states to qualify for a disability pension, you have to be on active duty 2 years if you served after 09/01/1980 and 90 days if you served before 09/01/1980.

[mav2u]

I'll be contacting my DAV rep next week. But we have heard two more kids in his class have gotten sick with thyroid type issues! So there might be a larger problem at hand.

[Berta]

This is the basic eligibility criteria for VA health care.

Below this info is the compensation criteria.

Basic Eligibility

"If you served in the active military service and were separated under any condition other than dishonorable, you may qualify for VA health care benefits. Current and former members of the Reserves or National Guard who were called to active duty by a federal order and completed the full period for which they were called or ordered to active duty may be eligible for VA health benefits as well.

Reserves or National Guard members with active duty for training purposes only do not meet the basic eligibility requirement."

Minimum Duty Requirements

Most Veterans who enlisted after September 7, 1980, or entered active duty after October 16, 1981, must have served 24 continuous months or the full period for which they were called to active duty in order to be eligible. This minimum duty requirement may not apply to Veterans who were discharged for a disability incurred or aggravated in the line of duty, for a hardship or “early out,” or those who served prior to September 7, 1980. Since there are a number of other exceptions to the minimum duty requirements, VA encourages all Veterans to apply so that we may determine their enrollment eligibility.

Enhanced Eligibility

Certain Veterans may be afforded enhanced eligibility status when applying and enrolling in the VA health care system. Veterans who:

Are a Former Prisoner of War (POW)

In receipt of the Purple Heart Medal.

In receipt of the Medal of Honor.

Have a compensable VA awarded service-connected disability of 10% or more.

In receipt of a VA Pension

Were discharged from the military because of a disability (not preexisting), early out, or hardship.

Served in a Theater of Operations for 5 years post discharge.

Served in the Republic of Vietnam from January 9, 1962 to May 7, 1975.

Served in the Persian Gulf from August 2, 1990 to November 11, 1998.

Were stationed or resided at Camp Lejeune for 30 days or more between January 1, 1957 and December 31, 1987.

Are found by VA to be Catastrophically Disabled."

http://www.va.gov/healthbenefits/apply/veterans.asp

Compensation criteria

"To be eligible to apply for veterans disability benefits, one must be a veteran of U.S. military service, an active service member with an impending discharge between 180 and 60 daysthrough the Benefits Delivery at Discharge program (BDD), or an active service member within 60 days of impending discharge through the BDD Quick Start claim process.

Additionally, for a veteran to qualify for veterans disability benefits, the veteran must meet all of the following criteria:

The veteran must have a disease or disability diagnosed .

There must have been an incident during the veteran's active service, and

The disability must be "service-connected," meaning that there must be a proven causal connection between the incident and the disability or the disability must be on the presumed connection list (more on this below)."

http://www.disabilitysecrets.com/resources/disability/veterans-disability/filing.htm

There isnt much info here to determine his eligibility and as the VA eligibility quote states

"Since there are a number of other exceptions to the minimum duty requirements, VA encourages all Veterans to apply so that we may determine their enrollment eligibility."

:He certainly should enroll into VA health care and file a claim.

You stated:

"so he opted to get out of boot camp an enlist later when his job came up again. But he got sick while in boot camp with throat an sickness, weakness, while he was in an after he received his shot series an was on light duty till he was discharged a couple of weeks later."

What type of discharge did he get?

Along with needing his complete SMRs and Personnel file from the Military, he also needs copies of his medical records, from Private doctors.

Did the shots cause the thyroid problems or was it the NHL that caused them?

These are critical questions because he needs to claim the exact diagnosis.

Non Hodgkins lymphoma is usually associated with veterans exposed to Agent Orange or radiation ..but not the case here.

He could possibly claim NHL as a chronic presumptive:

"3.309 Disease subject to presumptive service connection.

(a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under §3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of §3.307 are also satisfied."

It certainly appears to me that he could satisfy the One year post service 10% or more criteria, although NHL only appears as a chronic presumptive regarding Agent Orange or Radiation exposure in these regulations.

However, the chronic presumptive list includes:

"Tumors, malignant, or of the brain or spinal cord or peripheral nerves"

I am glad you are seeing the DAV but is this vet himself able yet to make an appointment to enroll into VA health care and file the claim?

I would think that definitely would have his NHL fall into those regulations.

But maybe it would be best to claim direct service connection ,as well, using the same above criteria:

IV. Service Connection for Non-Hodgkin's Lymphoma

"Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C.A. §§ 1110, 1131 (West 2002). Generally, to establish service connection, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship or "nexus" between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995).

). Secondary service connection may also be established for a disorder which is caused or aggravated by a service-connected disability. 38 C.F.R. § 3.310© (2013); see Allen v. Brown, 8 Vet. App. 374 (1995). "

http://www.va.gov/vetapp14/Files4/1430825.txt

I agree with this part of what PR stated:

". I would think he will need one heck of a IMO to tie the lymphoma to his basic training and the injections but I believe it is possible. jmo"

But I dont think the injections aspects are worth pursuing when the 38 3.307, 3.309 regulations state :

"Service connection for certain chronic diseases, such as malignant tumors, will be rebuttably presumed if manifest to a compensable degree within one year after separation from active service. 38 U.S.C.A. §§ 1101, 1112, 1113; 38 C.F.R. §§ 3.307, 3.309. Moreover, for such diseases, an alternative method of establishing the second and third Shedden/Caluza element is through a demonstration of continuity of symptomatology. See 38 C.F.R. § 3.303(b); Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013"

I dont see possibility of 1151 or FTCA here because, due to the FERES Doctrine, the military cannot be sued for malpractice.

This veteran is not enrolled yet, as I understand this, into VA health care so VA has not had a chance to be negligent with his disability.

Unless, this is and the surgery is from VA care :

"After he got out a week or two later he was feeling really sick again an went to doctor because his neck was starting to swell up"

But still, it seems to me there still is no negligence here even if this was a VA doctor.

This is an unusual situation and of course the most important question is whether the veteran is eligible for VA health care as well as compensation.

I cant determine that at all based on the info you gave us..

I know a vet who re- enlisted into one branch after serving many years in another branch.

He had a pre existing injury ,which service the second time around aggravated ,and he was discharged with an HD, that also states "enlisted in error"", and had to sign a waiver stating he could not claim the pre existing injury was aggravatated by service.

Of course this "waiver" was all military BS they used to pull decades ago but he never claimed that disability. His VA comp was based on the disabilities he got from his initial period of service.

I asked you about this vet's discharge because I wonder if he was considered to have "enlisted in error" based on what you stated here.And if so would that hurt his chances to be eligible for VA health care?

Or was it a medical discharge? ......

.

[mav2u]

Sorry for the long response. Had a family member pass an it took more time to sort than anticipated.

I'm meeting with the kid this weekend to go over what paperwork he has. Put together his time table an see if the rumor of the two other kids getting sick also like him is rumor or fact an then try to track them down.

Then need to get his medical file from the active military an get a copy of it an get that file to the DAV rep locally.

Didn't realize the regs were that harsh on filing a claim. If they hadn't done the ole switch-a-roo on him an dropped his MOC to get him to become an infantry person he would have been sick while active.

But I think the fact that:

1. He got sick right after the shot series is a clue. ( Some kind of reaction, it accelerated an already existing problem, or it gave hime the cancer. )
2. He got worse after the shots an was placed on light duty till discharge.
3. The problem they tried to treat was in his throat or specifically his thyroid to combat his ill feelings an weakness.
4. He entered basic training with a clean bill of health from the MEPS doctors plus his school physical just months before when he wrestled was also clear.

The military in the least should pay for the treatment if not take over treatment. But he is already in treatment an the VA wheels turn mighty slow. If nothing else he should be compensated a rating for his cancer with a disability percentage to help pay the massage doctor bills his family had to pay because he wasn't covered by the military the day they discharged him an it was to soon to get on his Dad's health insurance cycle as a dependent. So the Military really screwed them by having him to choose to get out when they didn't provide the job he went on delayed enlistment for an instead offered the ground pounding infantry position.

I almost wonder if they already knew his MOC wasn't accepting new recruits but let him go to basic with the hope that he would just accept their offer to still have a job an go be a infantry person. Seems really coincidental that half way through basic his MOC is canceled but magically the only other choice they can offer is infrantry MOC. Hmmmm...... Sounds like an old Bait and Switch game. Oh Well. Hopefully we all can find a way to help this family out an get the kid some help.