Got Cancer, getting booted

Simba

New Member
Registered Member
Hello, thanks for accepting my request to join. If anyone has suggestions, resources or advice I'd love to hear about it.

I'm 37, married, father of two beautiful girls under the age of 5, twice deployed (once to Balad & its burn pit for 12 months), have 19+ years of total service & 13 of Active Duty Service. I have been diagnosed with a rare form of Chronic Myleogenous Leukemia.

There is no cure for this Cancer. I'm "managing it" with a daily chemotherapy drug. A drug that if I stop taking, my Oncologist says I'll become terminal ill again with a life expectancy of under a year.

That sucks. No way around it. Thankfully, I've responded well to the drug & we are succeeding in "managing it". Also thankful that at time of diagnosis I was serving as an Active Guard Reserve (AGR) for my state's Military department. Without the Tricare insurance it would have been impossible to afford the $14,000+ a month Chemo.

Here's where I'd appreciate some feedback and advice. The Army sent my case forward to a Physical Evaluation Board (PEB) as part of the IDES process.

The informal board concluded that my Cancer is a 10% Unfitting Condition. Therefore I'm to be discharged without retirement benefits. Need to be 30% to earn those. The board established that rating due to the VA purposing my disability claim at 10%.

We appealed, the appeal was denied. Now awaiting for our last ditch Hail Mary. The board is supposed to schedule an in person meeting for my formal appeal. In the memo that denied my written appeal the board states "your Cancer may warrant a ratings increase."

However, and this is where is gets headscracthingly frustrating. The VA won't accept/consider a VARR (ratings review) until the Army completes the PEB process (or kicking me out) since the Army owns my case. AND the Army won't reconsider the 10% unfitting rating because they say the VA & the VA only sets the ratings.

So now I'm having panic attacks & a real sense of fear & betrayal wondering how I'm going to support my wife, 4 yr old & 1 yr old with income & insurance when this cancer has me unable to work AND the VA won't give my anything more than Medical care for myself & $133.57 compensation a month for the Cancer.

Made even worse knowing my family won't be eligible for the Tricare insurance since the Army is booting me with out retirement.

Thankfully I have the support of my State's Chief of Staff, J1, G1 & State Surgeon. My family, friends & church are as supportive as can be. Our family Doc & my oncology team respond to every phone call & email within hours and are helping however they can.

Thoughts? Suggestions? Number of a good shrink?
 
Hello, thanks for accepting my request to join. If anyone has suggestions, resources or advice I'd love to hear about it.

I'm 37, married, father of two beautiful girls under the age of 5, twice deployed (once to Balad & its burn pit for 12 months), have 19+ years of total service & 13 of Active Duty Service. I have been diagnosed with a rare form of Chronic Myleogenous Leukemia.

There is no cure for this Cancer. I'm "managing it" with a daily chemotherapy drug. A drug that if I stop taking, my Oncologist says I'll become terminal ill again with a life expectancy of under a year.

That sucks. No way around it. Thankfully, I've responded well to the drug & we are succeeding in "managing it". Also thankful that at time of diagnosis I was serving as an Active Guard Reserve (AGR) for my state's Military department. Without the Tricare insurance it would have been impossible to afford the $14,000+ a month Chemo.

Here's where I'd appreciate some feedback and advice. The Army sent my case forward to a Physical Evaluation Board (PEB) as part of the IDES process.

The informal board concluded that my Cancer is a 10% Unfitting Condition. Therefore I'm to be discharged without retirement benefits. Need to be 30% to earn those. The board established that rating due to the VA purposing my disability claim at 10%.

We appealed, the appeal was denied. Now awaiting for our last ditch Hail Mary. The board is supposed to schedule an in person meeting for my formal appeal. In the memo that denied my written appeal the board states "your Cancer may warrant a ratings increase."

However, and this is where is gets headscracthingly frustrating. The VA won't accept/consider a VARR (ratings review) until the Army completes the PEB process (or kicking me out) since the Army owns my case. AND the Army won't reconsider the 10% unfitting rating because they say the VA & the VA only sets the ratings.

So now I'm having panic attacks & a real sense of fear & betrayal wondering how I'm going to support my wife, 4 yr old & 1 yr old with income & insurance when this cancer has me unable to work AND the VA won't give my anything more than Medical care for myself & $133.57 compensation a month for the Cancer.

Made even worse knowing my family won't be eligible for the Tricare insurance since the Army is booting me with out retirement.

Thankfully I have the support of my State's Chief of Staff, J1, G1 & State Surgeon. My family, friends & church are as supportive as can be. Our family Doc & my oncology team respond to every phone call & email within hours and are helping however they can.

Thoughts? Suggestions? Number of a good shrink?
 
You need a good lawyer. Jason Perry the founder of this site comes to mind. I don't know a lot about cancer ratings but I believe all cancer is rated at 100% unless in remission, then the residuals are rated. Look up your disease in the VASRD and on militarydisabilitmadeeasy.com

Also get on the myhealthevet website using a premium account and click on the blue button to download your CP exams so you can compare them to the VASRD ratings.

Lastly, if all else fails then email [email protected] (she works directly for the VA secretary) and explain your situation during your VARR. She will be able to order a second set of CP exams if needed to raise your percentage.
 
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