Just the Beginning

Pyro

Pyro

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Hoping for guidance and some insight of what to expect, I understand every situation is different and this one I haven't been able to find in the threads.

Active duty AF 2000-2011, USAF Air Reserve Technician 2011-present, no more than about 21 days of orders strung together at a time since becoming an Air Tech, but a lot of days of orders spread out. Diagnosed stage 4 colon cancer that has spread to liver, currently treated through my Air Tech job and insurance. I am an officer, I Am a pilot, my condition is not waiverable per AFI to fly again.

My leadership supports trying for a LOD, looks like I just need a doctor to say it was in my system 4 years ago while on active duty, which I don't think is a stretch. The doctors at the med clinic are having a pow-wow with all in the info I have turned in about my condition on drill, I'm hoping for some support out of that. Our docs are all local and specialists, and they know all of my private docs, so that should help.

So here we go:
1.) Get better.
2.) Similar situations and outcomes anyone has heard of?
3.) LOD first, VA and tech job retirement applications later?
4.) "Cancer" itself is not a VA list, what kind of ratings?

Thanks everyone!
 
Cancer is a 100% rating while under treatment and until in remission. Once in remission VA will rate based on residuals. Sorry to hear it, cancer sucks.
 
So you are saying go to the VA now?
 
Not 100% on the info, but I believe that if you're already being entered into the IDES (MEB/PEB) process, then the VA claim is done right alongside of it. As far as I know, the VA doesn't pay a dime until the process is complete and the ratings come back, but the good news is they are supposed to back date it to the day the claim was put in.

IMHO, the take away would be, if the Air Force is on the ball and has already entered you into the IDES process, the date for the VA start point should already be fixed, but if the Air Force is dragging their feet and hasn't done it yet, it'd be in your best interest to contact your local VSO Veteran Service Officer (mine was a VA employee, but I believe that the VFW, AMVETS, etc.. also can help) and go ahead and submit a claim.

Again not 100%, but I believe the claim either has to be a "fully developed claim" or once you start it, it must be "fully developed" within a year for the start date to be valid. As far as I know the claim is fully developed, once you give the VA all the medical records you have and any proof of service connection, such as any LOD's and/or DD-214.

This part is not my area of expertise, but its to the best of my knowledge.
These are things you should verify.
Hopefully others will chime in.

Also, if you're an M-day (drilling) Reserve Component service member, and you're unable to work your civilian job and/or are medically Unfit to attend drills (military duty) due to your LOD injury, then you should apply for (formally request) Incapacitation (INCAP) pay.

INCAP pay compensates you for lost civilian wages up to what you would have made being Active Duty full time with BAH and BAS, or if you are Unfit for Duty, INCAP pays you the same as being Active Duty full time with BAH and BAS.

The Army RC regulation is AR 135-381, and DA PAM 135-381, I don't know what the Air Force equivalent is, but it most certainly exists. Each branch has their own version but its all based on the same Federal Law.

The intent of INCAP pay is to cover down on lost income for LOD injured Reservists and Guardsmen, until you're either well enough to get back to work, or medically separated or retired. Much the same way as an Active Duty Soldier or Airmen would be kept on Active Duty even if they could not work, while they're going through the MEB/PEB process.

There are a LOT of commands that flat out try and cheat LOD injured Soldiers and Airmen out of the INCAP benefit (and everything else if they can get away with it), but being Air Force and an Officer on top of that, you have a pretty good chance of being treated fairly on it.


Hope this helps, good luck in your battle with cancer...
 
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Alright, met with Flight a Docs today, the chief is writing the LOD to get my cancer nexus during my active duty time, all docs on base support this. As far as we understand, this is the first step, once (and hopefully approved) I can go to the VA for other ratings and the IPEB can begin. Thoughts?
 
You guys want to hear a kicker, i took VSP in 2011 and i understand I'll have to pay it back with my VA payments. That rocks.......not.
 
The gov't writes the rules, so they always win.
 
What a kick in the nuts. I'm sorry to hear that.
 
tony292 said:
Cancer is a 100% rating while under treatment and until in remission. Once in remission VA will rate based on residuals. Sorry to hear it, cancer sucks.
Click to expand...

This brings up an interesting question....let's say that someone "beats" the cancer and goes into remission, and it comes back (the cancer will always be a threat for the rest of one's life). Does the service member have to petition to go back to 100% or is it automatic? Jumping into chemotherapy will end the soldier/airman's ability to work almost immediately, but having to wait for a long time for compensation could potentially add a devastating wrinkle to an already bad deal for him and his family.
 
The silver lining is if I get an LOD to trace it back to AD, I get tricare and probably MEDCON, but have to pay it back through the VA. If I get denied the LOD, the government is basically saying the cancer happened after active duty (and the payment), and with that, I don't pay it back. I'm still hoping for the LOD.
 
Found out this morning, LOD approved.
 
Pyro said:
Found out this morning, LOD approved.
Click to expand...
Indeed, good deal and congratulations! :D

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Cancer is also almost always sucessful in getting a SSDI award from the Social Security Adminstration. You CAN collect SSDI while you are entiled to military pay, if you are not performing your duties, this may help offset some of the recoupment of your VSP by the VA.
 
We are processing MEDCON orders right now, probably in IDES shortly, don't understand SSDI but researching it, where do I start?
 
Pyro said:
We are processing MEDCON orders right now, probably in IDES shortly, don't understand SSDI but researching it, where do I start?
Click to expand...

Here is a flyer https://www.ssa.gov/pubs/EN-05-10030.pdf

Basically it is easiest to go into the Social Security office (go in uniform and bring your medical records that show treatment for cancer).

They will help you fill out the paperwork.

Explain to them that you are in the Military and that you are no longer performing any SGA because of the condition and that you are being medically boarded out.

Wounded warrior cases get special priority and because of your conditions, I would expect a fairly quick approval.
 
SGA?
 
I don't believe the recoupment of your separation pay being done by the VA is accurate.

FMR Volume 7A 0408 seems to indicate that it is up to DFAS to recoup VSP. It is not a VA issue because there is an assumption that you will serve the time in the guard that makes normal recoupment not needed. It is only the early retirement that makes it an issue, so its a DFAS problem, not a VA problem. There is also provided a means to request repayment is waived, which seems quite appropriate to ask for, as without the cancer there is no reason to think you wouldn't have served the remainder.
 
10 U.S.C. 1175a provides for the payment of VSP to service members voluntarily separated from active duty due to restructuring or a reduction in force.

VA must recoup VSP from a Veteran’s disability compensation unless he/she
  • was eligible to retire (20 or more years of active service), to include transfer to the Fleet Reserve or Fleet Marine Corps Reserve, at the time DoD awarded VSP
  • is eligible to receive combat-related special compensation, or
  • receives a waiver from the Secretary of his/her service department.
Exception: For exceptions to the requirement to recoup VSP from Air Force Veterans, see M21-1MR, Part III, Subpart v, 4.B.8.
 
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