I was active duty Air Force for 10 years and had stage II lung cancer. I was MEB'd two years ago. My AF 356 states 0% compensation, unfit, condition is permanent, line of duty, non combat-related. For this condition I'm rated at 30% VA, overall 80% VA. Would it be worth it for me to pursue possibly getting my record corrected to get the medical retirement/Tricare, or am I better off with the 80% VA? Thanks for the time and help.
Worth BCMR?
- Thread starter stanggolfer
- Start date
Hello,
1. Your VA compensation would not change as the result of a BCMR recommendation or the subsequent actions by your service.
2. If you did eventually receive DoD disability retired pay @ 30% or more, it would be reduced by the amount of VA compensation you receive. You might be left with zero retired pay.
3. One of the most valuable aspects of a military retirement is TRICARE.
4. RE: "...or am I better off with the 80% VA? " I really don't understand that question. Your VA compensation will continue regardless of what the BCMR amd service decide.
However...you might have been erroneously told at one time, that a retiree must choose between retired pay and VA compensation. The retiree actually has a choice of whether to accept VA compensation and waive retired pay dollar for dollar in the amount of VA Compensation received. Any residual (left over) retired pay is kept by the retiree.
5. After doing this several years, I have not seen one case where it would have been more advantageous to decline VA compensation (i.e., does not agree to waive retired pay, etc.)/
Ron
I believe I would find it worth applying to the BCMR. It will take time, likely years. However, worst case you end up where you are now. Best case, as described by Ron above. To me, that would be definitely worth the ask.
John
No, the DoD does not review progressions and manifestations of your condition once you are out. Were you experienceing zero symptoms or complications when you were MEB? That's not uncommon for lung cancer even at the advanced stages. That's still somewhat odd you would need to review your in service medical records only! From there you can see if the rating was correct.