@ndiguy5 ,
Sorry to hear of your health problems. Health problems by themselves suck. Add on pressure about career and that just magnifies the stress. Hope all goes well for you!
All that said, I think you are missing a HUGE and important factor in your possible MEB/PEB
Pittpan thanks for your input. I think it will be nearly impossible to prove my cancer is service connected. My oncologist said it is usually either hereditary or a result of exterior conditions. No history of Cancer in my family. I have a total of 27yrs military service 16+ of active. I entered active duty at 34. The usual range is 26-34, I got Testicular Cancer at 44. My oncologist will not say it is service connected.
See the EIGHT YEAR RULE:
- (a) In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title [10 USCS § 1201, 1202, or 1203] but for the fact that the member's disability is determined to have been incurred before the member became entitled to basic pay in the member's current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.
- (b) A member described in subsection (a) is a member with at least eight years of active service.
10 U.S.C.S. § 1207a (LexisNexis, Lexis Advance through PL 115-40, approved 6/14/17)
No matter what, your condition should be compensable from the Army and service connected by the VA. We can run through other points (such as the presumptions of sound condition on entrance into the military, presumptions of service aggravation and the fact that it takes "clear and unmistakable evidence to overcome- "
"b. Presumption of Sound Condition for Members on Continuous Orders to Active Duty Specifying a Period of More Than 30 Days
(1) The Secretaries of the Military Departments will presume Service members, including RC members and recalled retirees, on continuous orders to active duty specifying a period of more than 30 days entered their current period of military service in sound condition when the disability was not noted at the time of the Service member’s entrance to the current period of active duty.
(2) The Secretaries of the Military Departments may overcome this presumption
if clear and unmistakable evidence demonstrates that the disability existed before the Service member’s entrance on their current period of active duty and was not aggravated by their current period of military service. Absent such clear and unmistakable evidence, the Secretary of the Military Department concerned will conclude that the disability was incurred or aggravated during their current period of military service." DoDI 1332.18). But, doing so comes to the same result- your conditions are compensable and if they deny that, you will ultimately prevail on this issue.
I am worried that the Chemo Brain thing I am going thru may encourage my unit to start the MEB. I also have a secondary condition that worries me. It is a result of Spondylolisthesis. While I was conducting a brief to the Brigade Commander I began to lose sensation below the waist. I almost collapsed this occurred off and on during my briefing.
Your concerns are well placed. Based on what you have written, it would seem highly likely that (if they are on the ball and complying with regulations, particularly AR 40-501, Chapter 3) you will be referred to an MEB and then the PEB.
All of your conditions should be considered.
What we put our selves thru to be successful.
Yes...it is basically the default that members try to "suck it up," to do their best, and put themselves through hell to try to continue to serve. There is a place for strong effort to succeed and to perform duties as best you can. But, there comes a point where this is not feasible.
I hope my comments were helpful and I hope you get a good outcome no matter how your "case" proceeds. Best of luck!