Not sure if it's too late but here's a basic breakdown of my situation: active duty Air Force e-6 in 10 years. I had lung cancer and got a left lower lobectomy over a year ago. It was deemed stage 2. Since then I've had many issues with cramping and shortness of breath.
My MEB started at the end of 2017. I filed with VA in Jan of 2018.
I had an appointment with my pcm 19 April and she said based on my pft and other issues that I have asthma. I'm Now using a daily inhaler (Flovent) and rescue inhaler (albuterol).
My IPEB decision came back on 27 April. They deemed my cancer unfitting, high probability of recurrence, 50% chance of 10 year survival, incurred while active duty, LOD, 0% discharge with severance pay.
I chose to do the formal peb. Figured since I use the inhalers for my mild uncomplicated asthma I could see if my rating could be increased to 30%. I had an attorney appointed by the OAC and he seemed helpful. But then he had too many hearing and my case was sent to another attorney. The new attorney sent me e-mail which said I had helpful paperwork and my medical records had good info that I needed to appear at Randolph to testify.
I went to Randolph 23 May. I met with the attorney and he barely talked to me for 20 minutes. Said the opposite of what he did in the email, that nothing would help me and not to testify.
On 24 May I showed up almost 45 minutes early to try and discuss options with my attorney. He wouldn't come and speak with me until my actual hearing time. Hearing lasted 2.5 minutes and I knew I didn't haves chance. He was happy with it and we went back to his office. I asked him what's next and could he send me an email. He asked if I was serious and said he wasn't going to hold my hand. Find it funny he said that since I never spoke with him except by email and while I was there I seen him for an hour total.
When I got to work after the Memorial Day weekend I saw his email. He knew he set me up for failure because it said I would appeal the decision but later decline and do a VA recon. I got the results from my PEBLO the next day and sure enough there was no change for my cancer and nothing for asthma.
Am I screwed, any suggestions are greatly appreciated.
My MEB started at the end of 2017. I filed with VA in Jan of 2018.
I had an appointment with my pcm 19 April and she said based on my pft and other issues that I have asthma. I'm Now using a daily inhaler (Flovent) and rescue inhaler (albuterol).
My IPEB decision came back on 27 April. They deemed my cancer unfitting, high probability of recurrence, 50% chance of 10 year survival, incurred while active duty, LOD, 0% discharge with severance pay.
I chose to do the formal peb. Figured since I use the inhalers for my mild uncomplicated asthma I could see if my rating could be increased to 30%. I had an attorney appointed by the OAC and he seemed helpful. But then he had too many hearing and my case was sent to another attorney. The new attorney sent me e-mail which said I had helpful paperwork and my medical records had good info that I needed to appear at Randolph to testify.
I went to Randolph 23 May. I met with the attorney and he barely talked to me for 20 minutes. Said the opposite of what he did in the email, that nothing would help me and not to testify.
On 24 May I showed up almost 45 minutes early to try and discuss options with my attorney. He wouldn't come and speak with me until my actual hearing time. Hearing lasted 2.5 minutes and I knew I didn't haves chance. He was happy with it and we went back to his office. I asked him what's next and could he send me an email. He asked if I was serious and said he wasn't going to hold my hand. Find it funny he said that since I never spoke with him except by email and while I was there I seen him for an hour total.
When I got to work after the Memorial Day weekend I saw his email. He knew he set me up for failure because it said I would appeal the decision but later decline and do a VA recon. I got the results from my PEBLO the next day and sure enough there was no change for my cancer and nothing for asthma.
Am I screwed, any suggestions are greatly appreciated.