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Retired captain fights for benefits after burn pit cancer diagnosis

  • Family of discharged captain fights for benefits post-cancer diagnosis
  • Mayo Clinic: Cancer predates discharge, can’t grow 13.5cm in two years
  • ARBA proposes partial benefits and “medical retirement” for Barbosa

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WASHINGTON (NewsNation) — After dedicating 23 years to serving his country as an aviation officer in war-torn regions of Iraq and Afghanistan, U.S. Army Capt. Rafael Barbosa faced an unexpected and intense battle upon return home.

“Ultimately, he was diagnosed in October of 2021, after emergency surgery with stage four colon cancer,” said Barbosa’s wife, Amanda.

Like countless other service members, Rafael was exposed to hazardous burn pits during his overseas deployment, resulting in a cancer diagnosis that left him with a prognosis of roughly two years to live.

“I thought that we had 50 years. We were just beginning our civilian life together,” Amanda said. “It was scary. It was hard to know that this was going to be our reality and that now, the focus was going to be on preparing our son to lose his dad.”

Their son, Walker, was 11 years old when this news came. Although the diagnosis was a shock to the family, it unfortunately didn’t catch them entirely off-guard.

For years, Barbosa voiced concerns to his military doctors about persistent stomach pain.

Amanda said her husband sought medical attention on more than 10 occasions within a single year, only to be reassured repeatedly that his symptoms were attributed to a non-threatening ulcer and lacked severity.

Ultimately, despite his persistence, Barbosa was eventually discharged from the Army in 2019 with an assessment of good health.

“They never diagnosed the cancer despite having symptoms typical,” Amanda said. “Ultimately, we were gaslit into believing that’s what it is. when you go in time and time again and they keep telling you that’s what it is, you believe it.”

Upon the discovery of cancer, Rafael’s tumor had grown to the size of nearly six inches in diameter.

Surgeons at the Mayo Clinic conveyed to the military that they had overlooked Rafael’s condition.

“Mr. Barbosa’s cancer predated his leaving the Army it could not have grown 13.5 centimeters, and become stage four in a matter of two years,” the clinic wrote.

However, due to the Army’s decision to discharge Rafael as healthy, his family is no longer entitled to survivor benefits, his military life insurance or the standard of health care he would have otherwise been entitled to.

Amanda’s solution involved persuading the Army Review Boards Agency (ARBA) to reinstate her husband’s active duty status, a step ARBA has taken in previous cases, to reinstate benefits eligibility.

However, despite her persistent efforts spending almost two years, Amanda has encountered continuous resistance, facing repeated denials and appeals met with rejection.

ARBA’s reasoning: “Disability compensation is not an entitlement acquired by reason … illness or injury. rather, it’s provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability …”

Essentially, Rafeal’s cancer didn’t stop his ability to continue serving. This response has been infuriating for his family, as they assert that if the military had not overlooked the cancer it would have unquestionably prevented Rafael from fulfilling his military duties.

“Very difficult as a family to have to listen to that, and know that they’re going to take their own mistake and use that against us,” Amanda said.

In addition to Amanda’s persistent appeals to ARBA, NewsNation also contacted the office but received no response.

Nevertheless, Amanda remains unwavering in her battle, now actively visiting Capitol Hill alongside lawmakers advocating for veteran health benefits.

“We’ve missed the fact that there were two different standards,” said Rep. Darrell Issa, R-Calif. “The standard we had when we were on active duty, versus the standard we had once we left active duty.”

Nearly two years have passed since a doctor informed the family about Rafael’s two-year life expectancy.

Amanda said they’ll persist in this fight, not only for Rafael but also for their son Walker, now 14 years old.

“When we finally entered civilian life, he was so excited about his dad was finally going to get to go to all of his games, and just be with him all the time,” Amanda said.

Sadly, unless a miracle occurs, Walker may not have that chance, making each day all the more precious.

“Every day that I and my family have to fight for justice is time away from my family,” Amanda said.

A significant development occurred Thursday night — after two years, ARBA has proposed a compromise to the Barbosa family. It would grant them some, though not all, of the sought-after benefits, along with a retroactive “medical retirement” for Rafael.

However, the family finds this proposition insufficient. They remain steadfast in their demand for this reinstatement to active duty status.

Astonishingly, they note that Rafael’s health has been steadily improving. While they acknowledge the bleak 5-year survival rate for this cancer, which is less than 10 percent, they are holding onto hope and praying for their miracle.

Military

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