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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20395
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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How to increase the disability pay even though I now live in

Customer Question

How to increase the disability pay even though I now live in Australia. There are doctors reports stating that I'm not a candidate for any surgery as I had a stroke. I needed two knee replacements which the medical professions refuse to perfrform
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I know live in Perth, Asutralia
JA: Have you talked to anyone in the chain of command about this?
Customer: Australia
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have a 50% disability at the present time.
Submitted: 1 month ago.
Category: Military Law
Customer: replied 1 month ago.
I was in the U.S. Navy for 17 years, E6. I lived in Missouri for many years and went to CMSU after that I had graduated from DeVry. I am rated at 50% disability. The doctors in Australia stated that need knees needed to be replaced but were unable perform the surgery as had a stroke and I'm on blood thinning agents and don't want to have the possibility of another stroke.
Is there anyway that you can help me get an increase in disability pay as I'll be needing and electric wheel chair soon which are very expensive.
I have doctors reports refusing to perform any surgery on my knees not even a spinal.
Thank you for any assistance you can offer.Sincerely,
Franklin Nuscis
Expert:  Marsha411JD replied 1 month ago.

Hello,

Thank you for the information and your question. If your current doctor is providing medical care under the VA FMP, then you could submit his or her records with an application for an increase in benefits. If you are not registered for the FMP and don't currently have a doctor on that approved participating list, then you will want to follow the steps at the following link to get going on that program. This is the link: https://www.benefits.va.gov/persona/veteran-abroad.asp

If you don't end up using a FMP doctor, and you file a claims for an increase in benefits, the VA will have to be able to examine you and your records. They might have an Australian doctor who does that, but if they don't, you would have to come to the States for those exams.

If you haven't already looked at the information for filing for an increase in your service-connected rating, you can find that information here: https://www.benefits.va.gov/FDC/checklist.asp

After you have had a chance to read the information at the links I provided, if you have follow up questions, please ask. If none, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to provide you with the relevant information, then the Site will give me credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 month ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 9th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.