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How to increase the disability pay even though I now live in…

Customer Question
How to increase the...

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

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I know live in Perth, Asutralia

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Australia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a 50% disability at the present time.

Submitted: 11 months ago.Category: Military Law
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Customer reply replied 11 months 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
Answered in 2 hours by:
9/8/2017
Military Lawyer: Marsha411JD, Lawyer replied 11 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,987
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

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

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Military Lawyer: Marsha411JD, Lawyer replied 11 months 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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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