How do I get my VA disability raised while overseas?

2020-02-09T21:40:07-05:00

What am I supposed to do? I injured my back during my military service in the US military and before they could even look at my back, I went homeless, from there my wife paid for me to move to her country (Australia) so I have absolutely no address in America or any family or friends. So now I have a bad spine, cant get a job because I'm in too much pain to do anything and I've been getting less than $500 a month for the past 6 years from the VA. I can't afford to go see a physiotherapist or anything. How do I contact the VA to try to get my disability raised? I have tried to contact them but it seems impossible to get help overseas due to there being no VA certified doctors.

Response by PO3 Phyllis Maynard made Feb 9 at 2020 9:45 PM

2020-02-09T21:45:42-05:00

LCpl Joseph Reyher one of the RallyPoint Community Members lived in Australia Cynthia Croft. LCpl Joseph Reyher the number for the VA National Call Center in the US is [login to see] .

Response by SGT Robert Pryor made Feb 9 at 2020 11:13 PM

2020-02-09T23:13:06-05:00

LCpl Joseph Reyher Eight or nine steps"
1. Google: Title 38 Part 4. Schedule for Rating Disabilities -- followed by key words relevant to your service connected condition (think fused vertebra, dislocated disc, spinal nurve injury or something like that).
2. Determine your correct diagnostic code and study how the percentages are assigned.
3. Determine if you meet the requirements for a higher percentage. Keep in mind that they can cut your benefits if it is determined that your condition has improved or was previously rated too high.
4. If you find that it is safe reopen your claim, download VA form 21-4138 from:
https://www.va.gov/vaforms/form_detail.asp?FormNo=21-4138
5. Complete the form, explaining all of your symptoms, to include those mentioned in the appropriate diagnostic code. DO NOT MENTION THAT YOU LOOKED IT UP! Play the aw-shucks simple claimant.
6. Take the completed form to the nearest US Embassy or consulate to turn in. They aren't all that familiar with what you're doing, but they will get it to VA with a record of it being received. That will protect your effective date if a retroactive adjustment is indicated.
7. The VA will tell you your next steps as far as getting examined by a doctor.
8. Make sure the examining physician fully explores and documents all symptoms as indicated in the appropriate diagnostic codes.
9. If successful, invite me to visit you in Australia -- it's on my bucket list (Just kidding on this one).

form_detail.asp

Response by LTC Jason Mackay made Feb 10 at 2020 12:48 AM

2020-02-10T00:48:24-05:00

Use a Veteran Service Organization to assist you. I'd bet there is a US VFW somewhere in Australia. I used DAV . Do phone and email consults to see how you might refine your claim. There will likely be medical documentation required, your provider can do some of that. You may have to return for a VA exam unless they can outsource it local to you. You might have to travel to Japan, PI, or Korea to get assistance. There are many expats, I am sure someone has figured it out. Reach out through the expat community.

https://www.benefits.va.gov/persona/veteran-abroad.asp

Veterans Living Overseas

Veteran benefit information for veteans and their dependents who live overseas.

Response by 1SG Private RallyPoint Member made Feb 10 at 2020 10:16 AM

2020-02-10T10:16:00-05:00

Same way you would file back in the States.
If you are trying to get the original ratings reviewed with whatever new evidence of a worsening condition(s) that you have, file a VA 20-0995 (Supplemental Claim) and add any supporting documents you have from your health provider.
If you are claiming new conditions, file a VA 21-526EZ along with any supporting documents you have. You will receive instructions on how to proceed with development and a C&P exam.

Response by SSG Carlos Madden made Feb 11 at 2020 4:33 PM

2020-02-11T16:33:33-05:00

Hit up SSgt Jim Gilmore. He knows all about this.

Response by SSgt Jim Gilmore made Feb 11 at 2020 10:46 PM

2020-02-11T22:46:43-05:00

Will reply in detail when I get to my desk. About 1400 your time.

Response by SSgt Jim Gilmore made Feb 12 at 2020 12:52 AM

2020-02-12T00:52:27-05:00

Good afternoon, LCpl Reyher,

Filing a claim from anywhere in the world is as easy as it took you to reach out here. The first thing I recommend is that you file a form 21-0966 Intent to File. This locks in your filing date AND it gives you one year from that date to actually file. That gives you time to gather any evidence you have that is relevant to your claim. Please note that you can also file for anything that this back issue affects such as ability to lift, climb stairs, etc.

When you have all the information you can find, you need to file your claim on VA Form 21-526EZ. This form has about 8 pages of instructions but don't be intimidated by that. It's all pretty straight forward and I will provide links to any forms I note here.

The forms are fillable, meaning you can download them to your computer, fill them out and save them on your computer. Submitting them can be done via snail mail or fax or online. That information is in the form 526EZ on page 3 of the instructions.
Intent to file: https://www.vba.va.gov/pubs/forms/VBA-21-0966-ARE.pdf
Claim form: https://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf

The current claim times are in the 4-6 month range. The goal is 125 days from date received. At some point the VA will be reaching out to you via a contract service provider to do a C&P Exam (Compensation & Pension). This exam will be done in your local area in Oz and will not cost you anything. The contractor pays the provider and bills the VA. It is imperative that barring an emergency, you make the appointment(s). Failing to do so will result in the VA closing your claim with no action taken and you get to start over.

If you have any questions, please feel free to reach out to me directly here on Rally Point. I will be glad to answer any questions.

I hope this helps,
Jim

SSG Carlos Madden, thank you for the recommendation.
Jim

VBA-21-0966-ARE.pdf

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