ADVOCACY
MATTERS
Get The Desired Outcome At The First Try
John Philip
is a trained Advocate, and has many years experience helping veterans
and widows obtain their correct entitlements from the Department of Veterans'
Affairs. In this article, John outlines some of the lessons he has learnt
in the hope that, should you need to make a claim on the DVA, you too
will "get the desired outcome at the first try".
Bruce came
to see me recently. He was a bit upset. It seems that quite a few months
back he'd been talking to some of his mates at the bowling club and mentioned
that his back had been troubling him a lot recently.
One of his
mates, who knew that Bruce had served in the Army in South Vietnam, suggested
that he might be able to get the Department of Veterans' Affairs (DVA)
to pay for any treatment needed for his back problem, and perhaps he could
even qualify for a Disability Pension. This sounded pretty good to Bruce,
so he got the appropriate Form from the DVA Office in Canberra, filled
in as much of it as he could, and saw his doctor who prodded and poked
at his lower back and made a diagnosis of Lumbar Spondylosis.
Bruce then
submitted the form to DVA and waited for a response. When the response
came, the Repatriation Commission (the agency that handles Veterans' Disability
Pension Claims) rejected Bruce's claim on the basis that: his Army Medical
Records did not contain any evidence of his ever experiencing back problems;
and nowhere in his submission had he related his Army service to any of
the "factors" in the relevant Statement of Principles (SOP).
Now Bruce
had never heard of SOPs, but he quickly became aware of one of the cardinal
rules for dealing with the Repatriation Commission (the Commission): any
male or female serving member of the Australian Defence Force (ADF), or
ex-member of the ADF, or Defence Widow, should not enter into correspondence
with the Commission until they have sought the advice and guidance of
a trained Advocate.
Advocates
are trained, to various levels, by DVA, and are located in most Ex-Service
Organisations (ES0s), such as the Regular Defence Force Welfare Association
(RDFWA), Legacy and the Returned and Services League (RSL), to name just
a few.
In fact,
it was a very helpful member of DVA staff who referred Bruce to me and
I was able to quickly arrange a meeting between us. Here I make the point
that the advice and assistance provided to veterans by Advocates invariably
is at no cost to the veteran.
At my first
meeting with Bruce I asked to see a copy of his Disability Pension application
to the Commission. An embarrassed Bruce admitted he hadn't kept a copy
of his application. So, another cardinal rule: keep copies of all correspondence
to and from the Commission; keep them in a specific file or folder; and
keep them in chronological order. Such documents can provide invaluable
data in years to come.
As Bruce
recalled it, he was serving in the Nui Dat area of South Vietnam in about
1969 when probably he first hurt his back. He thought it occurred when
he was loading cases of ammunition onto the back of a truck. He recalled
that his back was a bit sore that night, and the next day it was still
sore and "sort of stiff'. But he did not report the incident - so
no entry in his medical records.
Here, another
cardinal rule for all members of the ADF: ensure that all accidents, incidents
and illnesses are reported and recorded on your medical records. If appropriate,
witness statements should be raised and authenticated, giving the service
number, rank and name of each witness. Copies of the witness statements
should be placed on Unit Records, and also on the medical records of the
individual/s concerned.
Serving members
who are about to leave the ADF should obtain a complete copy of their
medical records, and keep this data in a secure place. Ex-members of the
ADF might wish to obtain a copy of their medical records. A written request
for this information can take up to eight weeks to be actioned, but a
phone call to Department of Defence will elicit the appropriate address
for such correspondence.
Going back
now to Bruce and his lack of knowledge of SOPs. For many years veterans'
applications to have disabilities accepted as Defence-caused were considered
under the terms of the Veterans' Entitlements Act 1986 and
its precursors This wasn't a bad situation; veterans and veterans' advocates
were able to win many cases before the Commission.
However,
together the 1992 Auditor-General's report on the compensation provided
to veterans, the High Court case of Bushell, and the March 1994 Report
on Veterans' Compensation by a Committee chaired by Professor Peter Baume,
resulted in the Federal Government announcing the establishment of the
Repatriation Medical Authority (RMA) in the 1994/95 Budget.
The RMA is
comprised of five Professors, each an eminent medical practitioner or
medical scientist, with experience and skills encompassing a wide range
of medical/scientific disciplines. The major function of the RMA is to
determine Statements of Principles (those SOPs that Bruce had never heard
of before his application was rejected by the Commission).
The RMA has
issued an SOP relating to virtually every kind of injury, disease or cause
of death that might be experienced by any ADF member or veteran. SOPs
are regularly reviewed and amended or re-issued to reflect sound medical-scientific
evidence relating to veterans' matters.
After explaining
all this to Bruce he could see that the veterans' compensation system,
as covered by the Act, is a sound piece of legislation, if somewhat daunting
to the lay person. However, he could see also the absolute need for any
veteran or Defence Widow to seek the guidance of a trained Advocate before
lodging any application with the Commission.
By following
this approach, applicants can be reasonably sure that their submissions
are based on the relevant SOP, and present evidence and arguments that
encompass the essential factors listed at paragraph five of the SOP.
At this stage
Bruce agreed that his case needs a lot more work done on it - and we will
work together on that.
Let me summarise:
- Serving
ADF members, ex-ADF members and Defence Widows should seek the advice
and guidance of a trained Advocate before submitting an application
for Disability Pension, an increase in Disability Pension, or a Defence
Widow's Pension.
- Keep in
a safe place, and in chronological order, copies of all correspondence
to and from the Commission.
- During
service in the ADF, ensure that all accidents, incidents and illnesses
are reported and recorded on an individual's medical records.
- Prior
to leaving the ADF, serving members should obtain a complete copy of
their medical records and keep this data in a secure place.
- Ex-members
of the ADF also can obtain a copy of their medical records.
- Defence
Widows should request a copy of the medical records of a deceased spouse.
- Seek the
assistance of your Advocate in obtaining copies of relevant SOPs.
In conclusion
I urge all members of the ADF, ex-members, and Defence Widows to concentrate
on the AIM, which is to "Get the Desired Outcome at the First Try".
Written
by the ACT Branch
Do you need
the assistance of an Advocate? It so, contact your nearest Ex-Service
Organisation. Contact details of your RDFWA Branch are found on the State
Contacts page.
|
