Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Pva Vs Legal Help For Veterans

Rate this question


autumn

Question

looking for pros/cons opinions regarding going with "legal help for veterans" or the PVA.

lh4v gets 20% i hear. pva gets nothing. i'm just not sure pva will fight very hard.

really could use some insight into this so i can make an informed decision.

Link to comment
Share on other sites

  • Answers 24
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

thanks for the clarification on SMC, i'll keep that in mind

>>focus on getting your MS SC since it developed within 7 years it is supposed to be granted SC if they are denying your claim then they are just flat wrong

it certainly did develop while on active duty. med docs show it.

i will work on the MS SC as priority. i'm going with the attorney group for this. they are the only one's who seem to be in my corner now and they have the expertise - which i don't.

thanks all & good luck to you all also

Link to comment
Share on other sites

  • HadIt.com Elder
thanks for the clarification on SMC, i'll keep that in mind

>>focus on getting your MS SC since it developed within 7 years it is supposed to be granted SC if they are denying your claim then they are just flat wrong

it certainly did develop while on active duty. med docs show it.

i will work on the MS SC as priority. i'm going with the attorney group for this. they are the only one's who seem to be in my corner now and they have the expertise - which i don't.

thanks all & good luck to you all also

there is a female vet that used to be active in Gulf War Issues and now she is in with another group Julie Mock is her name I think she had MS and it was from her that I learned about the 7 year rule for MS it had to develop within 7 years from discharge in order to be eligible for SC if it wasn't developed or symptoms had not been seen or treated before the 7 year mark then the claim would lose she was the "expert" on MS is seems as is a lot of Gulf War veterans developed it

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

Link to comment
Share on other sites

i learned about the 7 year rule from a PVA friend last year.

symptoms and CSF tests were positive and documented while on active duty. i don't think they had MRIs back then for brain imagining. i was being PEB'd at the time due to herinations in spine. just prior to surgery in san diego is when they saw the CSF positive. they discharged me honorably/med and said the VA would pick it up from there.

they never did until 23 years later no matter how many times i brought it up. of course the VA medically labeled me all kinds of weird names. only one thing accounts for 99% of my symptoms and all tests point there.

i didn't realize that about Gulf War vets but i'm not surprized. i have read some things about what researchers thinks causes MS and chemical exposure is one, as is CSF infections, which is what i had.

i'll look up her name and see what she says

Link to comment
Share on other sites

  • Lead Moderator

My two cents:

It sounds like you were denied at the RO level. This is what I would do:

1. With the help of a VSO, such as PVA, I would file a NOD. This absolutely needs to be done within 1 year of your RO decision. No matter who represents you, or if you represent yourself, or are represented by a lawyer.

2. I would ask for a DRO review (or DRO hearing, personally I recommend a DRO review as it is much faster than a DRO hearing..hearings take much longer.) Still no lawyer needed, IMHO.

3. If you are unsuccessful at the DRO level, and get denied again, I would again file a NOD within a year, and this time ask for a BVA appeal. Still really no lawyer needed at the BVA level, IMHO.

4. If you are unsuccessful at a BVA appeal, imho, now is the time to get a lawyer, that is, to appeal to the CAVC.

5. If unsuccessful at the CAVC level, you definately need a lawyer at the Federal court level.

6. Altho almost no appeals go past this, the last appeal is an appeal to the US supreme court. You have about a zero chance of your case ever being heard at the US supreme court level pro se.

Link to comment
Share on other sites

many thanks for the insight.

1). yes that is true

2). a NOD has been filed

3). a DRO review has been requested

4). haven't gotten there

5). haven't gotten there

6). haven't gotten there

the attorney did the above. i did as much as i could do. for whatever reason, the local pva and i never got off to a good start. i called national pva to request i see another pva rep and they said no, the one here had to do it.

i showed him the same docs i showed everyone else. he said none of that mattered. kinda took up for the VA when i mentioned the VA made a mistake.

the legal team took the case with the same documentation. two independent specialists have diagnosed me and strongly urged me to get on a DMD treatment and to tell the VA that. The VA just won't commit to the MS "term", they call it "unspecified something or other". limboland is what it is called.

the legal team is very respectful. even said i could drop them and go with the pva and they would forward all the data they have. just let them know before things get too deep. so i don't get the feeling they want to rake me.

=================================================

1. With the help of a VSO, such as PVA, I would file a NOD. This absolutely needs to be done within 1 year of your RO decision. No matter who represents you, or if you represent yourself, or are represented by a lawyer.

2. I would ask for a DRO review (or DRO hearing, personally I recommend a DRO review as it is much faster than a DRO hearing..hearings take much longer.) Still no lawyer needed, IMHO.

3. If you are unsuccessful at the DRO level, and get denied again, I would again file a NOD within a year, and this time ask for a BVA appeal. Still really no lawyer needed at the BVA level, IMHO.

4. If you are unsuccessful at a BVA appeal, imho, now is the time to get a lawyer, that is, to appeal to the CAVC.

5. If unsuccessful at the CAVC level, you definately need a lawyer at the Federal court level.

6. Altho almost no appeals go past this, the last appeal is an appeal to the US supreme court. You have about a zero chance of your case ever being heard at the US supreme court level pro se.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use