How Much Longer, I Really Hate This Question, As I Know All You Hate Seeing It..

[retiredat44]

how much longer, I really hate this question, as I know all you hate seeing it..

I know when this question is asked everyone says, whenever it's ready it's ready,, stop asking,, go fishing come back in 10 years,, please stop asking.. etc..etc..

the usual, and those that know me, already know,, but I have to ask,,

had claim 2009, denied,,, all the usual appeal stuff

had DRO hearing December 2010, had SOC January 2011...

so far,, out of 6 issues, 3 had the SOC (plus SSOC). The remaining 3 issues had no answer, awaiting a decision..

been a long time...

Maybe in each region, there are differing times on when they get around to working on claims..

actually, I had one thing move in my claim, in January 2012, I had another c&p, this on for my left knee...

other than that no movement.. at least not openly, known to me

I have a representative, an American Legion VSO,

my VA Regional Office is San Diego..

I have no idea if it makes a difference if I am already rated, but I am currently at 50% since 1997...

the issues I am claiming go back to when I was on active duty, and all were from medical conditions and issues from when I was on active duty 30 years ago..

I already had a Form 9 in for an appeal to cover any issues that are still denied, so there is nothing left for me to do..

How close for an answer for my DRO hearing from December 2010, on the remaining 3 issues that I never got an SOC for,,

I believe the SOC I got for 3 issues means they are still denied, and the remaining 3 issues are not denied, and am awaiting their decisin.

My Question, how long for an answer, as it has almost been 1.5 years since the DRO hearing...

Should an answer be coming any day now, or will it be even longer than 1.5 years for the answer on a DRO hearing, from this office? Is it the current normal time for DRO hearing 1.5 years for answer on issues that have not been denied? Did the C&P for an issue mean it's moving forward at the current time? Does anyone have insight on San Diego and if they are slow or fast in this 2012 time frame?

My big problem (6 issues,, is pancreas disease,,,) I don't want to rehash all issues, but depression, Neuro diseases (tremors, shaking, balance, weakness, limb jerking, muscle twisting, fatigue. The there are more problems like, knee damage, limb swelling, intestinal disease. Degenerative disc disease, eye disease, very long list and more.

Not all issues are being claimed

Chronic severe pain and meds for it (20 years)

I am dying slowly from pancreas disease, the don't know how long I have but it's incurable. I am just wasting away...

MY main question is, how much longer for a decision for the DRO hearing on the 3 remaining issues, main disease pancreas disease, and hospitalization and surgeries going back since hospitalization in 1980 for intestinal disease on active duty. Chemical exposure (soaked in chemicals causing disease is in my SMR's from active duty.. and that is not in dispute... as the Air Force doctors actually noted the problems with chemicals and illness while on active duty.. for swelling and headaches.., also for tremors, and gastritis...).

Is the DRO getting closer to the decision? 1.5 years..... and boxes of medical records that the VA has had the whole time...

I know everyone will say when they are ready, they are ready,,, but someone must know some time frame??

my family desperately needs closure and help... all these years have destroyed our lives... my daughter has struggled for school money and help... our cars are junk.... my disease has kept me laying around sick for 20 years,, with no ability to work...

yet this constant wait and denials destroyed our lives... plus I live with constant suffering, and exams so they can watch the cysts on my pancreas continue to grow,,,,, knowing the next surgery could most likely be my death, since the last one was 6 months in a hospital bed to try to remove a 5 inch pancreas cyst.. learned to eat and walk again after 1 year in wheel chair... showing signs of new disease,,, and getting a new disease every couple of years.. just how much longer for a yes or no, and then the BVA hearing can use the tape from my DRO hearing.. for any issues left denied..

Thanx, for listening to me ramble on again in these forums, I know I have asked many times before... I Just wanted to say thank you, as just being able to ask again in these forums helps...

Thank all of you for your ears..

Steven

[deanbrt]

call VetsFirst and have them help you fill it out. See my previous posting with web address.

[retiredat44]

I left a message on the website vetsfirst , and this is the response I got:

=========

## Reply ABOVE THIS LINE to add a note to this request ##

Request Update View the complete request history

Mr. xxxxxxx,

Technically there is no such thing as a terminal illness or hardship claim or any other shortcut for initial and reopened claims at the VA regional office. Despite widespread misinformation, there is little, if anything, that a veteran can do to "speed up" his or her initial or reopened claim at the regional office level. This does not mean that some VA employees will not take such circumstances into consideration if they know the claimant's situation. But because severe financial circumstances, a terminal illness, or other hardships do not qualify a claimant for any special treatment, a claimant cannot demand such treatment. The only exception is for the claims of veterans that are on the verge of becoming homeless. In such cases, the Secretary has directed expedited treatment of claims. Even this action is not a legal requirement, only an internal priority within the VA.

The Board of Veterans' Appeals does allow for an "advancement on the docket" of appeals from claimants that are "seriously ill" or "under severe financial hardship." The Board will also consider motions from veterans over 75 years of age. Whatever the reason, veterans seeking to advance on the Board's docket need to be very specific about why they should be able to do so and submit supporting evidence (such as a doctor's statement or foreclosure notice) because many veterans are ill or are in financial difficulty and everyone cannot be given priority by the Board.

Although your regional office is not required to expedite your claim I would suggest your service officer, or you, inform the VA of your current health condition along with medical evidence. There is no guarantee it will work but it is worth a try.

David L. Houppert, Esq.

National Service Director

VetsFirst/United Spinal Association

1660 L Street, N.W., Suite 504

Washington,D.C. 20036

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Edited April 10, 2012 by retiredat44

[carlie]

retired,

The answer you received is absolutely correct.

I continue to suggest an in person visit to your RO.

Your DRO Hearing in 2010 resulted in a Jan 2011 SOC.

The SOC addressed 3 issues and did not address 3 other issues.

Did you disagree with the 3 issues that were addressed?

What is the current status of the 3 issues that were not addressed?

You filed a Form 9 - appeal to the BVA in 2010.

When did you submit the Form 9 and what issues are under appeal

on your Form 9?

[retiredat44]

All issues that have been denied already have a form 9.. they had a form 9 as soon as possibly after denials and nod's...

I would have to read the exact dates, but any time I had a denial I had forms filled out and sent in or delivered immediately upon notice of denial,

so: Claim- denial-NOD, denial-Form 9, DRO hearing, continued with re-stements of Form 9's.).

I have no clue what they are doing with the 3 issues that were not address with an SOC,,

No SOC (3 issues) given after DRO hearing:

1)Pancreas-Intestinal disease

2)Distal Neuropathy-nerve damage

3)Edema/Eczema (swelling of the limbs and skin issues)

---------

One denied issued (left knee): which I went to a c&p exam for in January 2012.

the 3 issues that had the soc given were (says remain denied):

1)neuro disease (myotonic dystrophy)-Denied

2)Left Knee-Denied

3)Depression-Anxiety-Denied

retired,

The answer you received is absolutely correct.

I continue to suggest an in person visit to your RO.

Your DRO Hearing in 2010 resulted in a Jan 2011 SOC.

The SOC addressed 3 issues and did not address 3 other issues.

Did you disagree with the 3 issues that were addressed?

What is the current status of the 3 issues that were not addressed?

You filed a Form 9 - appeal to the BVA in 2010.

When did you submit the Form 9 and what issues are under appeal

on your Form 9?

[deanbrt]

TAGS : None

"I recently requested a hardship for my disability claim due to severe financial issues and potential homelessness. I have submitted all required evidence, and all medical evaluations have been completed and submitted. I suffer from chronic cluster headaches that prevent me from working and attending school. The evidence is strong and very supportive of my claim, and I have been told by the DAV that making a decision shouldn't be an issue for the VA. In the matter of 2 weeks, my claim went from the gathering of evidence stage (no QTC appointment scheduled at beginning) to being in front of a rater (adjudicator). I was told that my file went to the adjudicator 4 days ago. I have been pushing this HARD, and I am being told by my DAV rep. that this should be decided quickly. I already receive 30% disability, and my headaches were differed until I started harassing them 2 weeks ago. VA is saying they are going for a partial decision based off of my hardship.

Has anyone had an experience similar to this? If so, how long did it take for you to receive retro pay. I am dying financially, and my family and I may soon be on the streets. I have direct deposit (thanks to the DAV, otherwise it would have taken VA until May 1st to process direct deposit application)."

Thank you, in advance, for any advice or information you share.

[deanbrt]

File the hardship, Retired. It is covering all the bases. Call your senator and explain your health. BEAT ON EVERY DOOR....