Could A "hardship And Waiver" Help With A Bva Claim

[bm6546]

I didn't get any replies to my last post on a "Hardship and Waiver" claim. Lets try a new angle.

I talked with my VSO rep at the American Legion today. He wants me to call the American Legion in Washington DC and tell them I have a pending claim at the VA for a Hardship and Waiver case. He told me this could possibly help me to advance my claim with the BVA.

Can anyone sound off on this for some help.

Thanks, Brian

[VetsLady]

I didn't get any replies to my last post on a "Hardship and Waiver" claim. Lets try a new angle.

I talked with my VSO rep at the American Legion today. He wants me to call the American Legion in Washington DC and tell them I have a pending claim at the VA for a Hardship and Waiver case. He told me this could possibly help me to advance my claim with the BVA.

Can anyone sound off on this for some help.

Thanks, Brian

Hey Brian,

I'm sorry you didn't get a response to your original post.

As per a Hardship, you have to prove either medical or financial hardship/or in some cases a medical hardship will create a financial hardship and vice verse. You can do this yourself, calling the AmLg in DC isn't going to suffice. You are going to want in writing anyway. There are no guarantees to get your claim moved up the docket, but, if you are pending eviction, terminal illness and there are a couple other things, I can't bring to mind this moment, those terms would suffice.

If I were you, I'd write a letter outlining your hardship and request the hardship be attached to your file. Papertrail. There are so many Veterans right now that are experiencing hardship of some kind, I'm surprised your VSO (actually I'm not) handed the ball off to you to throw. A hardship letter could advance your claim but, as mentioned, you should get it all down in letter format and be certain to send it Certifiled Mail or FedEx, whichever is more reasonable.

As for a waiver, are you asking about a waiver to review additional information at the RO level? Is your claim already at the BVA? They are so backed up and not bursting your bubble because I'm a firm believer in staying focused with a positive attitude, this process may not happen overnight, or even in weeks and/or months, unless there is a big reason your claim should move ahead. So get it right, be honest about the facts and it will get into your file.

Without knowing when you filed your original claim or, anything at all about it...this is the best info I can offer you. We have 7+ year claim with a docketed dated at BVA of 2005, remanded and now the file is back at BVA to decide. We filed a hardship and signed a waiver for further review at the RO level. The hearing was 1 1/2 years ago and I'm on this file like stink on you know what.....so if that tells you how far behind they are.....it's horrible, I understand.

I do know that once the remand is done, if there is one, then the file is placed back in line using the original docket date...with hardship attached, we might get an answer in the next 3-6 months. I hope sooner, but reality is what it is.

God Luck to You....

Someone may come along and post another answer or another idea.....I'm interested as well.

P.S - The other sitation to have a claim advanced is "advancement of the Veterans age" - and, if you get a remand - it's possible the AMC would decide the claim with a yey or ney and if it's a ney, your file goes back to the BVA and is placed back in line with the original docket date. This is what I have heard, I have not seen this with my own eyes. A yey could just as easily go to the BVA for a send back to the RO....it's called VA Stall Tactics 101.

Stay positive.

Edited March 30, 2010 by VetsLady

[LarryJ]

YUP! I'll sound off. Why the heck doesn't your VSO converse with his Washington DC office on your behalf (probably never has called the BIG OFFICE IN THE SKY and is afraid to........................).

Tell him "no" I'd really rather that you do it. Then sit there until he does. :)

[VetsLady]

YUP! I'll sound off. Why the heck doesn't your VSO converse with his Washington DC office on your behalf (probably never has called the BIG OFFICE IN THE SKY and is afraid to........................).

Tell him "no" I'd really rather that you do it. Then sit there until he does. :)

I'm hearing you on this one Larry loud and clear. It's the VSO's responsibility to do this on behalf of the Veteran, yet they seldom do....

they got their $ with the POA and some are good and some aren't. It's a crap shot at best. I'd say try this route (thru the VSO) first

and when (and if) that doesn't succeed, do your own thing....be sure to have your claim number and name on every scrap of paper and please send

it certified mail/return receipt.

When your talking Hardship request, I'd rather not have wait for someone else to pass the ball. Unless, I'm sitting there at their desk, watching them FAX it and they give me written confirmation. Why wait for someone else to maybe do it?

I'd rather do it myself and know it was done than to wait for some yo-ho VSO to do something on behalf of me this important. It should go through your VSO first....

why don't your write it and take it to their office, mail it CM/RR or send it to both...? We sent docs to our VSO 2 years ago and they weren't in the file at the hearing....

why? Because our VSO didn't submit them....lucky for us I brought a copy along to the hearing.

Edited March 30, 2010 by VetsLady

[bm6546]

YUP! I'll sound off. Why the heck doesn't your VSO converse with his Washington DC office on your behalf (probably never has called the BIG OFFICE IN THE SKY and is afraid to........................).

Tell him "no" I'd really rather that you do it. Then sit there until he does.

LarryJ, I met with my VSO yesterday and asked him to call the American Legion in Washington and he did. They said I have a doc date of Jan 08 and they are currently working on second quarter of 2006. Isn't that a bunch of BS.

Brian