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]

See if a guy named Hoppy will help you here.

[retiredat44]

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

I am confused, I am told there is no hardship form, but then I get told to file hardship... my vso just is not communicating... is there a form or not?

the website (vetsfirst) gave me the response I posted, and they said there is no official hardship policy (or apparently form). Must I just type a letter 'To whom it may concern' ???

thanx..

btw, at the DRO hearing I let the DRO guy know I am dying form the disease, and there is no cure.. they know damned well what I have, and the suffering I go through...

if there is no form, which apparently there isn't.. I need more guidance, as I don't want to go into their office asking for forms that don't exist, and they are bastards as far has helping disabled vets at the counter.. nastier than the dmv, post office and the scumbags who got me sick in the first place. mY frustration is exploding when I open the boxes of records I cannot open them anymore, it's killing me when I go into my records, it unbearable..

maybe i will go my congressmans office and ask them to help me file hardship? the VSO form the American Legion sure isn't helping..

Edited April 11, 2012 by retiredat44

[deanbrt]

see below, Retired.....

http://asknod.wordpress.com/2011/09/29/38-cfr-%C2%A7-20-900c-hardship-claim/

[carlie]

see below, Retired.....

http://asknod.wordpr...hardship-claim/

dean,

Keep in mind that what you've posted is applicable to appeals at the BVA.

20.900 Rule 900. Order of consideration of appeals.

© Advancement on the docket - Grounds for advancement.

A case may be advanced on the docket on the motion of the Chairman, the Vice Chairman, a party to the case before the Board, or such party's representative. Such a motion may be granted only if the case involves interpretation of law of general application affecting other claims, if the appellant is seriously ill or is under severe financial hardship, or if other sufficient cause is shown.

“Other sufficient cause” shall include, but is not limited to, administrative error resulting in a significant delay in docketing the case or the advanced age of the appellant. For purposes of this Rule, “advanced age” is defined as 75 or more years of age. This paragraph does not require the Board to advance a case on the docket in the absence of a motion of a party to the case or the party's representative.

[deanbrt]

That is not my understanding. I would welcome other interpretations that confirm or deny. The squecky wheel gets the grease, Retired

[carlie]

I am confused, I am told there is no hardship form, but then I get told to file hardship... my vso just is not communicating...

is there a form or not?

retired - there is no form to request Hardship.

Hardship is a request for advancement of a claim due to financial hardship/homeless, terminal illness

or the advanced age of 75. - carlie

the website (vetsfirst) gave me the response I posted, and they said there is no official hardship policy (or apparently form).

Must I just type a letter 'To whom it may concern' ???

They are correct - there is no official policy / regulation, on Hardship.- carlie

thanx..

btw, at the DRO hearing I let the DRO guy know I am dying form the disease, and there is no cure.. they know damned well what I have, and the suffering I go through...

Did you submit documentation from a medical provider stating the prognosis of your terminal illness? - carlie

maybe i will go my congressmans office and ask them to help me file hardship? the VSO form the American Legion sure isn't helping..

A congressional inquiry could possibly slow your claims process down.

Has your claim file been certified and transferred to the BVA's jurisdiction yet ? - carlie