Hardship Case

[#1Cavtrooper]

Does anyone know approximate timelines for a claim to be finished once "hardship" paperwork has been submitted? Just how quick will it expedite the claim process? Anyone that has done this please respond also. Thnx

[broncovet]

There are two types of "hardship" cases, one at the RO and one at the BVA level.

The BVA must decide cases "in docket number order" unless there is a request for advance on the docket due to hardship, when they will get "out of docket number order" if the advance on the docket request is approved.

The RO, however, does not seem to work claims in the order received, but rather works them in the order convenient to the RO. The RO is quick to point out that each case is different..some Vets send in all their paperwork at once, while much development is needed on others. I mean..gee..what are they going to do? Hold up the Veterans case who submitted all his paperwork, so they can wait for all the records to come on Veteran B? They point to this when Veteran "A" applies at the same time and same RO as Veteran "B" and these claims are decided at vastly different times, not necessarily in the order recieved.

At the BVA level, the case is supposed to have been gone over by the representative thoroughly and it is "ready" for a BVA judge before it is docketed. (Unless the Vet opts for no representation at the BVA level). That is, there is no documents missing, the BVA has everything it needs to make a decision. Of course, the BVA STILL sends cases back to the RO that are NOT ready, even with a representative, but I am thinking this normally happens before the case is docketed. The BVA does not want to appear to be "slacking" on a case. They know that Vets may well get their congress man involved and they want documentation that they have treated the Veteran fairly..that his case was worked "in the order received". The RO does not give a rip.

If you apply for an "advance on the docket" at the BVA level, with documentation of your "hardship", you will get it advanced, competing with "other" advanced cases on the docket.

However, if you apply at the RO level for expidited processing due to hardship, its a crap shoot. The 57 RO's are mostly not as well managed and efficient as the BVA. All of this is JMHO.

[john999]

Having a lawyer on my claim did help advance my CUE to the BVA I think. I got a pretty quick decision and a quick appeal to the court. However, the BVA made an error and the claim had to be shipped back to the BVA to fix the error and then back to the court. Years have gone by since I file the CUE. It spent at least 3 years at the RO and another two bouncing around the BVA. Now it is back at the court for round 2. How would a hardship have helped me? I would be dead by now because of mistakes.

[UsmcSGTVet]

-Claim started October 2010 went to prep for decision September 2011.

-March 16, 2012 Sent Congressman inquiry, VA has been prepping a response since April 17.

-Faxed financial hardship request with evidence of eviction on April 16, 2012.

Little over 18 months and still waiting.

- April 24, 2012 Called the VA 1-800 number and verified they had recieved everything and they did. Talked with a nice lady there and she said Congressman inquiries do help and she gave first hand knowledge of how the RO's do take such inquiries serious and it does get them asking questions of why its taking so long. Just an update of whats happening with me so crossing my fingers with the eviction notice and congressmans inquiry that some movement will take place soon.

PTSD- 50%

Right shoulder dislocations- 20%

L4-L5, L5-S1 - Buldging disks- 10%

Neurologic involvement lefter lower extremity- 10%

Hiatel hernia- 10%

70% Total

[Teac]

-Claim started October 2010 went to prep for decision September 2011.

-March 16, 2012 Sent Congressman inquiry, VA has been prepping a response since April 17.

-Faxed financial hardship request with evidence of eviction on April 16, 2012.

Little over 18 months and still waiting.

- April 24, 2012 Called the VA 1-800 number and verified they had recieved everything and they did. Talked with a nice lady there and she said Congressman inquiries do help and she gave first hand knowledge of how the RO's do take such inquiries serious and it does get them asking questions of why its taking so long. Just an update of whats happening with me so crossing my fingers with the eviction notice and congressmans inquiry that some movement will take place soon.

PTSD- 50%

Right shoulder dislocations- 20%

L4-L5, L5-S1 - Buldging disks- 10%

Neurologic involvement lefter lower extremity- 10%

Hiatel hernia- 10%

70% Total

You do realize 18 months is not a long time.....you do realize that some veterans have claims in the system two or three times longer than your claim.... that doesn't make it right.. but it is what it is. I once waited over a year before I even had a C/P exam...which is not uncommon either.

Having dealt with the va for over 25 years I know congressional inquires very rarely help. A congress critter does not have the authority to make your claim move any faster. It fact is is against the law for them to actually interfer with the va process. All most inquires do is result in the va jumping through hoops to give a politically correct answer, more often than not if you made the inquiry yourself you would receive the same exact answer. Now you really wouldn't expect an RO offical to tell you that inquires are not taken seriously would you.. of course not... they are going to tell you what you want to hear.

Of course, once in a great while a congressional inquiry can help.. once in a while we all hear of a case that is so messed up that a direct congressional inquiry ( hands on) is very beneficial. I am refering to the type of case that takes 10-15 years to resolve.... unsually involving a combat veteran and usually so screwed up that it almost takes an act of God to get it correct....

General congressional inquires are received every day by the va ... they expect to receive them. They even have an office that does nothing but respond to them. I have even requested assistance from my congress critter a time or two .. but the fact is they generally serve no useful purpose, I have never benefited from such a request nor do I know any veteran who has. If the va stopped every time they received a congressional inquiry... and worked on the claim involved... they would get even less done then they do now.

I am sorry to see anyone have financial problems, we have all had then at one time or the other.. I hope that your claim is decided soon, but you really should not expect any results from a congressional inquiry. It just doesn't work that way.

Of course this is just my humble opinion..

[UsmcSGTVet]

This is the second time I've used congressional help, and the first time there was a decision on my claim by the time I recieved a response back from the congressman. 18 months is a long time if you take in to account everyones wait time. Now there are some that can say wow 18 months isn't a long time. But if you think the majority of claims are over 18 months then post a link or some sort of statistics. Yes a large amount are over 125 days does not mean 540 days theres a big difference. My claim is not special to where it should be in Prep for decision for 7 months. Its ridiculous and if you don't think you should contact your congressman or senator then how will the VA ever take your complaints serious. Who else is looking out for you. I'd invite you to tell Senator Patty Murray that no one cares, I'm sure she would disagree with you. Out of site out of mind is exactly what the VA lives by.

[john999]

USMC

Are you going for TDIU? The VA will let you swing slowly in the wind. Maybe you congress critter can help if they really want to help. Mine never did. If you can just hang in there your TDIU claim should be in the bag. Do you see you VA shrink and cry bitter tears over these delays? You want to document the toll this is taking on you.

John