Opinion On Hardship Request To Va To Speed Up Claim

[retiredat44]

Opinion on hardship request to VA to speed up claim.

I filed on basis of health hardship. I would like to now if others have experience on hardship claims...

I see people 'mention' either financial, or health.. or both..

My question has more to do with the type of health issues that the VA might take serious and speed up an appeal...

Has anyone gotten a claim sped up througha hrdship claim?

While I suffer from a fatal disease that is killing me, but with no date when it will either kill me or send me back into a hospital bed. The surgeons told me my prognosis is poor, and that is only one of my health problems.. They just don't know when it going to happen... but necrotizing pancreas disease if usally fatal, within several years.. I also have many other complications cysts on the pancreas, the tissue is dying.. and I have thrombosis of the splenic vein.. my blood prossure can drop suddenly, and it has in the past sending me into the hospital by ambulance with sirens. The splenic vein is partially clogged, and if a clog breaks loose it can go into my heart or brain...

If someone has asay terminal cancer and is given a few months to live, they might file a hardship to speed their claim,, one difference is I don't have a date when...

but it is factually true that my disease has no cure and it is fatal.. plus I have several other health issues that are serious.. with long hospitalizations, on record...

along with hospitalizations tha that happened on active duty 30 years ago..

Do to other disabled Veterans Opinions on hardship requests, to the VA to speed up claims, do you think my request is enough to move them, or do you think they ignore a request unless you only have a solid diagnosis of only a few months to live.. Is my hardship enough?

I have read a lot of opinions about hardship requests,, and there are basically to opinions...

1)they help speed up the requests

2)the claim 'c-file' is pulled and then shuffled to the bottom of the deck and you actually lose your space and go nowhere with the hardship claim..

Of course I am financially screwed, have been for 20 years.., since I have bene usnable to work for 20 years,, and am on SSDI for permanent disability. But my Hardship request is for the health issues.

I am hoping there are opnions for people who have actually filed hardship requests and eithe got a repsonse or didn't get a response. Also, that it was a spereate paper I gave them a hardship request for my claim top be sped up... and only last thing, I waited intil more than 3 years has passed since my claim was file and 1.5 years since my DRO hearing and no decision. So, I did not just ge tupset after a short time.. I waited several years to give them plenty of time to do the right thing.. my request is that I want them to speed up my claim beofre I either die or become incapacitated. I do have a history of not being able to care for myself for long periods of time, and it will happen again... So, that is the short verison of my reason.

Do those with experience think what I did is right, and do you think it wil speed up my claim?

Also, I gave my hardship letter info to my congressmans office to look into my claim delay... and while the conressman isn't going to directly help, his staff will.

I already asked in other threads about this and some people said it just shuffles you stack to the bottom, other threads in Veerans forums say it helps.. But, like I said, I am asking about if the request on the bais of health issues helps..

Thanx..

I am looking forward to hearing from those with experience...

If it makes any difference, it is the San Diego office.

(yes I read some of those reports of which offices have the largest workloads..)

Edited June 3, 2012 by retiredat44

[Berta]

Retiredat44's post got lost in the mix Monday- this happens when a post or comment does not get on thelast page of the thread:

"Update:

Hi,

The VA GI clinic that did my pancreas operation and procedures, where I Lived for 6 months wrote an IMO, that states the complications 'more likely than not' caused by the procedure (cutting the billary tube while doing a fine needle aspiration) at the VA. I wrote a letter to a doctor who saw me every day for 6 months and it turned out he had moved, but then the clinic contacted me back and told me they would write an IMO for me. So they sent it, I sent it to the BVA judge a couple months back. FYI

I also sent the judge (a year ago, a doctor statement from a dental surgeon that the teeth were destroyed by intestinal disease.) The BVA judge had asked why I didn't get help by the VA, I told him I tried many times but was told no and to leave.

Might be more, but for now...

so, the BVA judge is working on the decisions, and no longer is anything in remand.

Steven"

Edited Monday at 05:24 AM by retiredat44

This is GREAT News Steven-  you certainly experienced VA negligence.

 

 I don't know how they will rate this but I hope you will finally succeed.

 

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Currently in appeals.... many, many health issues on appeal.. latest to be added is appeals with BVA judge. Had hearing with BVA judge around 2015. Has been remanded 2x. Been in appeals for many years.. This is an update. August 2018.

[retiredat44]

VLJ, BVA, says decision in 1-2 months... that was almost one month ago.

Supposedly sped up for hardship, due to extremely bad health.

after 20 years since the first filing.. and then 10 years after more VA disability claim filings...

 

Issues

 

Currently on appeal

Remand

• Service connection, myositis
• Service connection, Major depressive disorder
• Service connection, Irritable bowel syndrome
• Service connection, Eczema
• Service connection, Parkinson's disease
• Benefits as a result of VA error (Section 1151)

 

Closed

Granted

• New and material evidence to reopen claim for service connection, Irritable bowel syndrome
• New and material evidence to reopen claim for service connection, Eczema
• New and material evidence to reopen claim for service connection, Parkinson's disease
• Service connection, Limitation of leg motion (flexion)

[Pete53]

Its been a long time I filed in 1991 for financial hardship and it did not seem to help a bit. I think that when they started the Tiger team to work on older vets claims that that worked a little better. Lets face it the VA culture is to take their sweet time. The people who work their and their management need to be held accountable AND THEY NEED TO QUIT PLAYING SOME OF THE GAMES THAT THEY DO.

[john999]

If you think about it everyone who is out of work due to SC issue is a hardship case. Where do they begin except to speed up all claims. How many vets can go 6 months without a paycheck? Waiting on disability is a great way to lose weight. I lost 20 lbs and I got other disability really fast from workers' compensation etc. I did not have serious money problem just worried to death about "what now?". VA did turn me into a OCD case. I always believe that some piece of paper is either going to ruin me or save me so I save it all.

[broncovet]

Of course, John is right. I mean gee who's going to send a letter to the VA:

"Please put my claim to the bottom of the pile. I dont need the money anyway, and I am not all that sick, so take care of the real Vets in need because they need it more than me."

TWO parts:

1. If your claim is at the BVA, you need to request an "advance on the docket due to hardship". The Board does claims in docket number order except for hardship. Since you sound like you are essentially terminally ill, yes, your case should be advanced. No if's and's or buts.

2. The RO is supposed to also listen to hardship advancement requests. And Santa and his reindeer will come and put toys under your tree on the evening of Dec. 24. The RO responded to my requests for advancement by shredding them.

Bottom line is go ahead and shoot for the advance, but dont hold your breath. I do know a Vet whose case was advanced on the docket due to advanced liver cancer and terminal illness.

[retiredat44]

That has got to be the truest statement ever... think of every paper you could not find that would have saved your arse..

I don't think anything is more true, or it is at the top of the list..

......... I always believe that some piece of paper is either going to ruin me or save me so I save it all.