Hardship Requests

[Josh]

Greeting fellow Hadit members,

Quick question… Can the Service Officer assigned to your claim submit a request for action on you behalf? In this case it is an 1151 and I want to request it be moved up on the list due to hardship reasons. They have said I can request this by sending a note to them but can the VA SO assigned submit this letter on my behalf since he has POA (Power of Attorney)?

Thanks

Josh

[Berta]

Josh, a vet rep could do this I guess but if it comes directly from you-

you have a better idea of yout personal circumstances in order to shape the request.

And it might not move your claim along much faster anyhow-

I dont know how these request go- but tell them specific reasons why you are requesting this-

facing foreclosure, bankruptcy- whatever it could be causing the request-

A request like this is made on the assumption that a claim will be awarded.

Have you fully responded to all they wanted in the VCAA letter and have you done all you can to send them the evidence you need-

I dont know even if they would send a VCAA letter on a Sec 1151 claim but they probably did-

These days I recommend getting IMOs-independent medical opinions for most Sec 1151 claims-because the malpractice could be obvious to the VA but they can say the veteran is not medically competent enough to support a malpractice charge and then they can disregard whatever the vet sends- even if it is bonafide prime facie negligence right out of their VA med records.

[theotherguy]

Josh,

The short answer to your question is "yes." Your representative is allowed to file claims and statements on your behalf with the exception of a veteran's original claim for benefits and any sort of due process waiver. However, it is not likely that the VA will expedite your hardship request without evidence that you are either terminal or in financial crisis. Terminal cases are easily established with a statement from a physician. Financial hardships can be established with notices of foreclosure, letters from your bank or other creditors, etc.

[Pete53]

I would think it would be better for the Vet to ask for it.

[Josh]

Hi Berta and others,

The reason I have considered this is that my health condition has significantly changed (declined) in the last several weeks. In addition to the missed spinal cord infection (encephalomyelitis) they denied the current spinal column deterioration and I had the cord get majorly compressed as a result, I was not bed-bound before, but I am now and with my wife being treated for cancer at the same time, yes I'd say this is a hardship. What about you all. Is this a definitel hardship or what?

Thanks

Josh

Edited March 13, 2007 by Josh

[Berta]

Yes- probably financial as well as physical hardship- and you could request from VA expeditious treatment-

I think sometimes however extpeditious treatment means a vet has to practically have a foot in the grave-

but still you SO rep can verify the info yu tell VA about- maybe best if both you and the vetrep prepare and sign this request.

Attach any serious bills etc to prove financial hardship-like foreclosure etc-

and also a medical statement from your doctor and even one from the wife's doc to show serious dehabilitating progress of your disability and hers.

Still the claim cannot succeed without probative medical evidence-

that shoud be your main focus Josh-

without the right evidence a request for expedited decision will only get an expedited denial.

Edited March 13, 2007 by Berta

[carlie]

Hey Josh Buddy,

Good to see you post. Here's my added .2 cents -- if you have any deliquent electric, water, mortgage or rent notices make copies to send in - eviction notice anything that shows a financial hardship.

If your doctor will write something that provides medical evidence of rapidly declining health, copy that also to send in also. Do remember ther are others in the same boat - we're all tired of waiting - and I'm not talking about vets that have been waiting 6 or 12 months, I'm talking about people waiting years.

Hell I wish the 12 month people would read a bit more, then they'd get the WHOLE picture.

Hope this helps - tell Gia hello from Florida - best to all.

carlie