For some of you, this is like going into the deep end before you know how to dog paddle. This info is for Veterans who are handling their own claims. If you feel confident to do this, and have the fire in your belly, then you may be able to accomplish it. Defending yourself pro se (latin for oneself) is not an easy chore. Of course, if you are terminally ill, what are you doing with your spare time other than trying to outguess Drew Carry’s contestants? There’s not a lot of difference sailing a sofa around the known universe and a chair behind a laptop. Look no further than the idiot typing this post. I couldn’t turn one of these on before Nov. 07. All it takes is a terminal illness, anger, and a belief that you are entitled to what the Govt. said you were when you held up your right hand.
First, let me explain a hardship claim. It is applied for much the same way you file for any other claim with the VA. You are asking them to “hurry up” your claim due to financial or medical reasons such as bankruptcy or terminal illness that may kill you prior to the completion of their painfully slow legal process. It allows your claim to be moved to the top of the pile for more immediate adjudication. The VA has to address this communication promptly or they look bad. Dead Vets with old claims are a Bozo no-no at 6 PM on the local news. When they commit suicide in frustration down at the local Vet’s Memorial in town, it becomes a PR nightmare for VA.
Filing, if you represent yourself, is no more complicated than sitting down in front of the C-box and typing in the Dear Sir, etc. Basically you are going to ask for either or both reasons depending on your circumstances. If it’s financial, include evidence of a foreclosure, unpaid medical, credit cards, cars, etc. the more the merrier. If its medical, then evidence of an incurable hep. that is spiraling out of control with cirrhosis and end stage liver symptoms such as ascites and portal gastropathy. These must be medical records signed by an MD. They don’t just take your word for it. I’m sure I don’t need to ask who out there qualifies for this. If your doctor has told you you’re shelf life is shorter than a Hostess Twinkie, you know you qualify. And if there’s a gentleman out in front of your house taking pictures ten days after you missed the mortgage payment, then chances are you,too, are a candidate.
Next, you do not need any special forms for this. While the VA would like you to always use Form 21-4138 to make their life easier, you will notice that they do not always reciprocate. In fact, shockingly enough, I have heard “bad words” said of the VA which we, as civilized, gentle persons, will not repeat here. Some of you Vets have come to the conclusion that the VA does not listen to your complaints and even ignores you. Has anyone ever tried to call the VA and get in touch with a person “knowledgeable” about their personal claim? I am not talking about Dial a Smile here. The drawbridge is always up at their castle and the moat is too wide to ford. So, why should you be forced to abide by their rules and regulations? Fortunately for you, the one size fits all does not apply. The CAVC has long ago decided that any communication you send the VA must pass the legibility test as well as clearly communicate that which you seek. That means you are free to personalize your communications stationary and to use the tried and true Standard Form 8.5X11 W (SF 8.5X11 W) that you load into your printer. See? This is getting easier by the moment. We have now eliminated PDF printable downloads that even I admit having a hard time locating. You may, should you so desire, use toilet paper if that is your personal choice. Its rather inappropriate for the task, but nevertheless permitted. An incarcerated Vet who was a guest of the Texas Corrections Institute of Higher Learning used a paper towel for lack of a better medium. His NOD was accepted after much complaint. As it should have been. Now they all are. All you need to include is your name, rank, airspeed and tail number.
The end result of your filing will be a decision reached in less than 90 days (they say). They did mine in 88. The VARO mailrooms across America have what is known as a Triage system to digest incoming mail. The Vets with the most immediate problems ( and I would say Hardship is among them)get the top drawer treatment. As I mentioned above, no one likes to find dead Vets littering our streets. It give politicians a bad name (or a worse one than they already have now after all this Earmark insanity.) So your filing for hardship will be greeted with the proper respect you would think should be normally accorded any claim you file. It’s unfortunate any Vet should reach the end of his rope before he has to resort to this method. I didn’t make the rules, but I sure can read them. That is why I mention this tried and true path. Do not use this as a shortcut. If you are NOT a hardship case and just impatient, this can cause your claim to end up at the bottom of the pile with an ugly case of black hole gravity that continues to pull it down deeper.
Attached here is the beginning of a BVA file that shows what happens when you are successful in you hardship filing. It is rather anticlimatic, but an illustration nonetheless:
Citation Nr: 0832858
Decision Date: 09/24/08 Archive Date: 09/30/08
DOCKET NO. 04-34 975 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri
THE ISSUE
Entitlement to service connection for post-traumatic stress
disorder (PTSD).
REPRESENTATION
Appellant represented by: Texas Veterans Commission
ATTORNEY FOR THE BOARD
B. Berry, Associate Counsel
INTRODUCTION
The veteran served on active duty from January 1953 to
October 1954.
This matter comes to the Board of Veterans’ Appeals (Board)
on appeal from a rating decision dated in July 2003 by the
Department of Veterans Affairs (VA) Regional Office (RO) in
St. Louis, Missouri. The veteran now resides in Texas.
In May 2006, the Board remanded this matter to the RO for
additional research to attempt to verify the claimed in-
service stressor. After accomplishing the requested action
to the extent possible, the RO continued the denial of the
claim (as reflected in the May 2008 supplemental statement of
the case (SSOC)) and returned this matter to the Board for
further appellate consideration.
In February 2007, the veteran submitted a claim for service
connection for diabetes and leukemia. This matter is
referred to the appropriate RO for further development.
The appeal has been advanced on docket pursuant to 38 C.F.R.
§ 20.900 (c).
This is always filed at the VARO level. It will find its way to Washington if your claim is on appeal. The adjudication occurs at the local level as do all VA claims. They forward the results to wherever the claim resides currently. I hope this shines some light on another dark corner of our illustrious Govt. entity. I know most Vets feel very powerless to take on Goliath, but you will discover you have an inner power that shines in the face of adversity. My hope is to empower Vets, one at a time. You may feel you’re fighting a faceless entity, but you can get justice if you have the patience and the time. Vets are a unique class of humans unto themselves. Historically, our military succeeded where most others have failed because we entrusted so much decision making power to the lowest levels of command. This is why there was no permission slip attached to every hand grenade you were issued. Good Luck and Godspeed, Gentlemen. You are a very unique, illustrious Band of Brothers capable of anything you attempt, whether it be solo or in concert. The VA prays it will be otherwise. I sincerely hope you disappoint them.
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Veterans Claims Help 