Question:
My PTSD/TBI claim has been at my regional office for over two years. I have been told I can file a hardship to expedite my claim. Is that true?
Answer:
This is one of the many misconceptions of the veterans benefits world. Technically there is no such thing as a terminal illness or hardship claim or any other shortcut for initial and reopened claims at the VA regional office. Despite widespread misinformation, there is little, if anything, that a veteran can do to “speed up” his or her initial or reopened claim at the regional office level. This does not mean that some VA employees will not take such circumstances into consideration if they know the claimant’s situation. But because severe financial circumstances, a terminal illness, or other hardships do not qualify a claimant for any special treatment, a claimant cannot demand such treatment. The only exception is for the claims of veterans that are on the verge of becoming homeless. In such cases, the Secretary has directed expedited treatment of claims. Even this action is not a legal requirement, only an internal priority within the VA.
The Board of Veterans’ Appeals does allow for an “advancement on the docket” of appeals from claimants that are “seriously ill” or “under severe financial hardship.” The Board will also consider motions from veterans over 75 years of age. Whatever the reason, veterans seeking to advance on the Board’s docket need to be very specific about why they should be able to do so and submit supporting evidence (such as a doctor’s statement or foreclosure notice) because many veterans are ill or are in financial difficulty and everyone cannot be given priority by the Board.
Although your regional office is not required to expedite your claim I would suggest your service officer, or you, inform the VA of your current health condition along with medical evidence. There is no guarantee it will work but it is worth a try.
You can also contact your local Senator or Congressman and ask for their assistance. Personally I usually caution against this as more often than not it actually slows the claim down even more. Some people have been successful with this tactic but I have seen 100 that are unsuccessful for every one that is successful.
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