Priority Processing based on Extreme Financial Hardship

 

Any veteran who has filed a VA disability claim knows it can take months, sometimes years, for the VA to issue a decision on their claim.

 

If you are experiencing extreme financial hardship, the wait for a decision regarding your VA disability claim can be intolerable, financially. Because of this, the VA requires that claims filed by veterans suffering extreme financial hardship receive priority processing. The VA lists the types of claims requiring priority processing on its website and explains the types of evidence to submit for each category. (https://www.va.gov/supporting-forms-for-claims/request-priority-processing-form-20-10207/introduction)

 

 

 

What qualifies as “extreme financial hardship” for VA purposes?

 

A veteran’s financial hardship must be extreme, which means the veteran’s financial situation has to be more serious than living paycheck to paycheck. The veteran should submit evidence that shows their income is insufficient to pay essential expenses such as rent/mortgage, utilities, and medical expenses related to your disability.

 

 

 

What form do I use and how do I fill it out?

 

A veteran or their representative should complete and submit a Priority Processing Request Form, VA Form 20-10207, which is available for download at https://www.vba.va.gov/pubs/forms/VBA-20-10207-ARE.pdf. Although not a requirement, VA Form 20-10207 is an efficient means of letting the VA know what specific circumstances you believe qualify your claim for priority processing status.

 

 

What documentation do I need?

 

Evidence:

 

When you submit your request for priority processing based on extreme financial hardship, include evidence that proves to the VA that your financial hardship is extreme – not just temporary – in nature, such as:

 

  • Eviction notice
  • statement of foreclosure,
  • notice of past due account(s) from creditors,
  • collection letters,
  • notice that a utility will be shut off
  • a bankruptcy filing.

 

 

Personal Statement (Optional):

 

Sometimes it can be helpful include a personal statement with your request in order to tie together the evidence of your financial hardship with the toll it is taking on yourself and your dependents. When personal factors cannot be conveyed in your financial documentation, add your personal statement on VA Form 21-4138 (Statement in Support of Claim). You can download the form here: https://www.va.gov/find-forms/about-form-21-4138/.

 

 

 

How long does it take for the VA to approve or deny my request?

 

The VA does not have a deadline to review your priority processing request. The VA typically has a faster turnaround for priority processing requests based on homelessness due to their urgent nature. (more on priority processing requests based on homelessness and facing homelessness in our next blog)

 

 

What are VA wait times without priority processing?

 

The VA publishes expected processing times for claims on its website.

 

As of June 2024, wait times for a VA decision varies depending on the type of claim you filed:

 

 

Unfortunately, the VA’s projected turnaround times are shorter than the actual time it takes the VA to process the claims and issue a decision. Veterans whose claims require priority processing stand the best chance of a faster decision.

 

 

 

What can I do while I wait?

 

            After your priority processing request is submitted, expect to wait at least a few weeks for the VA to review your request and make a decision. The VA will not send you or your representative a notice regarding whether your request was approved or denied, so the only way to know if your priority processing status was approved or not is to call the VA Benefits Call Center at (800) 827-1000 and ask.

Priority Processing based on Homelessness and Facing Homelessness

 

A veteran who requests priority processing based on homelessness would indicate their homeless status in VA Form 21-10207.

 

“Homeless”

 

Federal law defines the term homeless. (42 U.S.C. 11302)

For VA purposes, a veteran is homeless if they:

 

  1. Lack a fixed, regular, and adequate nighttime residence;
  2. have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (For example: sleeping in a car, park, abandoned building, bus or train station, airport, or camping ground);
  3. live in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (For example: hotel or motel paid for by Federal, State, or local government program for low-income individuals or by charitable organizations, congregate shelters, and transitional housing); or
  4. reside in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided.

 

 

Facing Homelessness

 

The VA requires priority processing for claims of veterans who are facing homelessness, as defined by federal law. (42 U.S.C. 11302) The VA considers a veteran to be “facing homelessness” if they:

 

  1. will imminently lose their housing, including housing they own, rent, or live in without paying rent, are sharing with others, and rooms in hotels or motels not paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations;
  2. have no subsequent residence identified;and
  3. lack the resources or support networks needed to obtain other permanent housing.

 

 

Evidence of imminently losing one’s housing can include:

 

  • a court order resulting from an eviction action that notifies the veteran they must leave within 14 days;
  • having a primary nighttime residence that is a room in a hotel or motel that the veteran lacks the resources to reside at for more than 14 days; or
  • evidence that the veteran’s landlord will not allow the veteran to stay for more than 14 days
  • a personal statement* from the veteran attesting to the above circumstances.

 

*Add your personal statement on VA Form 21-4138 (Statement in Support of Claim). You can download the form here: https://www.va.gov/find-forms/about-form-21-4138/.

 

 

 

Additional Grounds for Priority Processing

 

Priority Processing based on Advanced Age

 

            Your claim will receive priority processing at the VA and BVA if you are of advanced age, so long as you provide your correct date of birth on the priority processing request.

  • For claims at the VA Regional Office level, Veterans 85 and older qualify for expedited processing of their claims.

 

  • At the Board of Veterans’ Appeals, veterans 75 or older will have their case advanced on the docket.

 

Priority Processing based on Terminal Illness

Veterans can request priority processing based on terminal illness. The veteran should include evidence of being diagnosed with a condition that is terminal in nature:

  • Copies of Medical records indicating they were diagnosed with a condition that is terminal in nature;
  • A letter written by your treating physician that includes diagnosis of the terminal condition; and/or
  • a completed VA Form 21-4142, Authorization to Disclose Information to the Department of Veterans Affairs, and VA Form 21-4142a, General Release for Medical Provider Information to the Department of Veterans Affairs, if the veteran would like the VA to obtain copies of their private medical treatment records

 

Priority Processing based on Very Seriously Injured or Ill During Military Service

Veterans who were seriously injured or seriously ill during service may request priority processing. The veteran should include evidence such as:

  • Copy of military personnel records that show a determination from the Department of Defense (DOD), and
  • Medical records indicating severe disability or injury; and/or
  • a completed VA Form 21-4142 and VA Form 21-4142a, so the VA can obtain copies of private medical treatment records

Priority Processing based on Amyotrophic Lateral Sclerosis (ALS) /Lou Gehrig’s Disease

 

Veterans diagnosed with ALS can request priority processing. With their request, the veteran should submit:

  • Copies of medical records showing a diagnosis of ALS, and/or
  • a completed VA Form 21-4142 and VA Form 21-4142a, so the VA can obtain copies of private medical treatment records.

 

Priority Processing based on Purple Heart or Medal of Honor Recipient

 

Claims of veterans who were awarded a Purple Heart or Medal of Honor will receive priority processing so long as the veteran submits evidence of receiving their award, such as:

  • Copy of military personnel records such as DD Form 214 (Certificate of Release of Discharge from Active Duty); or
  • Information showing they are a recipient of the award (Orders, Award certificates)

 

Priority Processing based on Former POW

 

Claims of veterans who were prisoners of war will receive priority processing so long as they provide evidence of former POW status, such as:

  • Copy of military personnel records such as DD Form 214 (Certificate of Release of Discharge from Active Duty); or
  • Information such as your service number, branch and dates of service, dates and location of internment, detaining power, or any other information relevant to the detainment.

For additional information, please see VA Form 20-10207 Instructions: (https://www.vba.va.gov/pubs/forms/VBA-20-10207-ARE.pdf)

 

Need help from an experienced VA Disability Benefits Attorney?

 

Would you like an experienced VA disability benefits attorney to file your priority processing request for you?

 

Hiring an attorney does not guarantee the VA will decide your claims faster but hiring an experienced VA benefits attorney can make the process of obtaining your VA disability compensation benefits much easier. By thoroughly reviewing your case, determining the most effective strategy to get you maximum benefits as quickly as possible, and by supporting you every step of the way, Veterans Law Group will work hard to get you the compensation benefits you deserve.

 

Please contact our firm for a free consultation today by [add how to submit a consult request via website and/or call (888) 811-0523].

 

 

Not sure if you want to include Advancement on the BVA docket in this blog or not?

 

Getting the Board of Veterans’ Appeals (BVA) to process your appeal faster

 

Veterans can appeal certain VA decisions to the Board of Veterans’ Appeals (BVA). Once an appeal is filed at the BVA, it is placed in docket order. A request for priority processing at the BVA is called a Motion for Advancement on the Docket. (38 U.S.C. § 7107(b)).

 

What grounds qualify as a basis to Advance my Appeal on the BVA Docket?

 

            Veterans can submit a Motion for Advancement on the Docket on the bases of:

 

  1. Severe financial hardship;
  2. Serious illness;
  3. Advanced age (75 and older);
  4. Unusual hardship due to a natural disaster such as a hurricane, earthquake, or flood; or
  5. other sufficient cause

 

 

(https://www.bva.va.gov/CustomerService.asp#:~:text=As%20a%20general%20matter%2C%20the,hardship%2C%20or%20other%20sufficient%20cause.)

 

 

What forms do I need to submit?

 

Written Request

A veteran or their representative must submit a written request to the Board that includes:

 

  1. the basis for requesting advancement on the docket;
  2. includes the veteran’s name;
  3. name of veteran’s legal representative (if applicable); and
  4. veteran’s claim number.

 

 

Supporting Evidence

 

 

The veteran must include documentation in support of the reason for their request. The supporting evidence needed is different for each type of claim:

 

 

  • Severe financial hardship (bankruptcy petition, home foreclosure notice, statement that the individual is experiencing homelessness);
  • Serious illness (physician’s statement);
  • Advanced age (correct date of birth noted in written request);
  • Unusual hardship due to a natural disaster such as a hurricane, earthquake, or flood (personal statements regarding the impact of the natural disaster, newspaper clippings, pictures, FEMA declarations, etc.)

From: (https://www.bva.va.gov/CustomerService.asp#:~:text=As%20a%20general%20matter%2C%20the,hardship%2C%20or%20other%20sufficient%20cause.)

 

 

How do I submit my Motion for Advancement on the Docket?

 

            The motion and supporting documentation should be submitted to the Board of Veterans’ Appeals either by mail or fax.

 

By Mail:           Board of Veterans’ Appeals
P.O. Box 27063
Washington, DC 20038

 

By Fax:             1-844-678-8979 (Toll Free)