Three Situations that Qualify Veterans for Faster VA Disability Claim Decisions

The VA disability claim appeal process often takes years. My clients frequently ask if anything can be done to speed up the process. The frustrating reality is that most veterans have to wait in line just like everyone else. Some VA Regional Offices have less of a backlog than others, but the same rule generally applies: claims are decided in the order that they are received.

Other than a couple rarely applicable exceptions, there are a three specific situations that may qualify a veteran for expeditious treatment of his or her claim(s) before either the VA Regional Office or the Board of Veterans’ Appeals.

1. Serious Illness

   Veterans with a serious illness can forego the VA claim queue by submitting credible evidence documenting the serious illness. A serious illness generally refers to one that is terminal, but catastrophic disabilities like blindness may also warrant expeditious treatment. A signed letter from a doctor is usually the easiest way to provide the VA with verification.

2. Advanced Age

   Veterans of an advanced age also qualify for expeditious treatment of their VA disability benefit claims.

   For claims currently on appeal before the Board of Veterans’ Appeals, veterans must be at least 75 years of age to qualify for advancement on the Board of Veteran’s Appeals docket. 38 C.F.R. Section 20.900(c)(1). Although the Board of Veterans’ Appeals can advance a claim on the docket itself, it is not required to do so unless a veteran specifically requests it.

   Unfortunately, this regulation does not apply to VA Regional Offices. Although veterans of advanced age can still get their claim expedited by VA Regional Offices, some VA Regional Offices require veterans to be older than 75. Nonetheless, veterans who are at least 75 years old should contact the VA Regional Office handling their VA disability claims and request expeditious treatment; the worst thing that can happen is that the VA Regional Office will say no.

3. Severe Financial Hardship

   Many veterans awaiting VA disability benefit decisions experience severe financial hardship. However, the law does not actually define “severe financial hardship.” Veterans who think that they may qualify should fill and submit a VA Form 5655, Financial Status Report.

   It is also important to submit verification of severe financial hardship. Forms of verification include:

   • bank statements revealing an account deficit or imminent deficit

   • Collections notices or outstanding bills

   • Proof of bankruptcy

   • Evidence of home foreclosure or eviction notices

   • Evidence of pending home foreclosure or delinquent rent

   • Homelessness