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    • Don't take the Claim Ltr to mean more than what it asks, you left info out that needs to be completed. As to your Dr's SISOC, marginal at best. No indication that he actually reviewed your 2002 SMR DX of SA. SC SA DX'd needing Cpap or Bipap is rated at 50%, even if you don't use the Machine, which would not be wise. If you also have a DX requiring supplemental 02 while sleeping due to P02's dropping below 90%, that does support a possible Chronic Resp Failure claim. Check out the 38 CFR 4, SA Rating for 100%. You'll notice that there are 3 or 4 DX "OR'S" listed, any (1) of which could get you a bump to SA 100%. That worked for me, this past 12/15. It took a VA Quality Review of a 07/15 increase Denial Decision, but the Sr Rater agreed with my position regarding my SA Request for an increase to 100%. Every thing regarding my 02 use and meeting another (2) of the 100% requirement was in my VMC records. The original Rater just didn't understand the significance of the "OR's" and the 02 Use. Got 100% Retro'd back to 01/14 with SMC S (1). Semper Fi  
    • Send her a black rose with a small card that says "Paid for by my VA Benefits" and then ignore her.   Unless you get information that she is trying to cause you a problem, you probably dont need a lawyer.  If she is calling up SS and the VA and all the other points of contact about your disability, then you might think about it if she is lying.  This would be defamation of your character if she is telling stories about you that are not true, in an attempt to cause you harm.  Then you would want a lawyer.    
    • Your worst enemy can't hate you like an X. How long has she been your X? I'd take her off your Christmas Card List. Semper Fi
    • Your Scheduler 100% SC for PTSD, not a combined Rating, right? NO IU Rating involved? Any mention in your Award Letter regarding a possible Fiduciary Appointment? I know you mentioned your $6K Retro Deposit, it's just that a 100% PTSD Vet, who may or may-not be homeless and may or may-not have RX or other Dependency issues, is usually a prime candidate for a VA Fiduciary Appointment. Semper Fi
    • At this stage of your PTSD Rating Decision, kind of the "11th Hour" so to speak, just try to relax. The VA PTSD Rating Decision won't move any faster or slower based on anything you could do at this point. You have a PTSD DX, it all comes down to the Raters Determination regarding your MST Supporting Evidence, it will either be Compelling or not. Keep in mind, the VA "Benefit of Doubt Doctrine." If for some reason, the Rater determines that your MST "Marker Evidence." doesn't quite Seal the Deal and the evidence for and against an SC rating is determined to be in "Equipoise," you get the Jump Ball and the SC is Awarded. At least in Theory. The only thing you can and probably should do, practice the Anxiety/Stress relieving exercises that you learned in Group Therapy. Get together with someone from your Group, it really does help to talk face to face. Semper Fi





RAFA

Proposal To Discontinue Iu-Have Not Received Va Form: 21-4140

17 posts in this topic

I just received a proposal to discontinue entitlement to Individual Unemployability because I failed to return VA Form 21-4140.

Also, proposal to discontinue chapter 35 for the same reason.

The VARO decision was made March 16, 2012 and received on April 20, 2012.

I was given 100% with IU P&T effective date: 01/14/2010

I appealed for effective date of claim and a favorable decision on (08/19/2011) of 30% back to 12/01/1997 prior to 01/14/2010.

1). They never sent me the 21-4140 form to be fill out.

2). They just made a decision and sent it out, problably because I am purchasing a home with a VA guaranteed loan and while handling my folder they saw the "Employment questionaire" missing.

What I have done:

1). Since I am given 60 days to submit VA Form 21-4140-1, I sent form via Postal Service returned receipt on 04/21/2012 (yesterday).

2). I also E-mailed and Faxed a copy to my VFW representative, will talk to him tomorrow.....I will send one every year from now on regardless.

Why does the VA make a decision without first sending out the form?

What will happen now?

Edited by RAFA

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If you are getting IU, it is your responsibility to send in the form yearly..you can get these online. However, if you are not working, and send in the form, then you should be ok.

Do respond to the proposol to reduce, however, or they will reduce you.

Edited by broncovet

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Actually, this is no big deal... if your not working a letter to that effect is all that is necessary or you can send the form either way... a proposal to discontinue ... is just that.. it is automatically triggered when the va doesn't receive the form......once you respond the problem goes away...

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You need to request a hearing today or your reduction could take place. Having a hearing could delay that reduction until they can process your form. jmo

pr

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Every here gave good advise.

"Why does the VA make a decision without first sending out the form?"

They are hoping you don't return the form or appeal the decision.

About 5-6 years ago there was quite a big hoopla in the electronic vets communities because VA was proposing to reduce countless vets ,nationwide, who were never sent the employment form.

I think it was John 999 here, who advised all vets with TDIU or 100% SC to print off a bunch of these forms and mark their calendars to when the VA usually would do their annual check on these benefits and then send it to VA themselves with proof of mailing and a copy to their VSO too.

I think it was a VA BS tactic years ago to hopefully reduce some comp payments (in my opinion) because it was not a coincidence that so many TDIU/100% vets never got these forms in the mail that year and luckily were quite vocal on the internet about it and I think it was questioned at a H VAC hearing.

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I just came back from the local VA Contact office and the front desk clerk helped me.

He gave me a date stamped copy of the 21-4140 for my records and noted it in the system, that they have received it and that I haven't worked for the last 12 months.

He said he will send it to the corresponding station address (PR) via UPS and that I should be o.k., no need to request a hearing.

He also said the VA in PR mailed the form in January, I moved on Nov. 27 2011 from PR to Orlando, Fl. made change of address at the VA health system on Dec. 2011 and VA contact office on March 5, 2012.

During this move the letter did not reach me, this are the consequences of not changing addresses right away at the Hospital and Regional level.

Personally, I don't think they mailed it because my sister would have let me know about it.

Thanks, to everybody for the help,

Edited by RAFA

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