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    • Unfortunately I feel you will need to describe your stressor at some point for the VA. They might concede stressor based on your unit MOS during 911 but that is hard to tell. It does not have to be the most horrific stressor, just one that can be verified. Family lay statements can help but I think you will need to narrow down the stressor and prove it. What special unit were you with? Those unit orders will help. Did this unit get any special awards or decorations for what they did during 911? It is always possible that your DD 214 might not reflect a citation or award that would help VA concede stressor. DD214s can be corrected via a DD 149 form available here at hadit. Just put Not applicable to the injustice part. I know this must have been a terrible experience for you. When I worked at a vet center ,in the PTSD combat group, it amazed me that even though these vets already had a PTSD rating, they would sometimes get into stuff that they never told VA about at all.....even my husband.... I thought I knew his stressors and all of them could be proven ,but one night he told me there were more that he could not even begin to describe to me, let alone to VA.They were the ones that kept him up all night. I will see if the BVA has any decisions there regarding 9/11 Rescue- Recovery service.  Maybe you have a Gulf War stressor that would warrant a PTSD diagnosis and rating...and maybe that would be easier not only to prove, but alleviate re living what must have been pure Hell. Others will help with suggestions here as well.        
    • That's what I thought. I would really just hit the Submit Button, let the Rating Dept do their Magic Act. I continued to file Reg A$$ Claims and FDC's while on a DRO Hearing Appeal from from 2010 Denial of 6 issues, Awarded 10% Tinnitus Hearing SC'd at 0%. By the time my DRO Hearing was held 06/29/14, my other claims had resulted in a 90% combined SC rating. If you now or in the future, think you have a Primary or Secondary SC Issue based on Med Evidence, not emotions or feelings, File the claim as an FDC with your Med Evidence attached as Pdf, sooner rather than later. Semper Fi  
    • rank on the forum is based on your time on the forum and the number of posts you make it is not reflective of your military rank.
    • Thanks-he is still within one year from the date of the decision but does have to move on this fast...that year can pass by quickly. He has no POA so there will be no 646 hold up.
    • I had a CP for my vertigo secondary to my migraines.  The neuro was awful but well that is another drama to fight.  She did state that I had symptoms that could be attributed to Menieres or another vestibular disorder.  Later in the notes, there is mention of a DBQ from an ENT.  Does this mean that they are going to send me to an ENT for further exam, it is not really clear to me honestly.  





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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