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

[RAFA]

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 April 22, 2012 by RAFA

[RAFA]

PR and to those who were kind to give me some insight into my problem, today (05/07/2012) I received decision that VA has reconsidered their decision of proposed action based on VA Form 21-4140-1 "Employment Questionaire" received on 04/25/2012.

The propposed change will not be implemented. And my monthly rate will continue the same.This took less than 16 days to resolve since the day I was notified of the proposed decision.

1) I quickly responded with 21-4140-1

2) I requested a hearing within 30 days, just in case 21-4140-1 did not reach my C-file in time.

3) I contacted my VSO and sent him copy of the proposed decision to reduce and signed submitted 21-4140-1 and asked him to look into this.

What happened here was that I moved from PR to Orlando Florida, I quickly made a change of address with VA benefits office at the hospital, but somebody along the way entered the wrong address.

The VA sent the 21-4140 to " 5952 Bent Pine Dr. #606" It should have been "5225 Bent Pine Dr. #606" it was sent to the wrong address. The mail problably was returned, so the VA made an honest attempt and mailed it to my last (previous) address in PR; I called my sister and she said she forgot about it, since I no longer live there.

Once I received the letters from her I confirmed the error, this was additional proof that the VA made an address error, nevertheless everything is o.k. now.

Thanks.

[john999]

I don't wait to get the form 21-4140 from the VA. I get it off the web and send it certified mail to the VARO. The VA once got my address mixed up with another vet with my first and last name. My pills and everything else started going to some place in Maine. The VA swore I put in a change of address. They will lie and do anything to cover their miserable asses.

John

[jasonvalmartin]

I've been 100% IU since MAY 2012. May 2013 I will have to submitt a 21-4140 income verification form. When I initally was awarded IU my DAV Rep. told me that stock investments, rental income, and accounts recievables (from past work performed) wouldnt count as "gainful employment"....Since then I've far exceeded the threshold was $11,484. Today I got a call from a different DAV Rep. as they constantly change. She tells me that ANY income reported to the IRS HAS TO BE DECLARED on the 21-4140; regardless of how that income came about. She also told me that if that income exeeds the threshold was $11,484; then I WILL lose my TDIU benefits. I've spend 3 days taking to tax attorneys, VA disability attoorneys, and accountants....NOBODY HAS A CLUE WHAT TO DO OR HOW TO ADVISE ME. The best advice I got was do what you want and keep your fingers crossed!!? Please help; any advice?

[carlie]

I've been 100% IU since MAY 2012. May 2013 I will have to submitt a 21-4140 income verification form. When I initally was awarded IU my DAV Rep. told me that stock investments, rental income, and accounts recievables (from past work performed) wouldnt count as "gainful employment"....Since then I've far exceeded the threshold was $11,484. Today I got a call from a different DAV Rep. as they constantly change. She tells me that ANY income reported to the IRS HAS TO BE DECLARED on the 21-4140; regardless of how that income came about. She also told me that if that income exeeds the threshold was $11,484; then I WILL lose my TDIU benefits. I've spend 3 days taking to tax attorneys, VA disability attoorneys, and accountants....NOBODY HAS A CLUE WHAT TO DO OR HOW TO ADVISE ME. The best advice I got was do what you want and keep your fingers crossed!!? Please help; any advice?

Please repost your info as a new topic.

This is an old topic thread.

Thanks