IU Training Letter & Updates

[triman8654]

In the 07' TRaining Letter For IU, under paragraph 3a. It basically states that if IU is inferred and vet does not return the form 21-8940 within 60 days that va will go forward with a decision minus the IU. Goes on to state that if the 21-8940 is filled out sent to and  received by VA within one year of claim decision, that the claim will be re rated.

My question is with the subsequent Training Letters since 07', does a veteran still have one year from decision to submit 21-8940 and be re rated.?

[broncovet]

Good question!  

    Va is supposed to "defer" the IU rating decision if they did not adjuticate it but did adjuticate other issues.    Did the VA send you a DTA letter for IU requesting you fill out a 21-8940?  When did they do that?  

   If you failed to fill in the applicable form  you can be administratevely denied.  

   If your claim is still pending, and I assume it is, send in the 8940, and sent it certified mail return receipt requested.   Do that pronto!!!

   If they deny you for not sending the form, then show em you mailed the form with your certified mail receipt. 

Previously the 8940 was not required, but you still had to provide the applicable information.  It looks like the new form is required after June 2011.  How old is your IU claim?  Did you submit the OLD IU form?  

If yours is an older IU claim, an 8940 may not be required, but send it anyway..dont give em an excuse to deny.  

Edited December 9, 2015 by broncovet

[ArNG11]

I agree with you bubba.  Note my advise is to make sure if you fax or mail this form in it goes to the correct Evidence Intake Center GREEN CARD recommended return receipt. I sent mine in triplicate.  E benefits, fax, and by my former law pup or ex law advisor, plus snail mail.  I guess that would be quadruplicate.