Form 21-8940

[babyray]

<_< I went to my VSO (VFW) today and filed a 21-8940 for IU. On line 6 my rep put down my 5 disabilities which are: MDD-70%, ruptured L gradricep-30%; DDD of the spine-20%; DJD L hip-10%; DJD L knee-10%. On line 24 we put "vet is no longer able to obtain or maintain gainful employment due to the severity of his combined physical and mental service connected disabilities." We talked about the effective date being the date I filed the claim on jan/2008. But he failed to put it on line 24, saying " the VA will automatically use this date if they award me IU, if not we'll appeal it then." I am thinking about filling out form 21-4138 and requesting them that according to the regs they must put the jan/2008 date on the claim if I am awarded. One thing I don't have, a doc statement saying I am not able to work because of my SC'ed disabilities.

babyray

[babyray]

If your private doctor knows the VA's format for a report get it from him. You can control this report. The VA doctor's report will go directly into your record. You want to be able to look it over to see if there are any booby traps in the report before it goes into your record. If the VA doctor really knows his stuff he could do a report, but it would not be an IMO. An IMO is an independent Medical opinion. Your private doctor can refer you to one of his buddies who will write you a good IMO. This is how I got a dynamite IMO. My doctor referred me to someone who used to work for the VA. She just hit that IMO out of the park. I came out of the exam with three new conditions that the VA granted SC for that I had not even asked for SC. The VA still refers to me as "the guy will all the conditions".

john999, thx for your conerns. My private doc knowns the VA's format. In fact he has written 2 IMO's for me to get me where I'm at now, which is 90%. So I will call him today to get the ball rolling. Thx again for your info. Chow

babyray

[Berta]

It pays to go over this often.

TDIU will-if awarded- be paid back to date of TDIU 21-8940 form.

It can be nodded if there is medical evidence that VA has that would show the grant should have better ,earlier EED.

I always use my husbands case - he applied for TDIU (they never acknowledged the form however and he filed additional formal claim for higher PTSD rating in 1992.before sending them the 21-8940)

When they awarded 100% P & T he was dead for over 3 years already.

But they used his SSA date ( SSA award solely for PTSD) Nov 1991 - as the earliest effective date.

Nehmer AO claims are different-no time to get into that-

Vets can also challenge a TDiU award and request a staged rating.

I never thought of that when VA made the posthumous 100% award.

My husband didnt jump from 30 % to 100 % overnight-

they save money when they do not consider staged ratings and it seems the vet has to request these ratings themselves.

The VA will go back at least one year prior to the TDIU form receipt date with ample proof that unemployability due to service was evident by medical evidence-in that same year prior to TDIU award EED.

I dont know if they ever go past the one year prior.

Edited November 6, 2009 by Berta

[clw4514]

can this form be filled out via VONAPP? or do i have to print and mail in? and where do i send it? i know, i know....lots o' questions

sorry to hijack....

[Berta]

If it is on VONAPP (it should be) yes you can file it that way but make sure you make a copy of it.

I assume VONAPP can generate receipt of the app and best to make copy of the VA's formal electronic receipt of the TDIU claim.

The only problem I foresee is if VONAPP allows you to expand on question # 25. Does it allow you to attach additional info via a disk?

Or you could simply do that by snail mail and refer to the on line application.

[clw4514]

If it is on VONAPP (it should be) yes you can file it that way but make sure you make a copy of it.

I assume VONAPP can generate receipt of the app and best to make copy of the VA's formal electronic receipt of the TDIU claim.

The only problem I foresee is if VONAPP allows you to expand on question # 25. Does it allow you to attach additional info via a disk?

Or you could simply do that by snail mail and refer to the on line application.

nope - not on VONAPP. oh well...i'll call and find out where to mail it.

thanks berta!!