Denied Iu Please Help

[majrrich]

I received a denial of IU.

Reasons stated You are capable of gainful employment (38 CFR 4.16)

It then rattles on about my evidence

Last para. States I never sent in a form 21-8940 therefoe we have denied your claim as the information we requested was crucial to our decision.

Bottom line I sent in the form as requested with 5 other encloseres that were not referenced to in their decision 2 weeks after they asked for it. I have a registered postal receipt signed by them accepting my documentation.

Question should I politely send in a NOD and say the forms and documentation must have ACCIDENTLY been misplaced and resend all docuementaion to include the Postal receipt.

Also I am not so good with this computer can someone tell me how to find 38 CFR 4.16

Thanks in advance

Rich

[carlie]

38 CFR 4.16

http://frwebgate.access.gpo.gov/cgi-bin/ge...03&TYPE=PDF

Hope this helps a vet.

carlie

[john999]

You will have to file an NOD and include a copy of the return/receipt. The VA recently denied one of my claim by saying I had not showed up for a C&P exam even though I was never notified of an exam. It is hard to fight a lie, but all you can do is file your NOD. Do you have a copy of the TDIU form you sent in to the VA. I would include that with a copy of the return/receipt, along with all the other deocuments they say they did not get. Ask for a DRO Hearing so you can sit down with someone and discuss this problem. Have you applied for social security disability? It would help if you got SSD for your SC conditions. You might also ask to see your C-File. All the documents they say they did not get might be sitting in your file and they were just too lazy to look.

[majrrich]

Thanks for the advice after reading the decision again. Their comments are all in line with the reasons I should get IU. Except they say I never sent the 21-8940. which I did. When I do the NOD should I request a hearing or just re send all the paper work

thanks Rich

[lllfly]

Yes,

Send in a NOD with a copy

of the 21-8940.

Do this today.

The best to you.

LLFLY

100%sc P&T

This was awarded on a NOD.

[john999]

I would request a hearing. You want a person to look at all your records, and not some "cut and paste" review. I had a cut and paste type review when the VA claimed I had skipped a C&P exam. The person doing the review did not even look in my file to see if a letter had been sent to me. I was denied again without even the most basic investigation. When I got the personal hearing I got the C&P exam. Ten minutes with a person at the VA can solve 2 years of paperwork problems. It has to be with a person who has the power to make a decision, and not just a clerk. The kind of problem you are having is the reason people hate the VA. It is just negligence on their part and laziness. Your paperwork might still be in the mailroom or sitting in your C-File, but the were too lazy to look. This causes you a hardship and time when it should have been solved before they made their decision to deny you.

[majrrich]

Thanks foer the advice I am working on the NOD now.

I have some questions maybe someone can advise me I am preparing a new 21-8940 since they claim they never received one.

1. on Form 21-8940 Line 12,13,and14. It asked about full time work. My last job was as a self employed sign maker and insaller never making more than 600 a month and worked about 18 hour a week. How do you recommend I answer those boxes?

2. I sold items on Ebay making about 400 a month should I add that under line 16

3rd. as a self employed indenpendent contracter do I fill out the 21-4192 myself?

My customner wont fill it out but he gave me apretty good letter in why I was no longer hired to install his signs.. any advice is appreciated and needed

Rich

[Josephine]

Thanks foer the advice I am working on the NOD now.

I have some questions maybe someone can advise me I am preparing a new 21-8940 since they claim they never received one.

1. on Form 21-8940 Line 12,13,and14. It asked about full time work. My last job was as a self employed sign maker and insaller never making more than 600 a month and worked about 18 hour a week. How do you recommend I answer those boxes?

2. I sold items on Ebay making about 400 a month should I add that under line 16

3rd. as a self employed indenpendent contracter do I fill out the 21-4192 myself?

My customner wont fill it out but he gave me apretty good letter in why I was no longer hired to install his signs.. any advice is appreciated and needed

Rich

Rich,

Do you have the Original Copy of your first TDIU Form, if you do and

it is date stamped you need to turn it in.

On your Federal taxes did you claim these ebay sells.

If you did, you must claim it, if not, to my knowledge ebay does not

turn in sells.

Here is a copy of the letter that Free help me put together to re-send with my TDIU Form.

Subject: Claim for TDIU

This is not an NOD.

I am re- submitting the TDIU form to further assist in adjudicating my claim for TDIU to the best of my knowledge and belief. The counselor at the Roanoke Regional Office completed this form for me upon my first filing for compensation.

I know some of the information ask for on the TDIU form is not complete, but it has been 25 years since employment at Enxx Mexx.

I did go the Administrator and ask for work history records and they were not to be found. If at all possible, perhaps you can access this information from the Internal Revenue Service.

I am requesting TDIU with the Effective Date, being the date that I first submitted evidence of a medical disability, made a claim for the highest rating possible, and submitted evidence of unemployability to the VA - as under Roberson vs. Principi, once those requirements are met “the “identify the benefit sought” requirement of 38 C.F.R. § 3.155(a) is met and the VA must consider TDIU.”

As the VA did not send me the TDIU form though they have had evidence of the above for a substantial number of years, I am submitting the TDIU form.

I expect my TDIU claim be awarded to the earliest possible date the VA received the TDIU claim under Roberson and not from the date the I have sent the form to the VA.

Had it not been for the Negligence of the VA to acquire my psychiatric records from the St Louis archives upon my first filing date, my claim would not had been so complex to establish service connection.

I am requesting the VA to accept the letter from Social Security pertaining to my work history. Additionally, I expect the evidence from my service medical records to be considered constructively in my file as of the date of my earliest claim for service connection / TDIU.

PLEASE READ

United States Court of Appeals for the Federal Circuit

00-7009

HOWARD F. ROBERSON, Claimant-Appellant,

v.

ANTHONY J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

DECIDED: May 29, 2001

In March of 1989, 38 C.F.R. § 4.16 was amended to add subsection ©, stating: “in cases in which the only compensable service-connected disability is a mental disorder assigned a seventy percent evaluation, and such mental disorder precludes a veteran from securing or following a substantially gainful occupation . . . the mental disorder shall be assigned a 100 percent evaluation under the appropriate diagnostic code.”

"Once a veteran submits evidence of a medical disability and makes a claim for the highest rating possible, and additionally submits evidence of un-employability, the “identify the benefit sought” requirement of 38 C.F.R. § 3.155(a) is met and the VA must consider TDIU. The VA must consider TDIU because, in order to develop a claim “to its optimum” as mandated by Hodge, the VA must determine all potential claims raised by the evidence, applying all relevant laws and regulations, regardless of whether the claim is specifically labeled as a claim for TDIU.

I hereby certify the information given is true and correct to the best of my knowledge and belief.

Betty

Edited July 20, 2008 by Josephine (see edit history)