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