tdiu Loosing Tdiu ?

[naturefreak20]

I was awarded 90% and TDIU Oct 2003 no future exams

Have had no problems until now!

For so reason I did not receive the VA Form 21-4140 Employment Questionnaire.

It was supposedly sent out the end of May. I never received it. I have not worked

since before my TDIU rating. There is no reason in the world that I would not complete and promptly

fill out this form and send it in.

I received last week a letter stating

Reduction to a scheduler evaluation is proposed because of your failure to return the VA form 21-4140.

I am in panic mode, My new DAV SO has not really eased my nerves. I think he may be new.

I promptly filled out the proper form and went straight to the Post Office and mailed it out on Thursday,

Sept 4.

The VA letter also states

that the reduction will take place no sooner than Dec 1 2008. I have not yet received a letter

scheduling an actual exam. It does also mention that the only reason for the reduction is because of

the failure to complete the form.

My question is , am I too late am I going to loose my unemployability rating? One thing I did notice is that there seems to be conflicting addresses. I also included a handwritten letter explaing this as well as making sure my correct address was on the 21-4140 employment questionnaire. I also called the main VA number

and made sure They had the correct address.

I would appreciate any and all input,or suggestions, I just bought a ranch home and will loose my home if

my benefits are reduced. The wife and I are extremely distressed over this.

Has someone ever been through this?

Thanks in advance

Extremely nervous in PA

[john999]

How far are you from the VARO? I would hand carry the employment document right to the VA and get a hand stamped and dated copy. This could happen to anyone. Next year download the form off the net and send it in on your own. I did that when I did not get my Form to verify my TDIU employment status at the usual time. This is just a sly way for the VA to bump some vets off the rolls. They know that some just won't respond and "Presto" they get reduced.

[Berta]

Other vets have gone through this and you gave them a good possible reason that you didnt get the form-

Did this letter say you have appellate rights or just the reduction stuff?

I would think (hope others chime in) that you should file a formal NOD-tell them exactly what the address problem was but raise the fact that perhaps the VA never even sent the form out to you-

(I wonder if a copy of your C file would reveal what address they sent this form to- maybe you should request the C file copy and see what that reveals.

Dont Panic- easy for me to say- but the VA can only reduce you with probative evidence of sustained improvement-

like you get 100% comp for PTSD but also got a job as a rocket scientist or you have failed to take any meds or see a shrink for long periods of time (which -to the VA could mean sustained improvement)

also if you filed a tax return it would show you have not worked -maybe you should dig that out in case you need it.

You could ask for a hearing in the NOD too.

I certainly feel that any vet would not deliberately ignore this form.

I wonder if they even mailed it to you in the first place.

[Berta]

It is possible that your POA has a copy of the 4140 the VA sent to you in their POA file-

if the address on that is wrong- you need to send the RO a copy of the 4140 that they sent to the wrong address.

[Berta]

Gee -I started getting panic stricken on this myself and I looked into it-

At the BVA web site there has not been any appeal for a reduction on failure to return 4140 in over 4 years that I could find and the one claim I did find-was a CUE claim due to a failure to return the form in 1971.Cue denied.

In any event here is a link to M21-1 if you need it and the info as to the 4140-

The link might have to be copied and pasted into your browser-

http://72.14.205.104/search?q=cache:1UPbI2...us&ie=UTF-8

M21-1, Part III September 16, 2005

Change 133

"e. Questionnaire not returned. Under an EP 310, refer the claims folder to the rating activity if the questionnaire is not returned. The RVSR will prepare a rating reducing the veteran to the appropriate schedular evaluation as of the date of last payment (38 CFR 3.501(f)). Authorization will process the rating and inform the veteran that if VA receives evidence establishing continued unemployability within 1 year of the date of the notification letter, the total rating based on individual unemployability will be restored from the date of reduction."

As long as they have the evidence of unemployability there should be no problem- my other post went into hyperspace I think- it was to see if yopur POA rep has a copy of the 4140 in your POA file there with the wring address on it-that would be good evidence to show them you would have replied to it if they had mailed it to you.

Also check out the criteria at this link for not having to get a 4140 anymore and see if any of it might apply to you.

[sfsd104]

Are you still in a condition that would afford you the benefit? If so, then you have nothing to fear!

What most likely will happen is the VA will schedule you for a C&P. Again, you're condition will dictate whether the award is continued. The VA isn't on a witch hunt - they're accountable to the citizens who pay the benefit. Law is blind.

Your personal belongings means nothing to those who manage the program -- it's allot like your relationship with the IRS.

[MRRRR5]

Great advice given by others here and I hope it works out for you.

Welcome to Hadit and thanks for your service to the country fellow Vet!