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

[Philip Rogers]

Again Everyone Thanks,

I'm headed down to Philadelphia in the am.

Going to the DAV first then plan on hand delivering the 21-4140 form as well as requesting a hearing.

I was not aware that they had conflicting addresses until last week when I received the reduction notice

as well as the Reduction to a scheduler evaluation. It seems that the Philadelphia office had the wrong address and the reason I didn't know was I hadn't received any correspondence from them until last week.

I'm hoping after I explain this at the hearing( when I get one) this will straighten the whole mess out.

The one letter says I have 30 days to request a hearing from the date on the letter which is Sept 2nd 2008

However I'm taking Philip Rogers advice and taking care of it right away.

Wish me luck, 2 1/2 hour drive but considering the alternative it's obviously well worth it.

Any other suggestions before I head down would be appreciated

Thanks

Your right, you have 30 days to request the hearing but I'd do it ASAP. You'll want to request a "predetermination hearing." Good luck!

pr

[Wings]

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.

Good advice Berta. If the VA sends me a Form, I send it back immediately, but since my memory is pretty much shot these days (major menopause), I can not recall how often they've sent this out to me . . . I would definately send that notice or hand carry AND I would file an NOD that would raise the roof!! What a bogus stunt to play with a disabled vet!! Maybe I should send one every year on my own? ~Wings

[Philip Rogers]

It is extremely important, for veterans, to make sure the VA has your accurate address, especially since many now get their checks electronically deposited. Once the reduction starts it can be hard to stop, even if they are wrong in doing it. It can be devasting for the claimant, adjusting to the loss of income caused by the reduction, while they appeal it. jmo

pr

[halos2]

Forms in and hearing request...That is the way to go to protect your claim. The hearing may take 6 months or more before they schedule you, and you will be protected during all this time with your hearing request.

Also they shouldn't be making any other decisions until months after your hearing. Stay safe be on guard and do both! I protected mine with a hearing request.

[naturefreak20]

Talk about lessons learned!!!

WOW all over an employment form that just backs up my TAX RETURN.

I first went to the DAV (Philadelphia Location) and after about an hour was able to speak directly

to the NSO Supervisor. He assured me that by completing the form and submitting(time and date stamped by VA) an explanation I will receive a letter stating benefits have been continued ........................

I asked him several times if he was sure! I also brought up requesting a predisposition hearing, NOD ect.

He told me there was no need to. I showed him all my paperwork and he still said there's nothing to worry about. Normally I would have felt better hearing it from a NSO since they deal with things like this on a daily basis. When I first applied for benefits in Virginia(2003) my DAV SO was extremely efficient and I was extremely surprised how quick I was awarded 90% and TDIU. She answered all my questions promptly and everything unfolded exactly the way she said it would. However I still feel nervous so I'm returning on Thursday to go directly to the VA and Bypass the DAV to request the hearing in person.

I accomplished the main thing I wanted yesterday and did not complete the second several suggestions.

I'm going to try and do it over the phone but I doubt I can so I'm returning on Thursday as stated above!

I know I should of but I fell victim to the DAV NSO reassuring me everything will be ok.

The trip to Philly although a major event for me and quite painful gives me an opportunity to visit my POP.

Well I'm sure some of you are going to rip into me for not requesting the hearing but I will without fail

do this on Thursday , unless I receive word directly from the VA.

One question if the DAV NSO is right will requesting a hearing cause more harm than good.

Thanks

go ahead and tear into me

naturenut

[Berta]

If you do request a hearing (which I think is always good idea in these situations) believe me-the VA will definitely cancel the hearing when they realise you are still TDIU.

A hearing request lets the VA know a vet means business.I dont like to go against what your NSO said-I want to believe him-and I am sure this will be straightened out-long before any hearing would take place.

I had a vet who was set for a hearing but until the hearing date he continued to send the VA more evidence (proposed reduction in comp).He sure sent them some persuasive stuff.

He was AO Blue Water with a comp award-100 % P & T and his daughter was set for college under Chapter 35. They wanted to drop him unless he could prove service in Vietnam-(after Haas case lost)He had been awarded AO comp under the old regs.

He actually remembered an incident that put him on Vietnamese soil-only for a minute or two- but that was all he needed.He sent them the info on that.

A few days before the hearing- VA cancelled it and restored his comp.The hearing request itself made it necessary for the RO to read all the evidence he sent them.

It was enough stress to give a AO cancer vet-PTSD from the VA itself.