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]

Did you submit the form and receive a date-stamped received copy or was the DAV to do it??? I'd like to have faith in the NSO but . . . . . . . I'd request the hearing. No harm, no foul! I'd also add, in your hearing request, that if the proposed reduction is rescinded, in your favor, prior to the hearing, you will cancel the hearing request. Also, be sure to get a date-stamped received copy, of your hearing request, as things get lost, sometimes. jmo

pr

Edited September 9, 2008 by Philip Rogers

[jbasser]

PR, you submit that form personally. Never rely on the DAV to do so. They have good intentions but stuff gets lost.

Submit it and give the DAV a copy. Use certified mail, or hand deliver it.

J

[Philip Rogers]

jbasser, you are absolutely right!

pr

[john999]

Naturefreak

I think you want to believe the VSO supervisor that everything will be OK if you just submit the form. I understand that emotion, but I would file an NOD and ask for a hearing. If the VSO is right then no big deal. You just cancell the hearing. If he is wrong then you have saved your ass. Do what Berta, Phil and JBasser have suggested. You can't phone it it. You want proof you asked for a hearing on this issue. Don't gamble on this. As I understand it you have 30 days to ask for a hearing to have the TDIU reinstated. So you can sleep at night I would do it.

[10thFO]

Okay please help here, I' haven't recieved the "still not employed" form. it's been over a year on TDIU. I need to fill this out, but am coming up blank on locating the form. Once I have it, I will hand deliver, after making multiple copies, and make sure the VARO has the right address for me. Although I don't see how they could lose it, since it hasn't changed in 11 years of them sending me, "we are currently working on your claim" notices. Help would be most appreciated guys.

[Philip Rogers]

Okay please help here, I' haven't recieved the "still not employed" form. it's been over a year on TDIU. I need to fill this out, but am coming up blank on locating the form. Once I have it, I will hand deliver, after making multiple copies, and make sure the VARO has the right address for me. Although I don't see how they could lose it, since it hasn't changed in 11 years of them sending me, "we are currently working on your claim" notices. Help would be most appreciated guys.

Here's a link, although I don't know why you'd file one unless it was requested, in which case they'd have sent it. jmo

http://www.vba.va.gov/pubs/forms/VBA-21-4140-1-ARE.PDF

pr