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Loosing Tdiu ?

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naturefreak20

Question

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

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Again Thanks Everybody

This site is a life saver. I always make sure when I'm at the VA Hospital or Regional Office that veterans

know about this site.

OK here's an update and I thinks everything is straightened out. Or is it just beginning???

They VA Regional Office received on Friday, A letter requesting a hearing as well as my 2007 Tax return

and a copy of my Social security Disability proving I do not nor Have I been able to work since My Medical

Discharge. I also included another completed Employment Questionnaire 21-4140. I was not feeling well so

Thursday my wife sent the info certified mail and I checked on line and they got it Friday.

Today I get in the mail a letter stating they had received the 21-4140 EQ.

The letter stated they have updated my records and I will continue my compensation payments unchanged!

I just hope that because I requested a hearing that they will now change there minds?

Should I call or send another letter sating I am satisfied with their decision and they can cancel my request for a hearing. When should I do this or should I wait a few days.??

Now I'm nervous about the hearing request. I just want this to be done with.

Thanks again everyone!!

Sincerely

Naturenut!!

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As long as this is real I think you are OK!!!!!

And I think it is the real deal- best to make sure that your rep got copy of the same letter too-

You had a great idea- it would save many vets the stress that you went through if they copy off these blank forms and mark their calendars for when the VA should send them-and if they didnt get the form-when they think it might be due (maybe every year after the award date?)they can fill it out and send it in themselves.

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  • HadIt.com Elder

I agree w/Berta, you should be okay, however, I, personally, would send them another letter, certified, return receipt requested, stating that you have received their fully favorable decision to continue your compensation payment, without interruption, dated ____, and as a result of that fully favorable decision you are rescinding your request for a hearing. You might want to enclose a copy of the decision, also, in case they lose theirs. It may not be needed but better safe than sorry! jmo

pr

Edited by Philip Rogers
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This happened to me earlier this year. I called the VARO to check on an appeal and the Rep. said after he checked on my appeal that he noticed that my employability form hasn't been received. I told him I never any form. He said no problem and did it over the phone. I think after hearing all this I will download and send in form just to be sure. Since my appeal is for P&T.

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  • HadIt.com Elder

Just remember you are not dealing with a rational being. You are dealing with the VA. You have to do whatever is necessary to protect yourself according to the book, and not believe some service officer or VA employee. It is your money and the guy who gives you bad advice won't lose a thing.

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