tdiu Employability Questionaires

[john999]

I did not get my employability questionaire for TDIU on time this year. I sent a form I downloaded of the VA website. Everyone on IU should watch for this form and take some action if they don't get it on time. They lost my form twice last year. If you have moved and the form does not catch up with you the VA may cut off your IU benefits if for some reason they don't have your address.

[navydoc2]

I was just awarded IU in August, when should I expect the questionairre? Thanks.

[jerrbilly]

Great advice!

Here is the form for anyone on IU that hasn't gotten the form. If you're under 60 and haven't received one send one in anyway to CYA.

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

Jerr

I did not get my employability questionaire for TDIU on time this year. I sent a form I downloaded of the VA website. Everyone on IU should watch for this form and take some action if they don't get it on time. They lost my form twice last year. If you have moved and the form does not catch up with you the VA may cut off your IU benefits if for some reason they don't have your address.

Edited January 7, 2010 by jerrbilly

[murph]

I thought it was after 69 they stopped sending letter

[jerrbilly]

I will check and see. I thought it was 60.

Jerr

I thought it was after 69 they stopped sending letter

[jerrbilly]

Here's a nice little IU fact sheet if you're getting IU but I don't see the age limit for receiving the form here. Nice info though. Just copy and paste in your brouser to bring up the word document.

www.vba.va.gov/VBA/benefits/factsheets/serviceconnected/iu.doc

Jerr

Edited January 7, 2010 by jerrbilly

[jerrbilly]

Yep, you're correct. It is 69, not 60. You have to scroll down a little.

Thanks,

Jerr

M21-1MR, Part IV, Subpart ii, Chapter 2, Section F

28. Special Considerations in IU Claims, Continued

b. Monitoring Changes in Employability Status

Changes in the employability of veterans for whom IU is established is monitored through the

· annual release of VA Form 21-4140, Employment Questionnaire, via the Benefits Delivery Network (BDN), and

· Income Verification Match (IVM).

References: For more information on

· dispatch and control for the return of VA Form 21-4140, see M21-1MR, Part IV, Subpart ii, 2.F.28.d, and

· the IVM as it relates to awards based on IU, see M21-1MR, Part X, 9.12.

c. When Monitoring Changes in Employability Status Is Not Required

Monitoring changes in employability status is not required when the veteran

· is 69 years of age or older

· has been rated totally disabled due to unemployability for a period of 20 continuous years, which protects the evaluation from future reduction under 38 CFR 3.951(:), or

· is assigned a 100-percent schedular evaluation.

d. Dispatch and Control for Return of VA Form 21-4140

The table below shows the steps involved in the dispatch and control for return of VA Form 21-4140.

Action

1

BDN generates a future diary under reason code 02, "Individual Unemployability Review," whenever a rating decision granting a total evaluation based on individual unemployability is processed.

2

Hines Information Technology Center (ITC) issues VA Form 21-4140 annually upon maturation of the future diary established under reason code 02.

Note: To control the release of the last VA Form 21-4140, BDN generates a master record diary under reason code 32, "Expiration of Employability Control," 19 years from the effective date of the grant of total benefits, or at age 69, whichever is earlier.

28. Special Considerations in IU Claims, Continued

d. Dispatch and Control for Return of VA Form 21-4140 (continued)

Action

3

BDN establishes a future diary 34 to control for the return of VA Form 4140 two months from the month it is issued from Hines ITC.

Note: If the future diary 34 is not cleared timely, BDN issues VA Form 21-6560, Notice of Benefit Transaction (Hines), message code 631, "Diaried Action Due, reason code 02."

e. Action to Take When Hines ITC Cannot Issue VA Form 21-4140

When Hines ITC cannot issue VA Form 21-4140, BDN generates a VA Form 20-8270, C&P Master Record - Audit Writeout (Hines), with message code 631 or 882, "Employability Letter Not Sent."

Upon receipt of the writeout, immediately send the veteran VA Form 21-4140-1, Employment Questionnaire.

To control for the return of VA Form 21-4140-1, Hines ITC establishes a future diary under reason code 34 for four months from the month in which VA Form 20-8270 was issued.

Note: As a local option, a regional office (RO) may establish a future diary under end product (EP) 310 upon receipt of a writeout with either message code 631 or 882.

f. Action to Take if VA Form 21-4140 or VA Form 21-4140-1 Shows Continued Unemployability

When reviewing the completed VA Form 21-4140 or VA Form 21-4140-1, if the veteran has checked "NO," indicating he or she has not been employed in the past 12 months (block 3) and signed the form, the Triage Team should

· file the completed questionnaire in the claims folder, and

· clear

- EP 692, using the PCLR command, and

- the future diary established under reason code 34, using the DIAR command.

Note: Do not refer the claims folder to the rating activity.

Continued on next page

28. Special Considerations in IU Claims, Continued

g. Action Taken by the Triage Team if VA Form 21-4140 Indicates Veteran May Be Employed

The table below shows the action taken by the Triage Team if the veteran checked "YES" for block 3 on VA Form 21-4140 (or VA Form 21-4140-1), or indicated employment during the past 12 months in "Section I - Employment Certification."

If/When …

Then the Triage Team will …

VA Form 21-4140 shows that the veteran regained employment during the past 12 months

· clear the future diary established under reason code 34

· establish a future diary under EP 310, entering a suspense date 12 months from the month in which the veteran regained employment, and

· notify the veteran that the total evaluation will continue at the present, but VA will reconsider entitlement to a total evaluation in the future.

References: For more information on

· establishing a future diary, see M21-1, Part V, 16.02h(13), (14), and (16)

· sustained employment, see 38 CFR 3.343©(2), and

· the action to take when the future diary matures, see M21-1MR, Part IV, Subpart ii, 2.F.28.h.

VA Form 21-4140 shows the veteran has been gainfully employed for 12 or more consecutive months

· clear the future diary established under reason code 34

· establish EP 310, and

· refer the case to the rating activity.

Note: If the income shown is marginal per M21-1MR, Part IV, Subpart ii, 2.F.27.e, do not

· consider the veteran to be gainfully employed, or

· refer the case to the rating activity.

Continued on next page

28. Special Considerations in IU Claims, Continued

h. Determining Whether the Veteran Has Sustained Gainful Employment

When the future diary established under EP 310 matures, the authorization activity will develop to determine whether the veteran has sustained gainful employment for 12 or more consecutive months.

The table below shows the action to take after development is completed.

If …

Then …

· evidence shows gainful employment has continued for 12 or more consecutive months, or

· the veteran failed to furnish the information requested to determine employment status

refer the claims folder to the rating activity under EP 310.

evidence does not show gainful employment has continued for 12 or more consecutive months

· clear EP 310, using the PCLR command, and

· notify the veteran of continued entitlement to a total evaluation.

Edited January 7, 2010 by jerrbilly