tdiu Va Needs Vaf21-8940

[Lyndenrider]

My last post got kinda long, so I decided to post a new topic/thread, even though my previous situation still continues [i already meet the SC requirement of TDIU]...

Here is the lastest in my struggle:

Last week I received a letter from the Seattle VARO stating they needed VAF 21-8940 [TDIU form] to be completed and returned if I wanted to be considered for TDIU. Problem is, I sent it to them with my original claim back in October 2009. I even called my POA [the DAV] and they verified that the form was in my file and was date stamped October 29,2009.

I am told now that my file will now sit ANOTHER 30 days before it will be ready to be looked at again.

I might also add that my file did go to the rater, but was sent back to the Adjudicator.

My question is:

Is them sending me a letter asking for it a good sign? Or is it a sign that they are confused? Or is this just standard procedure?

Thanks!

Lyndenrider

[Pete53]

If you have a copy of the Form Date Stamped copy it and send it. I believe that you have to respond to all VA requests.

Attach a letter and tell them that you want the TDIU 100% to be granted as of the date you filed your original claim or the date you stopped working if it is later.

Good Luck

PS I consider this an opportunity to make your case and hopefully get it resolved in your favor

[Berta]

"is them sending me a letter asking for it a good sign? Or is it a sign that they are confused?"

Possibly both-remind them that they have received a TDIU form from you alreadfy (I would send a new one as well and yo could go to # 25 Remarks and refer them to separate page, put C file number, name and address on it- and mention they have a 8940 dated ---- from and you have prrof of maling as well as verification they received this form from your POA.

This way when they award TDIU and I hope they do- they cannot snooker you out of any TDIU retro without good cause-

I feel this should be your earliest effective date for TDIU -- October 29,2009.Yo could possibly squeeze even more out of them if the date entitlement arose was earlier then that by established medical records.They dont go back further than one year prior - as far as I know-

The concept and reg (was posted at hadit recently again) of "date entitlement arose"- is a good one.Open to manipulation by the VA.

My husband (USMC and USN) considered that date was about three weeks after he landed in Danang in 1965 when he experienced his first major stressor.The VA doesn't see it that way however.

[Lyndenrider]

Well, got my 'for information only' letter from the DAV today. My total disability rating was raised from 60% to 90%.

My claim for Pain Disorder was DEFERRED and my claim for TDIU was DEFERRED.

Why the heck would they do that?!? My form 21-8940 and my form 21-4192 are in my c-file, verified by the DAV a few months back.

Can anyone help me on why they would defer these two issues? Every other SC claim was increased [a total of 5].

Any help or additional info would be greatly appreciated!

LYNDENRIDER

[pacmanx1]

Depending on how many volumes makes up your file, VA may have not reviewed the entire file. As suggested if you have a stamped copy of your 21-8940, send it in. If you do not have a copy, send in another copy and inform VA that you have already filed it. Your rep. should have kept a copy of the stamped 21-8940 and request a copy for him and send it in to let VA know that they should already have it.

[allan]

Make sure to send it certified, return, reciept. Seattle is great at loosing or misplacing forms and evidence or claiming they never recieved it when it's under their noses.

A quick way to get it settled it request a local hearing. Get a copy of the TDIU form from your SO and stick it right in front of the rater at the hearing and show them by actually pointing to the date with your finger of when they recieved it.

You can spend months playing cat and mouse until it goes missing out of your folder.

It's all about retro back to when you filed.

Requesting a local hearing is your best way of getting it resolved. You won't get travel pay and with winter looking like it might be early in Washington State I would send in a written request soon.

Sometimes they will just blow you off until you nail them down.

[Lyndenrider]

Well, my DAV S.O. recommended that I wait until I get the "official" letter from the VA before screaming too loud. It's possible that the deferral gets granted, since it is just a deferral at this point.

Also, my mental disability [OCD] was increased from 10% to 70%, so that should help my case against SS who has denied me benefits twice already. Time to hire a lawyer I guess...

I wear bilateral knee braces for my SC knee problems and take Morphine for my pain, yet the VA kept my bilateral knee rating unchanged from what was granted 10 years ago after multiple sugeries! Will definitely be submitting a NOD on that! What amazes me is that the VA and SS only make me MORE mentally "handicapped" by causing me undo and unneeded stress due to having to fight for benefits that I have earned and am entitled to. After active duty I worked in the workforce for 15 years with my SC disabilities before it got to the point where I was no longer able to.

I met my end of the 'agreement', why can't the government? I even have documentation in my VA medical file from my VA Psychiatrist stating, in plain English, that I am UNEMPLOYABLE! What more does the VA and SS want from me? I'd gladly give up my health problems for the ability to maintain a job and support my family, but I can't!

Thanks for letting me rant... Time for more Prozac and Morphine....

Lyndenrider

70% OCD

20% Lower Back

20% Right Knee

20% Left Knee

0% Multiple other SC Disabilities

DEFERRED for TDIU

DEFERRED for Pain Disorder