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Filing For Individual Unemployability


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Filed July 29, 2010 we received their reply August 5, 2010. Question, Regional Office called this morning and said they needed additional information? I thought that all they needed was a Form 21-8940 which I have a copy of. I did however send a cover letter stating his recent increases from 70% to 90%. What else is needed? Tried to call but you all know the routine, press 1, wait, press whatever. She's supposed to call back this afternoon. I need to bale hay and e does not do well over the phone. She didn't leave a name or her extension number. Oh well.

Carolyn

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They "may" need former employer verification showing "why" your husband was terminated? Also, is your husband on SSDI solely due to his service connected condition? If so, this is good evidence for TDIU and should be sent in.

Gardener

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Gardener, you're probably right. I pulled up the form and have filled it out for his ex-employer to finish. e is in the process of obtaining SSDI now. He has a hearing this month. Thanks

Carolyn

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They may want verification of E's last day at work so they can pay retro. They need something in writing. I had this problem myself. They did not bother to call but just left it twisting in the wind until I found out why my TDIU was stalled. I sent them my SSD award letter and official form 50 from the post office where I worked showing last day of work. Take the stuff to them yourself. Don't wait for them to request it.

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john999, you were right she wanted his last employers address so she could get some information from him. I can't believe she called back! Good to her word, although she wouldn't give her name. E had to talk to her as we didn't get a POA for me which is what everyone who has a family member doing their claims should do. They will not talk to anyone but the claimant. She's sending a letter requesting information, so far we haven't had that much trouble but who knows this may be the time. She told E that she wanted to expedite his claim and would have it in the mail by noon.

Carolyn

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Carolyn, Glad you are headed in the right direction. BTW the VA or VARO or VAMC will talk to the spouse as long as the VETERAN tells them it is ok/fine/appropriate to speak with my spouse as he/she helps me etc. If you try to talk first, NO GO, but once they have E on the phone he can just tell them it is ok for you to tell my wife the information as she helps me with this and also she makes notes for me, or whatever.

They always make the vet give all the indentifiyng info then that's when he needs to tell them they have his permission to speak with her.

This is not a one time thing you/he have to do it everytime you want to be able to talk with them. Also if they call you back they will use the same protocol with him first before talking to you.

Edited by halos2
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So much for smooth sailing! Damn!!! Here's what the RO wants AGAIN. Form 21-4142 Authorization and Consent to Release Information, they already have all the information except last employers statement. Since they know E used to dairy farm, they now want Form 21-4125, Pension Claim Questionnaire for Farm Income. Even though the farm is in both our names all income has been in my name since 2007. Oh, I should add that my net farm income is almost zero. Should I put his income zero since that's what it has been? A friend said to do this. Should I just send our tax return? What does this do to us? F--K us up or what? I don't think us having a farm should be a factor in him receiving IU. They need a Form 21-4192 Request for Employment Information, from his last employer which I understand that. They want a Form 21-2138, Statement in Support of Claim which I understand also. Now do I need to get all the information we sent when he was increased to 90% from 70%. I know this is a lot of questions but it seems that this is starting all over again. I thought this flipping process was about over. On the VCAA Claimant Checklist the only thing they request on this is Form 21-4192.This damn process is driving me crazy. Just when I think we've finally gotten over the hump here we go again. Heck I think I asked too many questions. HELP Carolyn

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