tdiu Got Tdiu -Now Letter They Are Trying To Take Away

[atlaturne]

I got TDIU some time ago(as I should have)I was an attorney by former profession-I was sent questionairre @ whether I had worked in last 12 months-I do what I have to do to maintain my license -CLE education,etc-also/ I did a will and maybe one other matter-very low income-less than 9000$ or less in one year maybe I did not fill out form correctly-I dont know how to answer the question in that I am still an attorney- but they are trying to reduce my TDIU to 80%-my Drs will say I cant work-but how do I address this mess-thanks for my HADIT friends Is there some case that says that marginal employment is not enough to cancel TDIU-also should I go to local VA office and seek assistance-I know to and will answer by Reg Mail.They are trying to say that I worked for twelve months-but I really did not-other than being licensed-I cant work physically-as my Dr will say I am 66 years old/also on social security

Edited June 8, 2011 by atlaturne

[Commander Bob]

NOTE * ~'atlaturne' accidentally misquoted Cmdr. Bob ~ ...'atlaturne's post on 04 October 2011 - 12:16 AM

Should read:

~(Posted 16 June 2011 - 01:10 PM)~

Turned in reg/return receipt reply requesting hearing along with form 21-4140,along with new statements from my Drs. showing me to be fully disabled and permanately unable to work,The letter I received from VA says" if form 21-4140 and all necessary info which certifies you remain unemployed is submitted within 60 days-no action will be taken to discontinue this benefit."

************************* 'atlaturne' inserted misquote ~Posted 04 October 2011 - 12:16 AM~

I provided two new IMO letters from two of my Doctors as to my service connected injuries being permanent and rendering me unable to work-permanately disabled-also submitted a VA form 21-4140-the letter I received said if I furnished "all necessary information to certify that I remain unemployed,no action would be taken"-Well it must have worked,because benefits continue and no further action or procedings(I had requested a hearing,it they intended to proceed with reducing my benefits,take away TDIU- thanks for all the advise which was helpful

Glad it all worked out for you, 'atlaturne'.

Cmdr. Bob

P.S. However, for the record, and as you can see, you have accidentally inserted your response up-date, in the middle of my June 13, 2011 post, that you Re-posted on 03 October 2011 - 11:16 PM.

You need to edit the post you made this morning at 12:16am, so that we don't confuse any future readers of this thread. I see you also mixed up Pete53's quote, in your 12:17am post. Perhaps you, or with Pete53's help, could go in and correct your mistakes, by moving the quote marks to the correct places.

Again, I am pleased to see that your TDIU issue was straightened out.

C.B.

(* Edited by cmdr. Bob 10/6/2011)

Edited October 7, 2011 by Commander Bob

[john999]

What kills me is the vet has to depend on the VA processing the employment questionaire in a timely way. These screw-ups could lose their butts if they were not sitting on them. I send the darn thing in early before I get any prompt from the VA. I am TDIU ten years.

[hedgey]

Is the form 21-4140 the one that TDIU vets need to send in? My TDIU was granted last December, and is P&T (got the commissary card, CHAMPVA for my spouse, etc).

Is TDIU ever really P&T? Will the form need to be submitted forever?

[Commander Bob]

...

Is TDIU ever really P&T? Will the form need to be submitted forever?

1) Is TDIU ever really P&T?... Yes*

(*subject to fraud violations)

2) Will the form need to be submitted forever? ... No

Edited October 6, 2011 by Commander Bob

[GuaymasJim]

After 20 continuous years, you are not supposed to have to return the questionnaire. However, nothing is certain with the DVA! My UI was scheduled to be rescinded after 28 continuous years, twice because I failed to return the questionnaire which the DVA never sent and which I never received.

Veterans Benefits Administration M21-1, Part III

Department of Veterans Affairs Change 133

Washington, DC 20420 September 16, 2005

5.08 CONTROL OF EVALUATIONS BASED ON INDIVIDUAL UNEMPLOYABILITY

Prior to October 1, 2005, if a veteran was assigned a total disability evaluation based on individual unemployability, BDN would automatically issue an annual letter (VA Form 21-305) reminding the veteran of his/her responsibility to immediately notify VA if he or she returns to work. Effective October 1, 2005, an employment questionnaire will be issued to this same category of veteran for a period of 19 years or until the veteran reaches age 69, whichever comes first. BDN will automatically establish controls for the return of these questionnaires. The Income Verification Match will also monitor the veteran’s employment status. See M21-1MR, Part X, Chapters 9 and 10.

a. Exceptions. Controls under this section are not required in any of the following instances:

(1) The veteran is 69 years of age or older;

(2) The veteran has been rated totally disabled for a period of 20 continuous years, which protects the evaluation from future reduction under 38 C.F.R. 3.951(a); or,

(3) The veteran is assigned a 100 percent schedular evaluation.<br style="mso-special-character:line-break"> <br style="mso-special-character:line-break">

************************************************************************

[GuaymasJim]

Training Letter 07-01 Total Disability Ratings Based on Individual Unemployability (IU)

1-4…

5. Continuing Requirements for IU Award

5.a. VA Form 21-4140

After the initial IU award has been made, the veteran must submit a VAF 21-4140, Employment Questionnaire, on a yearly basis to certify continuing unemployability. The VAF 21-4140 is required unless the veteran is 70 years of age or older, has been in receipt of IU for a period of 20 or more consecutive years (as provided at 38 CFR 3.951(b), or has been granted a 100 percent schedular evaluation. The form is sent out annually to the veteran from the Hines Information Technology Center and must be returned to the regional office. It requests that the veteran report any employment for the past 12 months or certify that no employment has occurred during this period. The VAF 21-4140 includes a statement that it must be returned within 60 days or the veteran’s benefits may be reduced. Completion of this form has a major impact on IU benefits in one of three ways, as described below.