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tdiu Question On 21-4140 Tdiu Form
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Berta
As you all know,I have left claims advocacy to have input into the reasons for the backlog,with some suggestions I have developed.
There are countless ways in which time is wasted during the claims process after a claim is filed and I have identified some critical areas which I intend to bring to the TVC first and then determine the next step. The 4140 is only one brief area of my concern:
My question is (because I could not find the answer within M21-1MR Part IV, Subpart ii,Chapter 2, Section F under # 28 et all), is this:
What date generates the VA to send a TDIU veteran the important 21-4140 form?
The actual task of having that form generated comes from a “diary control” entry via the BDN and then Hines ITC
(Information Technology Center) actually generates the form.
The reason many vets don't get these forms (and thus VA tries to stop their TDIU comp) is due to a SNAFU either via the BDN or Hines ITC.
If this form could be included with the initial grant of TDIU , with the annual date it must be filled out,signed and sent and if the veteran was advised ,highlighted in the TDIU award letter, to make copies of it and mark their calendars every year or return of it (with proof of mailing from the PO) with a hyperlink ,in the award letter, as well for the 21-4140 on line,
the problems that could occur via the BDN or the Hines ITC could be eliminated and obviously the time it takes VA to deny future TDIU then wait for a new 21-4140 form to filed.
John 999 made this point here many years ago and it still is a solid piece of advice.
The 21-4140 is critical so it makes sense to me that TDIU should vets copy a blank form and mark their calendars when it is due annually. Of course that puts the 21-4140 onus on the veteran themselves but,in my opinion, that is better then taking a chance with the BDN-Hines rigamorale.
My question is
Is the generated date of these forms comparable with the date of your TDIU award letters or with the EED? I cannot determine from M21-1MR what date determines the generation of the form to the veteran and more then that ,I cannot understand why 2 entities (BDN) and Hines ITC have control over mailing to a vet ,this critical form, and obviously screws up occur when vets don't get the form and then get the letter saying their TDIU is dropped because they didn't sign and send back what they didn't even get.
There are countless ways the VA itself can improve the claims process.So can claimants.
The new VBM by NVLSP makes this staggering point.
“The average claimant waits 883 days from the filing of a VA form 9 until BVA deposition.”
Veterans Benefits Manual, by NVLSP, 2011 Edition, 13.2.2, page 1015.
I read this in the new VBM the other day and noticed the same citations NVLSP used are all scattered over my desk-they are the annual BVA Chairman's Reports to Congress. Every advocate should be familiar with them and what they reveal.
Some of the reasons for that horrendous timeframe, of 883 days, are,in my opinion, that certainly many claims Could be awarded at the RO level but aren't. The fact that MANY claims need IMOs ,as recommended here many times, is certainly one way those 883 days can be reduced.Other reasons are that claimants themselves need to do more leg work on getting their evidence ,whether it comes from buddy statements or from the 'clues' that SOCs and SSOCs often contain (as well as the initial VCAA letter.) yet often claimants don't go the whole 9 yards on gathering evidence. And the VA sure won't do that for them. We claimants all have some real responsibility in reducing the backlog as well as VA.
Thanks for any input on the date question for the 21-4140 forms..
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