tdiu Please Help If You Have Any Knowledge

[infantry10]

In 2008 I was awarded my unemployability and have been receiving payvat 100% rate (with benefits) ever since. I was sent a questionare form in Sept 2012 (so they say) but never received it. In early Jan 2013 I got a letter in the mail saying I never returned the qyestionare form and my pay would go hack to 60%. I immediately called the 800 number and the form was faxed to me. I faxed it back the same day (which it shows in VA system) but was given a fax number to the PA office which I later found out was a huge problem. It was supposed to be faxed to my regional office in WV not to PA. I have filled out all the correct forms, even had to do a new C&P exam. My local state office says, they've never seen this happen before. When I log onto the ebenefits site it shows I have a new claim as of Jan 22. My pay is currently less than 1/3 of what I've been receiving and it's put a huge problem on me financially. The ebenefits site shows I'm at preparation for decision phase which ive been at for 2 months. If anyone has any advice to give, it would be grately appreciated.

[FormerMember]

Jez, what excellent advice. Put the form on your Yahoo calendar for filing each year in order to remember, too. You one smart feller, John. I'm going to steal that one for my site.

In fact, download a pile of them, fill them all out chronologically and sign them. If you punch out, makes sure the wife puts you in the chest freezer and keeps filing them. If they get too inquisitive, she can thaw you out, tuck you in and call the meat wagon. Do I need to mention that is a joke?

[sambo808]

In 2008 I was awarded my unemployability and have been receiving payvat 100% rate (with benefits) ever since. I was sent a questionare form in Sept 2012 (so they say) but never received it. In early Jan 2013 I got a letter in the mail saying I never returned the qyestionare form and my pay would go hack to 60%. I immediately called the 800 number and the form was faxed to me. I faxed it back the same day (which it shows in VA system) but was given a fax number to the PA office which I later found out was a huge problem. It was supposed to be faxed to my regional office in WV not to PA. I have filled out all the correct forms, even had to do a new C&P exam. My local state office says, they've never seen this happen before. When I log onto the ebenefits site it shows I have a new claim as of Jan 22. My pay is currently less than 1/3 of what I've been receiving and it's put a huge problem on me financially. The ebenefits site shows I'm at preparation for decision phase which ive been at for 2 months. If anyone has any advice to give, it would be grately appreciated.

It is by law that you return the VA Form 4140, serves a certification that you have not maintained or sustained gainful employment. If VA does not receive this form they are required by law to give you a due process and propose to take away your entitlement to individual unemployability, and if you do not respond in 60 days they will go ahead and revert you back to your original combined evaluation, in your case 60 percent. It is possible that they have sent you the due process letter and awaiting your response to it, and since they have not heard from you that is why your claim has been put in ready for decision status. The best thing for you to do is call the Regional Office directly and certify over the phone that you have not sustained or maintained gainful employment, and will go ahead send in the VA Form 4140 as soon as possible. Or you can call the same Regional Office over the phone and ask for a personal hearing for their decision on your IU. Once you initiate a request for a hearing VA cannot take away your IU until they give you the opportunity to be heard, hence provide you the personal hearing.

[infantry10]

Thanks everyone for your feedback. VA says they mailed the form in Sept but I never received it. In Jan I did receive a letter saying my pay would be decreased if I didnt send the form back to them by the end of the month. I was told it would be mailed that day. After a week and it hadn't showed up in the mail I called back and was told another one would be mailed out. I never got it either so I called back Jan 22 and had them fax it to me. I filled it out and faxed it back immediately (which shows in VA computer). I called to make sure they got it and was told they did so I wasn't worrying anymore. March 1st my check was $2100 short. I called my regional office and was told I never sent it in. After a few minutes the lady found the mistake. After I faxed it in, the lady never sent to my regional office. I was told it would take 3 months to get it fixed and well....its now August and it still isn't fixed. I don't know what to do or where to go now. Ive had all documentation turned in since March and did another C&P exam in April. I also receive social security benefits and haven't had any employment since 2002. None of my disabilities have got any better, only worse and I had lots of documentation proving that which I've sent in to them. I only see VA doctors so I'm a little confused on what the long delay is.

[Berta]

It pays for all TDIU vets to make copies of a blank VA Form 4140, file it where they know it will be safe and then mark their calenders for when they expect the VA to send the the form for the next year.

VA told me once I did not reply to a form they had never sent to me.

It wasn't even listed as an enclosure on their mail.

It regarded the VCAA. I overcame their legal error with more evidence.

As to your case, they (VA) have somehow managed to do this to other TDIU vets over the decades I have been a vets advocate.

This stuff doesn't happen in a vacuum.

It pays to send the form to them before they even ask for it....and make sure it goes certified or via USPS Priority mail with a tracking slip.

I suggest you send VA an IRIS ,via the Contact Us area of the main VA web site, telling the what you stated here and send it under the Complaint area.

Ask for an email reply so you have proof of what they say. IRIS complaints go to VA Central so they often move on them fast ,as I have personally experienced.

Edited August 7, 2013 by Berta

[TiredCoastie]

Considering your situation, the Congressional Inquiry hand grenade, as Asknod described it, might do some good. Choose wisely which of your Senators or Congressman you ask for assistance, though. If any are on one of the VA oversight committees or subcommittees, or you are personally related to one of them, he or she would be your first choice. Otherwise, they're about all the same. Senators tend to get more attention than Congressman.

That said, all a Congressional inquiry looks like is a form letter filled out by a junior staffer asking for information related to your claim. It may or may not garner any kind of descent response.

You can throw this grenade if you want to, but the point I'm trying to make is that it might not do a whole lot of good.

Lots of other very solid advice...hope it works out quickly!

Oh, if you can point to any sort of very serious financial difficulty as a result of the mishandling of your IU, you probably should throw that in as well. That's your house going into foreclosure, homelessness, etc. It might get the VA to step up the process faster. Otherwise, as one NSO said to me once, the VA is trying to get everyone a little something before they decide to send you more than you've already got.

[infantry10]

I'm afraid to call any senators ect. Ive heard lots of stories that it only slows down the process of a claim. My wife is friends with a senator here in my home state. Im just not sure if contacting him would help or hurt me.