tdiu Tdiu/iu/unemployability

[Veldrina]

....or whatever u wanna call it. We've received Fast Letter 13-13, which states that VA will no longer presume a claim for IU is a claim for increase in ALL s/c (service connected) disabilities. From now on you must specify which of your condition(s) is causing your unemployability AND you must submit a VA Form 21-8940 Veteran's Application for Increased Compensation Based on Unemployability. If you do not submit a completed & signed form, we are denying your IU. If you do not fill in which of your disabilities is causing IU or otherwise identify which ones (whether on a separate paper or VA Form 21-4138 Statement in Support of Claim, we are denying your claim. Just figured I'd give u all a heads up. I've included the actual Fast Letter, but figured I'd put it in "English" first.

[63SIERRA]

Keep in mind the new regulations say at least one of the service connected claims must be specified, but it doenst say you cant claim them all . or 2 or 3 or however many u think affect your ability to work.

[meghp0405]

I've stated this before, but when I assist a veteran with TDIU, I complete the 21-8940, I have the veteran go back and see his/her doctor requesting a letter stating the primary service connected disability on which the veteran can not work in gainful employment. I have them also explain how the additional service connected disabilities have an effect on the primary SC condition, then a statement on the veterans overall health and ability to work. Each claim that I have done with a letter from the doc have been approved (with the exception of those completed in the last 4-5 month).

My question is , Broncovet has stated that the CVAC has ruled that a 21-8940 is not required. I would like to have a copy of that decision. If anybody knows where I can get a copy, I would be most appreciative.

Also the form he talked about the 526, I don't know anybody that is submitting that form to the VA anymore. There are too many ez forms that are being done in lieu of the 526.

Anybody that is completing a regular 526 is just asking to be kept on the back burner....

[63SIERRA]

The reason va is likely doing this is because they want to pin the veteran down on a specific ailment . Ok in 5 , 10, 20 years if a cure comes abt, then they can yank the rating. I would claim everything relevant, because anything that hampers u in any way, can affect your ability to work in some way or another.

Im learning how to play the va word game. The way they wrote it, it would lead the unsuspecting person to believe u must claim JUST ONE, disability as your reason. thats not the case. its trickery of words, to decieve.

It is nit picking, and trying to find technicalities and little caveats to deny. Its plain as day.

I suspect the PTSD rating will be a rating the va tries to deny soon, because so many are claiming it. same with sleep apnea, and back conditions.

IMPORTANT:

RVSRs must specifically address any identified disability(ies) as a claim

for increase in the rating decision, in addition to the issue of TDIU.

Edited November 29, 2013 by 63SIERRA

[stillhere]

As far as I am concerned the VA always did this! I was 70% for like 5 years and was never asked or for that matter considered for IU that I am aware of. I went from 70% to 100%+SMC-s schedule after that.

I again I wish that all service people getting out would take advantage of what is there for them and use it! When I got out it was a kick in the butt for not taking the reup and see you later Gi!

Stillhere

On the flip side this could actually end up help some vets! I know that I could have kept on working for a while longer at the time but that would have been just adding a few less years!

[carlie]

Oh my gosh. This maybe explains why my husbands TDIU claim was just denied.

The VA only considered one sc issue in the decision we got today. He has multiple sc conditions totaling 90% per VA math. Because it was denied before this time we even sent an IMO saying his combined conditions make any work impossible - VA cherry-picked the part about his back in the denial.

VA said his lower back injury does not prevent him working a sedentary job with nothing said about the other injuries that DO prevent sedentary work in the IMO. We had to scrape for months to pay for that IMO and all for nothing.

Because we thought a claim for TDIU meant ALL sc conditions would be considered we did not list them all on the form - we never did before. There is not room in that tiny box! They used the one we listed - his back. Our VFW service officer said this was fine and all would be considered anyway. We filed a year before this letter came out.

We thought we were so careful to get it all right this time. But we have been through 15 years of denials and appeals to get where we are. I never have known VA to just approve anything the first time. Now more years of appeals. We are getting a bit old to keep fighting the VA - they are gonna win by attrition pretty soon!

This is so disheartening.

They most likely denied under 4.16a

[broncovet]

I can not beleive the VA would deny IU when someone has bowel leakage. (Not that I am doubting you.) When you appeal, ask them how many VA employees wear diapers. I mean puleeze....whew..

People wind up in a nursing home that are incontinent.

Its just incredible the stuff VA denies. Delay, deny, hope that we die.

You definately need to appeal this, if you have not done so already. That is, assuming you other wise meet the criteria. You know, you are not substantially gainfully employed, etc.