Iu Question

[x020574]

I have some pending claims for hearing increase, IHD new, DM II new, ED and Depression secondary to SC disabilities.

They have been pending since 2/2012 and I recently received a phone call from a RO person asking me if I wanted to consider IU. Initially I said yes but after receiving the va form 21-8940 I doubt I'll get it because i owrk part-time and make about twice what the Federal Poverty Level is (approx 19K after business deductions). I am an at home computer programmer, I'm self employed and work part-time because of my disabilities. I could never work fulltime and do not expect I will ever return to fulltime work. I am only able to work 10-15 hours per week under the condition that I can pick my own days/hours to get work done. I have a very accomodating client/employer. I have no other clients because of my stipulations on when I can or can not work.

Given all this, should I bother filling out the form or just tell them I have no other evidence to submit so they can move my claim along?? I'd rather them not hold up my claim while verifying employment info, and unneccesarily clog up the system with claims that are going to go no where.

And by the way, since I said yes I see that they added IU as a contention and eBennies shows the claim going back to gathering evidence... plus they changed the date of completion by adding another year at minamum. Could this have been a tactic to put the claim back in a holding pattern for another year. It is already 17 months old - Boston RO?

[Philip Rogers]

I doubt you'll get TDIU but I would apply, as your employer "is very accommodating, which most employers would not be. I doubt it was a tactic. jmo

pr

[x020574]

I doubt you'll get TDIU but I would apply, as your employer "is very accommodating, which most employers would not be. I doubt it was a tactic. jmo

pr

pr - Thanks, that was my feeling also... but I think I'm better off just withdrawing the IU contention as it would only serve to delay the processing of my claim without any realistic "granted" outcome for IU. Altough I'll certainly consider IU in the future.

[stillhere]

Not sure if taking out the IU would put it back on schedule as you say. You can try of course but seems to me like each time someone does something while the claim is being processed that causes it to be pulled and put back!

Kind of like chewing gum and walking not sure they can do that . Ha Ha!

Stillhere

[harleyman]

X020574-

Don't withdraw your claim for IU, it will slow things down. Just send in the VA Form 21-8940, on the form write your are self employed. Let them deny you based on the fact that you make too much money working your PART TIME job, rather than having them deny you because they think you are still working fulltime. It looks better, that your disbilities limit you to PART TIME work even, if your income is above the cutoff for gainfull employment. When you send in your VA Form 21-8940, tell them you have no other evidence to submit. That should move your claim to the next step. Unless you have not yet had C&P exams.

If you haven't had your exams, make sure you tell them what (all the) disabilities that cause you to be unable to work fulltime. In my opinion you should list every disability you are service connected for. They then have to order an exam for all your conditions to determine if they have worsened. If you only list a couple of conditions, they will only order exams for the couple of conditions, not everything. And when they look at your IU claim they only consider the conditions you say keep you from working. In my opinion All a Veteran's service connected conditions keep a Veteran from working.

These are really tricky issues right now at the RO. Exams are a main issue in most of these older cases.

You did not say whether you have already had exams or not. Did you tell them your s/c conditions are causing you not to work? It really is hard to tell from your post where you are in the process in claims development.

Also, if you "withdraw" your claim, they have to send you a withdrawal letter and it will add another 30 days to your claim. Each time there is action on a claim it adds more time.

Edited July 16, 2013 by harleyman

[john999]

You can cut back on your work. How much did you declare to IRS and SSA last year?