tdiu 4140 form

[GARYLINN]

I am so befuddled today over this form.  FORM 4140.  I JUST learned about it.  I have been receiving payment at the 100% rate for eight years.  I am actually 80% but receiving unemployability pay.  I just learned from reading an article that this form is due once a year or they can reduce or even take my rating away.  WHAT THE HECK?  Again, I have not even ever heard of this form until about thirty minutes ago.  Is it possible that my part of the country (Manchester, NH) doesn't care about Form 4140?  Should I begin sending it in even though I have NEVER EVER been asked for one?   I am very interested in your thoughts and view on this subject.

[broncovet]

Great question!!!!

   Fill in the form, once each year, and send it in.  It even says in the instructions to fill it in or your benefits could be reduced.  

   You may not have to do this anymore after you are age 65, but someone on TDIU could chime in on that. 

   Frankly its a mistake the VA hasnot  caught it so far.  They are always doing "audits" to try to reduce Veterans, and your name can come up any time.  

   I have heard of a few Vets who got reduced because they did not send the form in.  They argued that VA did not send them the applicable form.  

   Dont do that.  Its your responisbility to send the completed form in..even if VA neglects to mail it.  You dont want to go down that road....trying to "prove" VA did NOT mail something.  How would you do that?  Is it possible you got the form, and it got thrown away with junk mail?  Yes.  Is it possible you moved and did not give VA your current address?  Sure.    

    Even if there is a regulation that somewhere says you dont have to send that form in if VA does not send it to you (I doubt it), do you really want to risk your benefits fighting VA?  Just send it in, every year, like your taxes.  

[Gastone]

Failure to file the 4140 is grounds, not a GUARANTEE, of a Rating Dept proposed Reduction of your IU, back to your actual SC Rating, in your case 80%.

The VA just started mailing them out again, about 2013, I think. I got mine, mid July of 15 from an IU Award 06/29/14. Most long time IU Vets here on Hadit claim they haven't filed a 4140 in years, some ever. VA quit mailing them out for about 6 yrs or so, but that did not eliminate the IU Vet's responsibility to file it, within 30 days of his IU anniversary date.

As long as you haven't had Reported Earned Income near or in excess of the SGI ($12,4K under 65, $11,4K over 65) you shouldn't have anything to fear. The 4140 takes only a few min to complete, if your worried, file them all. Once you hit 69, no more 4140 requirements.

Semper Fi

[Gastone]

Dot, a very interesting question. An SC held for 20yrs is a lock, IU really isn't an actual SC.

Per current VA regs or procedures, a Vet that is 55 will not be scheduled for a C-File "Diary Dated" Re-Exam C & P, unless a Secondary Issue is filed. So, whatever SC DX made a Vet, age 55+ IU Elegible, should not be reviewable, unless it is part of a Secondary claim.

VA Reg for the IU Anniversary date 4140 filing, mentions only the age of 69 being the cut off for filing requirements. I don't recall any discussion of the 20 SC Lock, or it's bearing on filing requirements.

Then comes the issue of the Vet's reported (4140, SS, IRS data or pissed off X whatever dropping the dime) SGI, $12,4K under 65 $11,4K over. That could even bite a 69+ Vet, that's no-longer required to file the 4140.

Semper Fi

[john999]

If a vet is rated as permanently and totally disabled for 20 years does that rating become untouchable at that point?   I send in my employment questionnaire twice a year and I am 66.  I trust the VA about as far as I can throw my VRO.   If you are totally disabled due to being unemployable what does that mean in terms of rating protection?   I fear that one day in the future some politician will say that those that were TDIU and are now 70 years old are unemployable due to their age and not solely their disability.  There are many in congress who want to renege on medicare and SSA and local, state and federal pensions.  I hear them raving about budgets while they vote tax cuts to billionaires.  The little guys and the needy are the first to get crushed when someone has to take one for the team.  My retirement plan for my wife and myself works as long as I am p&t.  If I were to get cut back to my actual 90% rating instead of TDIU then our plan begins to fall apart.

 

                     John

[GARYLINN]

47 minutes ago, john999 said:

If a vet is rated as permanently and totally disabled for 20 years does that rating become untouchable at that point?   I send in my employment questionnaire twice a year and I am 66.  I trust the VA about as far as I can throw my VRO.   If you are totally disabled due to being unemployable what does that mean in terms of rating protection?   I fear that one day in the future some politician will say that those that were TDIU and are now 70 years old are unemployable due to their age and not solely their disability.  There are many in congress who want to renege on medicare and SSA and local, state and federal pensions.  I hear them raving about budgets while they vote tax cuts to billionaires.  The little guys and the needy are the first to get crushed when someone has to take one for the team.  My retirement plan for my wife and myself works as long as I am p&t.  If I were to get cut back to my actual 90% rating instead of TDIU then our plan begins to fall apart.

 

                     John

I hear ya!  If my TDIU were to ever be cut, our plans for living and retirement would be in the toilet ... and I mean with poo poo

[Buck52]

I would send it in every year and make a copy &keep with the return receipt that they got it.

I was sent a letter from RO after I had TDIU P&T 10 years & no future exams scheduled. The letter stated there is no need to send in this form 21 4140 

So I stop sending it ....4 years went by with out sending one &I went to look for that letter and can't find the darn thing eh!

  I filed a claim for PTSD diagnosed by the VA last year via  MH and on Dr's recommendation that I should file a claim for it.

So I did , before I Filed a ITF Claim I sent in the 21-4140 Questioner/order all my records &c-file (still never got my c-file) but I'm glad I did now  because in my PTSD award letter from VA  ''What We Decided'   they used the 21-4140  as part of my evidence in my PTSD Claim.

They rated me at 70%PTSD and with my 100%  TDIU P&T Rating &  the 70% PTSD  Rating qualified me for SMC-S H.B.  

The rater did infer me to the statutory SMC.s  I am 170%  now but VA still has that little blue circle in  e benefits that says my rating is 100%

I never filed for the H.B.

 Anyway  I'm filing that 21-4140 from now on.

I am over 60 and have the IU P&T  Chronic is with  In nature/No Future Exams...but I really don't think that means much to the VA.

Just my opinion   I do think they leave us older vets alone. the young vets need to send it in every year for sure  but as Gastone mention were not safe until the 20 year rule or age 69.

Edited April 11, 2016 by Buck52