tdiu Need Guidance For Correct Action

[tanker31]

In the month of October 06 I received a letter from the VA stating that I was NOW 100%P&T ( Unemployability ), I had been and continue to be paid ( as of Dec.,06 ) at the 100% level due to IU ( had not been awarded P&T status until the above OCT date ). In the month of Nov. 06 I received form VAF 21-4140 EMPLOYMENT QUESTIONNAIRE. I was expecting it, as I had seen mention of it here on HADIT. I also knew it was inportant and needed to be responded to. I completed it and sent it back to them certified-return reciept. ( They got it on the 28th of Nov. ). As a back up, I went to my DAV service officer, asked him to put copy of completed form in my file ( same day that I mailed ). He agreed to do so, but felt like it was a good ide to send another completed form ( 21-4140 ) to the VA through their office. I felt like it can't hurt to have back-up, so agreed with him and he sent them a completed copy also. On Dec. 5th, 06, I received a letter from my service office showing that they had sent form as agreed. Here is what I'am so FREAKED out over. In thie letter to the VA in which they forwarded the duplicate completed form they added the following in the body of the cover letter to VA " Please take action to consider the following: Entitlement to increased rating based on Individual unemployability. It is requested that all appropriate development, to include conducting any necessaryVA examination(s), be completed as soon as posible ". I'am already 100%P&T for IU--I do not want to open up the case again. I went to my DAV S.O. the day I got it ( Dec. 15, 06 ). He said not to worry, that the VA would see it was ment to provide the completed questionnaire. OK--I left but did not feel right ( SO has been very good up to this point ). TODAY ( DEC. 18, 06 ), I receive a form letter from the VA ( we all know this one ) " We have received your application for benefits. It is our sincere desire to decide your case promptly ....yady, yada, yada ". It now appears that what I thought would happen, has---VA thinks I'am applying for some ( or more disability ), and that I'am willing to go through the process again. I don't want to go through the process again-- Going nuts thinking about how this might impact my award--Am I being to paranoid, or what action should I take.

Thanks to all

TANKER31

[john999]

Tanker

I would write the VA using the Statement in Support of Claim and just tell them you are not seeking to reopen your claim or to claim an increase in benefits. I think I would stay away from the DAV from now on unless you have another claim. I don't think you have anything to worry about. This shows you the cookie cutter approach the DAV has to all vets.

[marinejay]

Welcome to the company Tanker31

I would do what john999 said, and take it as a lesson. If something don't feel right then it is. I really hope you get this straighten out. Then again you may be surprised and get 100% p&t.

marinejay

[Ricky]

Yes a statement of the case telling them that an administrative error had be conducted by the DAV in requesting any new claim or increase for benefits at this time and any such request is being withdrawan immediately as you are already 100 percent IU/PT. I would send this in my self and take a copy to the idiot at DAV. Your request to withdraw the action started by the DAV should, let me re-state that should stop any further action by the VA.

[john999]

Tanker

You might end up with 100% schedular and then you can apply for housebound like Pete53. I think that can work, by the way. My pain meds are making me somewhat depressed. Maybe I can get 100% schedular if I complain enough. If I were to get 100% I would certainly file for HB. Get it while you can because the VA will only get cheaper as time goes by.

[betrayed]

Yes a statement of the case telling them that an administrative error had be conducted by the DAV in requesting any new claim or increase for benefits at this time and any such request is being withdrawan immediately as you are already 100 percent IU/PT. I would send this in my self and take a copy to the idiot at DAV. Your request to withdraw the action started by the DAV should, let me re-state that should stop any further action by the VA.

wITHDRAW YOUR poa FROM THE daV AND LET THE va KNOW

[jbasser]

First of all do not rush into dumping the Rep, He probally thought he was doing you a good thing and does not understand. Call him up and ask him to withdraw the Claim today and ask him to explain it in writing and get a confirmation signature from the VARO service Center Manager that the claim has been withdrawn.

ALso explainto the DAV Rep that if you lose any benefits resulting from their error that you are prepared

to persue legal action against them to recoup any benefits lost. ( That can be done) You may want to hold that card until he shows his hand. He may realize his error and fix it pronto. If he does not, Lay it on him.

After you get your satisfaction, Then proceed to drop the DAV. I have always stated here on hadit to only use VSO as secretarys and file everything direct yourself. Only the Vet can be sasured he is correct and Never trust anyone with subjects that affect a persons livelyhood and well being.

Take no prisoners for VSO's are not part of the Geneva Convention.