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

[tanker31]

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.

Thanks all for your input so far. I must admit that it was driving me nuts, so I went to the see my SO at the DAV bright and early this morning. SO was out--saw his supervisor--sxplained my thoughts and asked him to WITHDRAW the claiim. He saw the problem,and composed a "withdraw lettter" on the spot for my signature. Signed same and left in his possession to foward to VA ( said he would handle ). I also sent a copy with my signature registered return receipt via US mail. Have not yet pulled my POA, nor have I advised them that I would seek $$$$ damages if I lose any benefits. Supervisor advises he will contact me in a few days to verify VA's response. I will give him a few days, then I will be right back down there sitting in his office taking action if I'am not satisified with his response/explaination.

My question now is: Should/will the VA respond to the "WITHDRAW LETTER"-ie.. will I receive a letter or form acknoledging my request?

Thanks Tanker31