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hadit.com Veterans Forum > Specialized Claims > TDIU Unemployability Claims
mako25
I was granted tdiu by bva on june 2nd 09...I am waiting for my retro money and awards letter I figured soon..Well I get a 21-8940 form today in the mail>>.This form requests work history, doctors names ........What is going on ? Is this going to start my claim all over again..I dont know what to do I have no money left and can not wait another 4mo..Help please..
Berta
Huh?

This sounds ridiculous-what VARO is this and I might have some internal phone numbers.

I assume you already filled out the TDIU form-
and the VA already has it.
mako25
QUOTE (Berta @ Aug 17 2009, 03:38 PM) *
Huh?

This sounds ridiculous-what VARO is this and I might have some internal phone numbers.

I assume you already filled out the TDIU form-
and the VA already has it.


They have all the info already letters from employers, doctors...Its coming from Philadelphia,pa
carlie
QUOTE (mako25 @ Aug 17 2009, 03:42 PM) *
They have all the info already letters from employers, doctors...Its coming from Philadelphia,pa


mako,
Have you already submitted a 21-8940 or did the bva infer and grant IU
without a 21-8940 form ?
carlie
mako25
QUOTE (carlie @ Aug 17 2009, 04:16 PM) *
mako,
Have you already submitted a 21-8940 or did the bva infer and grant IU
without a 21-8940 form ?
carlie



I don't remember filling out this form before..
purple
How did you hear that you had IU? By letter or phone call? (please let it be a letter...)
mako25
QUOTE (purple @ Aug 17 2009, 04:43 PM) *
How did you hear that you had IU? By letter or phone call? (please let it be a letter...)



Yes..I got my results from my bva hearing in DC..
purple
So you actually have something in writing then from the BVA that says you are awarded 100% due to IU. (or something like that).
Did they send it directly to you? Maybe they skipped your VARO and your VARO needs to see a copy of that letter. The VA isn't known for their stellar communication skills.
Did you get P&T also? It would say in the letter.
mako25
QUOTE (purple @ Aug 17 2009, 04:50 PM) *
So you actually have something in writing then from the BVA that says you are awarded 100% due to IU. (or something like that).
Did they send it directly to you? Maybe they skipped your VARO and your VARO needs to see a copy of that letter. The VA isn't known for their stellar communication skills.
Did you get P&T also? It would say in the letter.


The results from the board have me awarded TDIU..My attorney told me they are trying to figure my retro??
purple
Someone who knows how the BVA works is going to have to chime in. Figuring your retro pay is good...I hope they do it quickly for you; not sure why they would need that same paperwork again though....I'm sure your atty has a copy if you already sent it in once, maybe they just need a date. But I'm really, really guessing here....
carlie
QUOTE (mako25 @ Aug 17 2009, 04:53 PM) *
The results from the board have me awarded TDIU..My attorney told me they are trying to figure my retro??


If that's what your attorney says then just sit back a bit more
and hopefully you will have money fairly soon.
It's probably getting some signature on it.
carlie
mako25
QUOTE (carlie @ Aug 17 2009, 04:16 PM) *
mako,
Have you already submitted a 21-8940 or did the bva infer and grant IU
without a 21-8940 form ?
carlie



I hate to sound stupid but what do you mean by infer and grant..
navydoc2
Based on the information you gave the VA it appears that you qualify for TDIU (infer part), grant is the awarding of the IU if that makes sense.
mako25
QUOTE (navydoc2 @ Aug 17 2009, 07:24 PM) *
Based on the information you gave the VA it appears that you qualify for TDIU (infer part), grant is the awarding of the IU if that makes sense.



I dont understand this whole thing..I thought when the bva granted me TDIU it was a done deal..
john999
Mako

The VA has to figure your retro. Did you give them a document that shows the date you stopped working? I got SSD before I got IU. That made it pretty easy for the VA to know the date of my IU. I think you are ok. Just wait while the VA works out these details and if you get worried ask your lawyer what is happening. He is anxious to get his fee so he has an interest in you getting your retro. The good part is that the more retro you get the more he gets so you have an advocate to get as much as possible. What prompted you to get a lawyer for this? I think it was probably a good idea. The VA infers (should) IU when they have evidence you can't work due to a SC condition. When you get the letter of IU that is a grant. They tell you that you are getting IU and what the amount is and when it started.
mako25
QUOTE (john999 @ Aug 17 2009, 07:42 PM) *
Mako

The VA has to figure your retro. Did you give them a document that shows the date you stopped working? I got SSD before I got IU. That made it pretty easy for the VA to know the date of my IU. I think you are ok. Just wait while the VA works out these details and if you get worried ask your lawyer what is happening. He is anxious to get his fee so he has an interest in you getting your retro. The good part is that the more retro you get the more he gets so you have an advocate to get as much as possible. What prompted you to get a lawyer for this? I think it was probably a good idea. The VA infers (should) IU when they have evidence you can't work due to a SC condition. When you get the letter of IU that is a grant. They tell you that you are getting IU and what the amount is and when it started.


Do you mean the letter I got from my hearing (bva)? I am sorry, I am very confused and desperate.
LarryJ
HOLD IT!

TIME OUT!

Well, folks, the referee has called to the sidelines and they are bringing the chain out to measure it......it looks good....but we'll have to get the Official's Word.





What I'm getting at is this:
WE (meaning us folks here on the hadit board) do not know if you have a 1st and 10 or not.
So, instead of dragging the chains out......how about you just tell us, instead, what you have and have not received from the VA?
What have you received from the VA..........not what your lawyer is telling you....but what you have actually received, in the mail, from the VA.
Do you have an "award" letter (it'll say, like, "Department of Veterans Affairs" and then the Regional Office and the regional office's address.
Then it'll have your name and your VA file (claim) number and who is representing you (your lawyer's name), then it'll say "Introduction" (tells about your service and dates and what you have as far as a claim is concerned (veteran has filed a claim for such and such)...
THEN IT WILL HAVE THE DECISION.
And, if you have such a letter, WHAT does the "DECISION" say?

Then, when we know what the decision IS, then we can help you better understand what is going on with your claim.
Pete53
When the BVA, CVA or AMC rule they often send it back to the VARO to finish up. Why not just call or send IRIS to clear it up.
mako25
QUOTE (LarryJ @ Aug 17 2009, 09:21 PM) *
HOLD IT!

TIME OUT!

Well, folks, the referee has called to the sidelines and they are bringing the chain out to measure it......it looks good....but we'll have to get the Official's Word.





What I'm getting at is this:
WE (meaning us folks here on the hadit board) do not know if you have a 1st and 10 or not.
So, instead of dragging the chains out......how about you just tell us, instead, what you have and have not received from the VA?
What have you received from the VA..........not what your lawyer is telling you....but what you have actually received, in the mail, from the VA.
Do you have an "award" letter (it'll say, like, "Department of Veterans Affairs" and then the Regional Office and the regional office's address.
Then it'll have your name and your VA file (claim) number and who is representing you (your lawyer's name), then it'll say "Introduction" (tells about your service and dates and what you have as far as a claim is concerned (veteran has filed a claim for such and such)...
THEN IT WILL HAVE THE DECISION.
And, if you have such a letter, WHAT does the "DECISION" say?

Then, when we know what the decision IS, then we can help you better understand what is going on with your claim.


What I got was my decision from the bva it granted me tdiu the award was dated 02JUNE09. Today I received a letter from the RO it said in reguardsto your appeals decision wich granted entitlements to individual unemployability benefits..Prior to processing your entitlements to individual unemployability, however we need to complete VA form 21-8940, Veterans application for increased compensation based on unemployability and return it..Thats it...
mako25
QUOTE (Pete53 @ Aug 17 2009, 09:28 PM) *
When the BVA, CVA or AMC rule they often send it back to the VARO to finish up. Why not just call or send IRIS to clear it up.



IRIS ?? I hopr that isnt the 800# I called twice today and they knew nothing about it..They said just fill it out and return it.
LarryJ
I PM'd you, but, in case you didn't see it in your e-mail in-box.......they have made the TDIU determination....and you've "won"...but, the money's not coming until the form is filled out and in their hands. They have this so-called "rule" that they MUST have this form filled out BEFORE you can get TDIU, so, even though you have been awarded/granted TDIU, you still gotta get the form filled out and in their hot little hands.

Remember: The Job's Not Finished Until The Paperwork Is Done.
Pete53
Fill out the form nothing will happen till they get it
mako25
I going to hand deliver the paper work today..
Berta
I am glad all of you chipped in here-you are all correct-

the 21- 8940 form must be filed before they will make the formal RO award and then pay the retro-

I started thinking maybe the BVA had just granted the TDIU appeal---

this is much better- they granted TDIU!

I had a miserable claim off the board where the BVA had granted the appeal to go forward-
and that was stated as the extent of their decision and the claim was remanded.

The RO had questioned her appellate rights -maybe the date of the NOD-and denied the claim.The BVA granted only the right to continue the appeal.

The widow insisted this was an award of DIC.

and even threatened the director of the RO.

This is good news Mako and a good reason why we need to get the TDIU form in ASAP and not even wait for them to send it. It is at the VA web site under Forms.
I know even vet reps will not bring up TDIU when they should-and they probably dont like to give out the TDIU forms themselves.
john999
Mako

When you hand in the TDIU form get a date stamped copy from the VARO! You don't want the morons losing it and saying they never got it. This way you have proof.
mako25
QUOTE (john999 @ Aug 18 2009, 12:49 PM) *
Mako

When you hand in the TDIU form get a date stamped copy from the VARO! You don't want the morons losing it and saying they never got it. This way you have proof.



I just got back from the regional office and handed in the form, they stamped it and said it will go to the proper department today.I cant tell you guys and gals how much it means to me to be able to come on here and ask questions..
I would just like to say Thank you x 1000...Bob
carlie
QUOTE (mako25 @ Aug 18 2009, 01:00 PM) *
I just got back from the regional office and handed in the form, they stamped it and said it will go to the proper department today.I cant tell you guys and gals how much it means to me to be able to come on here and ask questions..
I would just like to say Thank you x 1000...Bob


mako,
Did they give you a date stamped copy ?
If yes - put it in your VA files you have started.
carlie
mako25
QUOTE (carlie @ Aug 18 2009, 03:14 PM) *
mako,
Did they give you a date stamped copy ?
If yes - put it in your VA files you have started.
carlie



Yes I have my copy in my own file at home..I sure hope this helps with delay time vrs mailing it..
mako25
Well in in my fourth month of waiting for my awards letter from RO...This is truly unbelievable.
carlie
Standard Operating Procedure.

I told you on Aug 17th that form had to be submitted.
It has to be processed and if your getting a good size retro
it will have to have a couple of certain people's signatures on it.

Hang in there.
Spend wisely when it comes because even though it may seem like quite a bit
after being broke -- it goes real fast.
carlie
LarryJ
QUOTE (mako25 @ Aug 18 2009, 02:18 PM) *
Yes I have my copy in my own file at home..I sure hope this helps with delay time vrs mailing it..



Okay, so you've got a copy at your house. That's good. Now, do you have a date-stamped copy, I mean, like, did they take the copy that you gave them, date stamp it, and run THAT copy through the copy machine and hand it to you, with the date stamp showing?

otherwise, you're STILL futzed!
mako25
QUOTE (LarryJ @ Sep 3 2009, 02:56 PM) *
Okay, so you've got a copy at your house. That's good. Now, do you have a date-stamped copy, I mean, like, did they take the copy that you gave them, date stamp it, and run THAT copy through the copy machine and hand it to you, with the date stamp showing?

otherwise, you're STILL futzed!



Yep..Date stamped and received..
mako25
QUOTE (carlie @ Sep 3 2009, 02:37 PM) *
Standard Operating Procedure.

I told you on Aug 17th that form had to be submitted.
It has to be processed and if your getting a good size retro
it will have to have a couple of certain people's signatures on it.

Hang in there.
Spend wisely when it comes because even though it may seem like quite a bit
after being broke -- it goes real fast.
carlie



Advise taken Thanks..It just boggles my mind how the Federal Gov. can get billions if not trillions of dollars to bail out millionaires faster than it is to pay a Vet for a disability..
LarryJ
QUOTE (mako25 @ Sep 3 2009, 02:34 PM) *
Advise taken Thanks..It just boggles my mind how the Federal Gov. can get billions if not trillions of dollars to bail out millionaires faster than it is to pay a Vet for a disability..



Well, see, it's kinda like this:
The millionaires, well, see, they got money for to donate...........you know "donate" (they "done ate" and had money left over for the politicians), whereas, we can't even get NEAR the trough!

And, NO, this ain't no "political" posting. It's about the VA and vets and the truth!
Pete53
Larry rolleyes.gif
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