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Proposal To Discontinue Iu-Have Not Received Va Form: 21-4140


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#1 RAFA

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Posted 22 April 2012 - 04:19 PM

I just received a proposal to discontinue entitlement to Individual Unemployability because I failed to return VA Form 21-4140.
Also, proposal to discontinue chapter 35 for the same reason.

The VARO decision was made March 16, 2012 and received on April 20, 2012.

I was given 100% with IU P&T effective date: 01/14/2010

I appealed for effective date of claim and a favorable decision on (08/19/2011) of 30% back to 12/01/1997 prior to 01/14/2010.

1). They never sent me the 21-4140 form to be fill out.

2). They just made a decision and sent it out, problably because I am purchasing a home with a VA guaranteed loan and while handling my folder they saw the "Employment questionaire" missing.

What I have done:
1). Since I am given 60 days to submit VA Form 21-4140-1, I sent form via Postal Service returned receipt on 04/21/2012 (yesterday).

2). I also E-mailed and Faxed a copy to my VFW representative, will talk to him tomorrow.....I will send one every year from now on regardless.

Why does the VA make a decision without first sending out the form?
What will happen now?

Edited by RAFA, 22 April 2012 - 04:22 PM.


#2 broncovet

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Posted 22 April 2012 - 04:25 PM

If you are getting IU, it is your responsibility to send in the form yearly..you can get these online. However, if you are not working, and send in the form, then you should be ok.

Do respond to the proposol to reduce, however, or they will reduce you.

Edited by broncovet, 22 April 2012 - 04:26 PM.


#3 Teac

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Posted 22 April 2012 - 09:44 PM

Actually, this is no big deal... if your not working a letter to that effect is all that is necessary or you can send the form either way... a proposal to discontinue ... is just that.. it is automatically triggered when the va doesn't receive the form......once you respond the problem goes away...

#4 Philip Rogers

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Posted 23 April 2012 - 05:49 AM

You need to request a hearing today or your reduction could take place. Having a hearing could delay that reduction until they can process your form. jmo

pr

#5 Berta

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Posted 23 April 2012 - 08:24 AM

Every here gave good advise.

"Why does the VA make a decision without first sending out the form?"

They are hoping you don't return the form or appeal the decision.

About 5-6 years ago there was quite a big hoopla in the electronic vets communities because VA was proposing to reduce countless vets ,nationwide, who were never sent the employment form.

I think it was John 999 here, who advised all vets with TDIU or 100% SC to print off a bunch of these forms and mark their calendars to when the VA usually would do their annual check on these benefits and then send it to VA themselves with proof of mailing and a copy to their VSO too.

I think it was a VA BS tactic years ago to hopefully reduce some comp payments (in my opinion) because it was not a coincidence that so many TDIU/100% vets never got these forms in the mail that year and luckily were quite vocal on the internet about it and I think it was questioned at a H VAC hearing.

#6 RAFA

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Posted 23 April 2012 - 09:00 AM

I just came back from the local VA Contact office and the front desk clerk helped me.

He gave me a date stamped copy of the 21-4140 for my records and noted it in the system, that they have received it and that I haven't worked for the last 12 months.

He said he will send it to the corresponding station address (PR) via UPS and that I should be o.k., no need to request a hearing.

He also said the VA in PR mailed the form in January, I moved on Nov. 27 2011 from PR to Orlando, Fl. made change of address at the VA health system on Dec. 2011 and VA contact office on March 5, 2012.

During this move the letter did not reach me, this are the consequences of not changing addresses right away at the Hospital and Regional level.

Personally, I don't think they mailed it because my sister would have let me know about it.

Thanks, to everybody for the help,

Edited by RAFA, 23 April 2012 - 09:04 AM.


#7 Philip Rogers

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Posted 24 April 2012 - 08:45 AM

I, personally, sense that you could face a reduction, for a short time but certainly hope I'm wrong. A hearing request could have stopped that. jmo Remember, VA employees cannot be held responsible for anything they "say." Let us know how it works out. Thanks!

pr

#8 RAFA

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Posted 24 April 2012 - 09:51 AM

O.K. PR, I will send in the request for a hearing today. I don't want any unnecessary reduction.

Thanks

#9 Philip Rogers

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Posted 24 April 2012 - 12:12 PM

RAFA - you may be too late already but I'd request one anyway. They allow 30 days from the date of their notice, plus a couple of days for postal haldling, and it looks as tho you didn't receive it until April 20, 2012. You can always cancel the hearing if you receive a written notice that your reduction order is rescinded. jmo

pr

#10 JT24usn

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Posted 24 April 2012 - 03:44 PM

For due process on proposal to sever/reduce I believe it is 60 says from notification. Jmho

#11 Philip Rogers

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Posted 24 April 2012 - 06:51 PM

T8r - you are correct about the 60 days but that's on the actual reduction. A claimant only has 30 days to request the hearing, which is the only way to delay or stall the actual reduction, from happening at the time stated. Thanks for pointing out the 60 day thing, for clarification.

pr



For due process on proposal to sever/reduce I believe it is 60 says from notification. Jmho



#12 JT24usn

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Posted 24 April 2012 - 07:22 PM

Thanks pr. It was a shot. I'll leave it to the pros. Good news is I learned something. Gotta love this site

#13 RAFA

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Posted 25 April 2012 - 01:31 PM

PR, I just came back from the Post Office and I mailed the request for a hearing via certify mail---there is one thing left for me to do, is get in contact with my VFW rep in PR, he is good and I have a good rap with him.

Right now, according to his recorded message he is out of town attending a seminar in Wash. D.C. , he'll be back on 04/30/2012 (monday).

I have Faxed him copies of everything he will go straight up to adjudication and take care of it. I have done everything I could do, now I have to let the system work out. nevertheless I am not sleeping.

Thanks, thanks

#14 RAFA

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Posted 07 May 2012 - 04:59 PM

PR and to those who were kind to give me some insight into my problem, today (05/07/2012) I received decision that VA has reconsidered their decision of proposed action based on VA Form 21-4140-1 "Employment Questionaire" received on 04/25/2012.

The propposed change will not be implemented. And my monthly rate will continue the same.This took less than 16 days to resolve since the day I was notified of the proposed decision.

1) I quickly responded with 21-4140-1
2) I requested a hearing within 30 days, just in case 21-4140-1 did not reach my C-file in time.
3) I contacted my VSO and sent him copy of the proposed decision to reduce and signed submitted 21-4140-1 and asked him to look into this.

What happened here was that I moved from PR to Orlando Florida, I quickly made a change of address with VA benefits office at the hospital, but somebody along the way entered the wrong address.

The VA sent the 21-4140 to " 5952 Bent Pine Dr. #606" It should have been "5225 Bent Pine Dr. #606" it was sent to the wrong address. The mail problably was returned, so the VA made an honest attempt and mailed it to my last (previous) address in PR; I called my sister and she said she forgot about it, since I no longer live there.

Once I received the letters from her I confirmed the error, this was additional proof that the VA made an address error, nevertheless everything is o.k. now.

Thanks.

#15 john999

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Posted 08 May 2012 - 11:07 AM

I don't wait to get the form 21-4140 from the VA. I get it off the web and send it certified mail to the VARO. The VA once got my address mixed up with another vet with my first and last name. My pills and everything else started going to some place in Maine. The VA swore I put in a change of address. They will lie and do anything to cover their miserable asses.

John

#16 jasonvalmartin

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Posted 05 February 2013 - 05:31 PM

I've been 100% IU since MAY 2012. May 2013 I will have to submitt a 21-4140 income verification form.  When I initally was awarded IU my DAV Rep. told me that stock investments, rental income, and accounts recievables (from past work performed) wouldnt count as "gainful employment"....Since then I've far exceeded the threshold was $11,484. Today I got a call from a different DAV Rep. as they constantly change. She tells me that ANY income reported to the IRS HAS TO BE DECLARED on the 21-4140; regardless of how that income came about. She also told me that if that income exeeds the threshold was $11,484; then I WILL lose my TDIU benefits. I've spend 3 days taking to tax attorneys, VA disability attoorneys, and accountants....NOBODY HAS A CLUE WHAT TO DO OR HOW TO ADVISE ME. The best advice I got was do what you want and keep your fingers crossed!!? Please help; any advice?



#17 carlie

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Posted 05 February 2013 - 06:15 PM

I've been 100% IU since MAY 2012. May 2013 I will have to submitt a 21-4140 income verification form.  When I initally was awarded IU my DAV Rep. told me that stock investments, rental income, and accounts recievables (from past work performed) wouldnt count as "gainful employment"....Since then I've far exceeded the threshold was $11,484. Today I got a call from a different DAV Rep. as they constantly change. She tells me that ANY income reported to the IRS HAS TO BE DECLARED on the 21-4140; regardless of how that income came about. She also told me that if that income exeeds the threshold was $11,484; then I WILL lose my TDIU benefits. I've spend 3 days taking to tax attorneys, VA disability attoorneys, and accountants....NOBODY HAS A CLUE WHAT TO DO OR HOW TO ADVISE ME. The best advice I got was do what you want and keep your fingers crossed!!? Please help; any advice?

 

Please repost your info as a new topic.

This is an old topic thread.

Thanks






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