Question:

Hi Jim, I'm 71 years of age and I have been rated TDIU since 2002. I recently received a letter from the VA that I will no longer be required to file the VA 21-4140 form. The letter states that the VA will now use a "data wage match with the SSA" to identify Veterans in receipt of IU who have earned wages above the poverty threshold. The VA will now only send a VA form 21-4140 and due process letter, to those veterans identified in a wage match. Are you aware of this new policy?

Jim's Reply:

Yes, The letter is legit if hard to follow. VA enjoys obfuscation and over time has become quite good at taking a simple message and turning it into incomprehensible gibberish. The 4140 form was required for TDIU veterans to attest that they hadn't held gainful employment during the previous year. VBA was to send it out to each eligible veteran once a year but often missed some vets for years but then tried to reduce ratings for not returning forms they never received. In any case VBA will now just look at your income tax return and if you don't have taxable income from gainful employment, that's it...you won't hear anything from VA. If you have held gainful employment and paid your taxes, VA will be in touch and ask you to complete the 4140 to ensure continuing eligibility to the TDIU benefit.