BVA–REDUCING TDIU NUMBERS VIA “FIELD INSPECTIONS”


Squidly spotted this over at Hadit.com but discovered it had been abbreviated somewhat. He therefore set out to find it in its original form.  And find it he did. I highlight these paragraphs for any who might wonder what that black SUV with government plates is doing up the street from your hacienda every day.

Another method of monitoring unemployability status among TDIU recipients is through the VA Fiduciary Activity. This service conducts field examinations when it has been notified that a TDIU recipient might be pursuing a substantially gainful occupation. If the field examiner finds evidence of employment or if the Veteran is unwilling to cooperate with the examiner, then the examiner will forward this information to the Rating Activity. A decision must then be made as to whether the TDIU evaluation will be discontinued. The regulatory requirements listed above will be applied to the determination.

As an exception to the aforementioned procedures; if the veteran has certified no employment status in a VA Form 21-4140 and VA obtains credible information indicating that the veteran has engaged in gainful employment, continued entitlement to TDIU benefits may be terminated on the basis of fraud. The due process provisions of § 3.105(e) must still be followed. However, if a finding of fraud is confirmed, the effective date of termination of TDIU benefits will be the day preceding the date that VA received the veteran’s VA Form 21-4140 that fraudulently certified continuation of no employment status. See 38 C.F.R. § 3.500(k)

I think we can reasonably assume that the vA “Field Examiner” is going to recommend putting uncooperative Vets on double-secret restriction and take away that TDIU if at all possible. And you thought vA didn’t have a Gestapo?

vA Field Examiner’s Office

or…

vA Field Examiner’s Office

Frighteningly similar or just a coincidence?

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4 Responses to BVA–REDUCING TDIU NUMBERS VIA “FIELD INSPECTIONS”

  1. SquidlyOne's avatar SquidlyOne says:

    What is frightening is that a covert Federal Agency aka “The Fiduciary Activity” has been given “carte blanche” authority (power) to conduct field investigations for any VA issue without probable cause. In other words, they can haul you away for fraud or giving false information to a Federal Investigator (5 years prison time) for any reason and try to prove it later:

    § 13.2 Field examinations.
    (a) Authority to conduct; generally. Field personnel in the Veterans Service Center and other employees who are qualified and designated by the field facility Director are authorized, when assigned, to conduct investigations (field examinations) and examine witnesses upon any matter within the jurisdiction of the Department of Veterans Affairs, to take affidavits, to administer oaths and affirmations, to certify copies of public or private documents and to aid claimants in the preparation of claims.

    (b) Scope of field examinations; fiduciary activities. Field examinations include but are not limited to the following:
    (1) Matters involving the administration of estates and the welfare of beneficiaries of the Department of Veterans Affairs who are under legal disability or in need of supervision by the Veterans Service Center Manager.
    (2) Matters involving the welfare and needs of dependents of incompetent beneficiaries.
    (3) Recovery of amounts due the Government or General Post Fund under laws administered by the Department of Veterans Affairs.
    [40 FR 54247, Nov. 21, 1975, as amended at 67 FR 46869, July 17, 2002]

  2. Robert G's avatar Robert G says:

    You mean double secret probation? Or going through life life fat, drunk, and stupid and expecting the VA to give you a fair shake? One of my favorite cult classics….

    • asknod's avatar asknod says:

      I apologize. Double-secret probation was what I was reaching for. My addled brain slipped a notch, Robert. Thank you for the correction. And yes, a cult classic right up there with the likes of Blazing Saddles and Caddy Shack.

      • Robert G's avatar Robert G says:

        It’s understood bro… Hey this is all man cave fodder. The women will never understand why we love this stuff. You left out bachelor party…. “gentlemen start your boners”…. This is what the VA lawyers do when they deny our claims in the “back” room. My copy of blazing saddles was destroyed because of political correctness and bigoted language. it’s still funny and it’s hard for me chuckle while waiting for my decision from DC. Are we all sick and perverted as the women suggest?

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