VA Form 21-8940

No, your failure to submit VA Form 21-8940 will not stop your standard claims for an increase from being adjudicated; the VA will process your request for a higher evaluation based on the medical evidence of record under 38 CFR 3.105(a) and the relevant diagnostic codes (e.g., under 38 CFR 4.130 for mental health). However, by describing work impacts, you may have triggered a "inferred claim" for Total Disability based on Individual Unemployability (TDIU) under 38 CFR 3.155(a) and the holding in *Roberson v. Principi*, which requires the VA to consider entitlement to TDIU whenever a veteran’s evidence of record shows possible unemployability, even if not formally claimed. Your statement that you do not want TDIU is crucial. Your actionable next step is to proactively submit a written statement (VA Form 21-4138) explicitly withdrawing the inferred TDIU claim, clarifying that you are pursuing only a higher scheduler rating and wish to remain employed. This will prevent the VA from delaying your increase claims to develop and decide a TDIU claim you do not want, while ensuring your intent is clear in the file. Continue to submit any relevant medical and lay evidence supporting the increased severity of your conditions for the scheduler increase.

*Disclaimer: This information is for educational purposes based on general VA procedures and is not legal, medical, or official claims advice. For guidance specific to your claim, consult an accredited VA attorney or claims agent.*