Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

My Former Employers Are Not Reachable

Rate this question


ferris7060

Question

I applied for TDIU in August. My DAV added a statement to my file that out of my last 3 employers, only one was available to speak with. I worked for 3 small businesses (last employment was 2007). Each only lasted at most 3 months. One was sold after my employment and the new owner would not even know who I am, another closed entirely, and the 3rd is able to fill out the forms although I was employed there in 2006 and owner admits to not keeping any formal record of my employment with him. He does not remember employment dates or exact wages. AFTER the VA got my statement I get a letter stating that they have sent a request for employment info. to all of these employers, but I should check up to make sure they fill these forms out. This isn't possible. What should I do? Is this going to hold everything up? What happens when only one employer responds? I do have an SSDI decision solely granted for SC disabilities and I have already seen a copy of my C & P exams done on Oct. 25th, which has the words, at least as likely as not for my DDD and says due to migrains caused by DDD I could not do any kind of work. Is this going to be a big problem?

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

3 answers to this question

Recommended Posts

  • HadIt.com Elder

Inform the VARO using the info you provided and request that they go ahead and rate your claim with the info that they already have.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

  • HadIt.com Elder

The fact that SSA made a determination of total disability due to "SC disabilities" is a major factor in your favor. I assume that you are/were paid SSDI benefits, at least until you reach full retirement age, when the SSDI payment changes to SSA retirement.

Your SSA records (Obtain a copy, if at all possible) should show what they had concerning employment. As should W-2 records, etc The VA and other bureaucratic entities have rules and procedures that do not automatically allow for real world conditions.

In your case, I'd suggest that you should write a reply stating in part that the SSA has the employment information that was available, and as a result you were awarded SSDI. (enclose copy of SSDI award, if possible.)

Remember that the VA often is looking for any information that would allow them to reduce or eliminate the award & compensation for a service connected/connectible disability.

Link to comment
Share on other sites

  • Lead Moderator

I went through the same thing, and yes, it will slow things down. (The VA uses every possible excuse to delay your claim, because it is money in their pocket)

That being said, the failure of a past employer to send in your paperwork should not be a deal breaker. What they did is put the "returned" letter in my file..it should not count against you in the end.

It is one of those things that the VA does which is unnecessary. The Social Security has records of the money you make and they can check with them to see if you are working.

It does lay a trap for Vets, because your old employer can sabatoge things for you. Its one more hurdle to get past.

You can try downloading the form, going to your old employer, getting them to sign it, make a copy, and then send it to the VA. That is "hand carry" your paperwork.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use