ptsd Former Employer Finally Submits Va Form 21-4192

[Loose Cannon]

The VA has been asking for my former employer to fill out & send in VA Form 21-4192 (Request for employment information in connection with claim for disability benefits). Despite my several requests, I had heard NOTHING from them so I decided they were not willing to do this. I was fired back in February from this employer and left on bad terms. They never specifically stated a reason for my firing other than giving me a bunch of "attitude related nonsense". Honestly, I believe I was fired because of my severe PTSD. On the day I was fired, I sat down with the "big man" in charge of everything at this company and told him I was suffering from PTSD and that I was actively going through counseling/treatment. His response: "We all have our own problems- I have a teenage son that does things that keep me on my toes when he gets in trouble at school. If you would have said something about the PTSD earlier, we might have been able to do something. It's too late in the game"

Bottom line...I was fired. I asked that he write a letter for me to submit to the VA for my PTSD increased rating and not to sugar coat anything. Asked him to write about my behavior that ultimately and in his opinion led to my termination. He did so as did my immediate supervisor. THESE WERE GOOD LETTERS that I felt would help substantiate my claim so I sent them to the VA.

Here's the problem: I think they are afraid I might file a lawsuit for wrongful termination or discrimination because of my PTSD. So after not getting the requested form 21-4192 from them, I wrote a brief statement to the VA outlining my attempts at getting them to comply. I stated that I was fired on bad terms and that I believed this form was unobtainable from this employer and asked that they go ahead and review my claim WITHOUT this form.

Low and behold...The day after mailing out my statement the completed form (copy) shows up in my mailbox with a note that they mailed it to the VA. Problem is that they stated I was fired for "Job abandonment- left job without permission. THIS IS TOTAL BS and directly contradicts the 2 letters they wrote regarding my "behavioral issues" - Not once in those letters did they ever mention ANYTHING about job abandonment...I believe they are just covering their own butts, again fearful of a lawsuit.

What should I do if anything to let the VA know this is not true?? Should I just ignore this?? Will this have a negative impact on my case for TDIU and an increased PTSD rating??Does anyone have any advice??

Thanks,

LC

[Berta]

"Here's the problem: I think they are afraid I might file a lawsuit for wrongful termination or discrimination because of my PTSD."

Many employers, if they fall under the ADA guidelines (Americans with Disabilities Act), certainly would have this on their mind when getting this type of request from the VA.

But it looks to me-based on what you posted here that they were unaware of your PTSD until you talked to the "big man."

I wouldn't worry about this employer having any thoughts of potential charges of discrimination because, the employer must be aware of the disability before they can discriminate against someone with a disability.

My husband had the first ADA case here in NY and he won it.

The employer was fully aware of his PTSD and gave him good performance appraisals but on a re hire of a lay off, they recalled a non disabled vet instead of him and he was next in line for recall.He had more time in with the company and , because I did the ADA case for him, I knew the laws in and out and the company had discriminated.

There was more to this case -by far-then I could ever post here.

A similiar event happened to a disabled vet friend of mine (with the same company)and he started to pursue the ADA case but then he dropped it.

I felt he had an excellent case.Particularly since he had my permission to use my husband's case (my husband was dead by then)

But I see nothing here -even if this employer comes under ADA, for them to worry about any lawsuit over discrimination.

Something the employer said about my husband (after he filed suit) was awful in spite of the good performance appraisals.

I used this statement to help him get SSA for PTSD.

[sharon]

While it seems bad, it indeed can be good. Get your paperwork together in the event you have to appeal the decision. It is not good to show your hand ahead of time. PTSD would cause one to abandon a job so that is not such a negative. You must first see how they digest the information before you dispute it. You have a heads up so you can prepare in advance. They don't like it when they preceive that you are rating your own claim. The best defense is a good offense!

[Loose Cannon]

While it seems bad, it indeed can be good. Get your paperwork together in the event you have to appeal the decision. It is not good to show your hand ahead of time. PTSD would cause one to abandon a job so that is not such a negative. You must first see how they digest the information before you dispute it. You have a heads up so you can prepare in advance. They don't like it when they preceive that you are rating your own claim. The best defense is a good offense!

Very good advice. I never thought of it that way...Thank you!

LC

[Loose Cannon]

Berta,

Thanks for your reply. Yes, this employer is big enough to fall under the ADA guidelines. Although the "big man" may not have known of my PTSD condition my immediate supervisor most certainly did. He even made ignorent coments at times saying, "there's nothing wrong with you" and making sarcastic remarks about me getting retirement after a 20-year career without having to wait until I'm 65 or something. Other comments were often made by various management where I felt they had a genuine dislike for anyone military...made for a very hostile environment and kept me on guard most of the time. But that's water under the bridge as far as I'm concerned. I have enough on my plate right now getting my "ducks in line" for my VA case and the SSDI appeal. As much as I'd love to get an attorney and sue them or discrimination or wrongful termination, I've got to somehow let it go and choose my battles wisely at this point in my life.

Take care and thanks again for taking the time to read my posts.

LC

[carlie]

I asked that he write a letter for me to submit to the VA for my PTSD increased rating and not to sugar coat anything. Asked him to write about my behavior that ultimately and in his opinion led to my termination. He did so as did my immediate supervisor. THESE WERE GOOD LETTERS that I felt would help substantiate my claim so I sent them to the VA.

LC

Can you post exactly what is stated in these 2 letters, without personal info

such as name, address, etc..

Some specific lay evidence is to be afforded some weight for consideration

and some is not. These letters might be but we would need to read what they

contain to know if they might be helpful or not.

I agree that employers don't want to put in writing - things that may present problems

for them.

[Loose Cannon]

Can you post exactly what is stated in these 2 letters, without personal info

such as name, address, etc..

Some specific lay evidence is to be afforded some weight for consideration

and some is not. These letters might be but we would need to read what they

contain to know if they might be helpful or not.

I agree that employers don't want to put in writing - things that may present problems

for them.

I'd rather not post these letters for personal reasons (hope you understand). I sent copies to my DAV rep and he thought they were good so he gave them to the VA for consideration in my case.

LC