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

  • Donate Now and Keep Us Helping You

     

  • 0

Can The Va Contact A Former Employer Concerning Youe Claim?

Rate this question


Question

Posted

So my buddy called me today an informed me that he just got a letter from the VA stating that they will attempt to get treatment records from his former employer which is the Sheriff’s Office. This just doesn’t sound right to me why would they need treatment records from his former employer. I mean it’s not like they ever knew anything at all about his VA claims or the fact that he was diagnosed with PTSD. Is it even legal for the VA to contact his former employer and ask question about his mental or physical state while he worked for them? I know he did file for TDIU could the VA just be contacting his former employer to ensure he is not working???

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder
Posted

The VA would want to know his last day at work if he is filing for TDIU.

Posted

So my buddy called me today an informed me that he just got a letter from the VA stating that they will attempt to get treatment records from his former employer which is the Sheriff’s Office. This just doesn’t sound right to me why would they need treatment records from his former employer. I mean it’s not like they ever knew anything at all about his VA claims or the fact that he was diagnosed with PTSD. Is it even legal for the VA to contact his former employer and ask question about his mental or physical state while he worked for them? I know he did file for TDIU could the VA just be contacting his former employer to ensure he is not working???

If he signs a ROI form for VA to contact them then yes VA is able to do so.

If he has requested IU, then VA will want to contact the former employer for a few

answers to their questions, like reason for termination of employment, any on the job

related injuries, or illness, amount of sick time taken and why, etc . . .

If he wants the benefits and meets the criteria - he has to play ball.

Lets say your paying the bill for IU -

wouldn't you want to know if he reported to his employer that he had

no mental health conditions . . . and then, through his job he experienced a trauma

that resulted in PTSD ?

That liability would rest with his employer and not VA.

I am not stating this is the case.

That is just an example.

Carlie passed away in November 2015 she is missed.

  • Lead Moderator
Posted

Carlie has it right. If you want to "play ball" with the VA then you have to play by "their rules", not yours. When you request benefits, the VA makes you sign release forms, consenting to release everything..even stuff your mother does not know about you.

So, the answer is, "Yes", the VA can contact your employer, your doctor, your military service records, and, I understand they also do a criminal background check.

You see, the VA automatically takes 90% of your VA benefits in the event you are incarcerated as a felony AND, the VA likes to deny things such as "willfull miscounduct", so if your drinking caused the problem, even while in service, you can expect a denial for benefits based on "wilfull misconduct".

By applying for VA benefits, you give the VA the right to know everything there is to know about you, and then leave all that information on a laptop that the VA can not remember where they left it.

Posted

The VA will hold up your claim awaiting info from employers - happened to me.

Unfortunately, some employers are like jilted ex-lovers and aren't interested in helping you by filling out VA paperwork, or they're concerned with their liability in releasing requested information.

If you have good relations with former employer, contact them to ease the process. Might also ask VA what you need to do to get over that employer info hump.

Posted

By applying for VA benefits, you give the VA the right to know everything there is to know about you, and then leave all that information on a laptop that the VA can not remember where they left it.

laugh.png aint that the truth

  • HadIt.com Elder
Posted

If you can go to your former employer and get the information directly from then and then send it to the VA that can speed things up if the VA will accept it. I cut about 6 months to a year off my TDIU by getting my Form 50 from the USPS and sending to the VA. They wanted to know my last day at work etc. They also wanted info from SSA and a copy of my DD214. I got all that for them thus knocking off months of waiting around for various agencies to send it.

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

    • Matrev earned a badge
      First Post
    • Patrol Agent earned a badge
      Conversation Starter
    • Patrol Agent earned a badge
      Week One Done
    • Patrol Agent earned a badge
      One Month Later
    • Grey Goose went up a rank
      Rookie
  • Our picks

    • From CCK-Law.com

      VA Disability Payment Schedule for 2025

      VA Disability Rates 2025
      • 2 replies
    • 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
      • 1 review
    • 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 reviews
    • Do the sct codes help or hurt my disability rating 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use