tdiu New Letter Says 21-4192 Sent To Employers Are My Responsibility!

[GlitterPopRock]

Got a 5103, check the box sent it in, that was last week, and I saw on ebenny that 21-4192 were sent to my former employers, reading the fast track letter I saw that "IMPORTANT: Do not deny TDIU evaluations solely because an employer failed to return a completed VA Form 21-4192"

but just got another letter that says

"Even thou we have asked for this information, it is your responsibility to see that VA recieves it

(except for any evidence kept by the VA, military or any other federal government agency)."

SO does this mean I should contact my former employees and try to figure out where this letter was sent to and have them send it in,

or give it to me to send in, cause this is retarded IT IS my responsibility!

[carlie]

Got a 5103, check the box sent it in, that was last week, and I saw on ebenny that 21-4192 were sent to my former employers, reading the fast track letter I saw that "IMPORTANT: Do not deny TDIU evaluations solely because an employer failed to return a completed VA Form 21-4192"

but just got another letter that says

"Even thou we have asked for this information, it is your responsibility to see that VA recieves it

(except for any evidence kept by the VA, military or any other federal government agency)."

SO does this mean I should contact my former employees and try to figure out where this letter was sent to and have them send it in,

or give it to me - to hand carry and present to my VARO and get a date stamped copy.

to send in, cause this is retarded IT IS my responsibility! - YES IT is.

[Notorious Kelly]

I agree that it's absurd for an employer's response to be the vet's responsibility, especially since ex-employers may be like ANY ex and not want to help you.

But - what can ya do?

Good luck!

[GlitterPopRock]

thanks for the responses, I am gonna call my VFW or email them, I just don't know where the forms went to exactly, not like ebenny shows what address or dept they were sent to, I'd hate to go in and have someone at a near HR fill one out, and have VA receive two from a single employer with different info and be denied solely cause two were filled out and have conflicting info

I was discharged in 2003, didnt find work til 2004 and worked for one year at a navy barracks part time, didnt work again til mid 06 for a temp place and just worked a few hours a week for a couple months, then got a job at dominos, yes I was 26 and made pizza, part time... then didnt work from 07 to 09, and got a NISH job thru the va for people with disabilities but worked 20 hours a week, for less then a year and lost the job due to mental health and physical impairments... this was one of the jobs they are sending a letter to, then in 2010 I worked at round table pizza for one month (found out they knew I was disabled the first week, so they were only giving me 10 hours a week) after one month they let me go and I quote they said "we can't pay you to sit on your butt, we can't be liable if you get hurt, why didn't you tell us you were disabled." yet I never sat on my butt! I wanted to sue!

they discriminated on me!

then in 2012 I worked for one month at Little Cesar's pizza as a supervisor, but mentally too hard and I was crying everyday by the end and had to leave

So I just wonder what human resources will say as to why I left round table, and little Cesar's, let alone PHC (Portland habilitation Center (the NISH job the va got me))

but as you can see in the last ten year I hardly worked with years of not working but maybe a month once every few years

[Chuck75]

"(except for any evidence kept by the VA, military or any other federal government agency)."

Even though you were briefly employed here and there, SSA records might be useful,

due to the quote.

The VA has often tried (and succeeded) to use "no evidence" as negative evidence to counter positive evidence.

[Vync]

Also, employers have to the right to open anything sent to be their address.

[westcoastlv]

Glitter, I had the same thing happen to my husband's claim. The VA sent the employment verification to two companies stating that they had to be returned within 10 days. One of the companies was out of business and the other is a corporation with several independently owned stores. I also read on the letter that it was our responsibility to get these employer forms back, and read the fast letter where they said that TDIU could not be denied because employer didn't respond. I called Peggy to tell them the status of the businesses and that because the employment was over 5 years ago, they should have only gone back one year (when my husband wasn't working). Then I started thinking, the VA will use this as a stall technique. They sent the letters, will wait 30 to 60 days, realize that they didn't get them back, resend the letters and wait another 30 to 60 days just to close the claim anyway. I decided that nobody works harder for my vet than me so I contacted the open company, spoke to HR, told her what I was trying to accomplish and she had me email her the form. She completed it and sent it back to me. I then went on the county's website, lookup up the other company's business license that stated it was out of business and sent both pieces along with a letter telling the VA that they had everything they needed to decide the case to the RO. I confirmed they received it via my return receipt, the 800# and ebennies. As of today, still no decision however I am satisfied that the VA received the info, and if they stall on us, it won't be because of anything we did or didn't do. Stay diligent. Reasoning and logic does not fit with the VA. Remember the old saying, if you want something done right, do it yourself.