tdiu 21-4192

[Jmgonzales1966]

Reviewed Ebenefits and the only items missing is the 21-4192 forms- Unemployability forms They were sent out for completion on 12/9/2014. Prior to yesterday that is what what is the system with a activity date of 1/9/2014. Now they are saying they just sent out to employers 1/6/2015... Does not make sense. One of the employers is out of business and I doubt the other one will complete. Left on bad terms... So what is the get around on this one?

[JT24usn]

http://frabr245.org/VA%20TDIU%20Fast%20ltr%2013-131.pdf

See pg 3

IMPORTANT: Do not deny TDIU evaluations solely because an employer failed to return a completed VA Form 21-4192. See M21-1MR.IV.ii.2.F.25.e.

send VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefit, to the former employer(s) listed on the form for which the Veteran worked during his last year of employment.

Note: Request VA Form(s) 21-4192 for the Veterans last year of employment even if the Veteran has not worked for five years or more.

[lotzaspotz]

My company contracts employment history requests to an outside company called The Work Number, and they only confirm dates of employment and wage verification. Employers are loathe to go any farther than that, and it's increasingly difficult to get them to address the question of why an employee was involuntary separated, especially when it comes to the fact that the grounds for termination were based on a physical or mental disability. I am not allowed to respond to inquiries like this on a local level, unless obligated under the law, and then it would likely first have to be run by our attorney. That's how complicated this formerly simple task has become because employers are fearful of being sued for one thing or another by former employees.

The VA would be better served to contact the state's workforce commission, aka Unemployment Office, because employers normally have to report separations of any nature to that agency within 72 hours, and it's done over the Internet. The grounds for separation are included in that form if it's an involuntary termination. If the employee quit, that is included, along with the reason if the employee provided one.