ptsd When Do They Call Your Employers ?

[conway]

Hello. I have a claim in for my hearing & mental issues, PTSD, and others.

A few months later I also submitted a IU application on the advice of a county Vet Rep. I cant stay employed and can't find jobs, sometimes for years.

Well they approved the hearing but deferred the PTSD / mental. Just the other day I found out they contacted three of my last employers with a form 4192 about my mental claims. The VA themselves told me they did this. Since my mental claims are still deferred and they haven't decided if they are service connected yet, I am wondering.........

When do they contact past employers? Do they do it ONLY if you have a service connection?? or will they do it just because you submitted an IU application (even if you don't yet have a service connection)??

I am hoping maybe this is a good sign that maybe they service connected me for the mental issues & just haven't told me yet- pending my IU application outcome. thank you

[broncovet]

The employers had better tread very carefully giving VA a negative opinion of you even if they do "hate" you. (Tho you probably had/have friends who work there too). The ones who do the report to VA may never have even met you, and, even if they did, and had an opinion of you, they were likely forbiddent to indicate any such thing on the report to VA or to another employer. They probably look in the file and give the dates of employment and little else. Companies have learned, the hard way, to keep their mouth shut about opinions on terminated employees.

You see, most employers dont even want to give the reasons for termination, because that is just a liability issue. Most of them are very general or even complimentary by saying things like a politician would:

"Joe was a good employee for 3 years. He showed up on time, and got along well with coworkers. However, our business plan changed in 2014, and Joe was no longer a good "fit" for our company in the reorganization. We wish him well and would recommend others hire him."

I doubt they will say anything "negative" about you UNLESS they can document it such as:

"Our Time card records show Joe was absent from work without a call in on Feb, 3, March 2, March 17, and April, 3, 2013. This violates our policy of 3 times no show results in termination. He was counseled on April 5, 2013, but failed to show up again on April 5, 2013, and we were forced to terminate for no show."

If they fired you for "no show" or being late, this will even help your IU claim especially if you can document a medical visit to VA on those dates.

Its even better if they say something like:

"Joe had outbursts of Anger, which scared other employees. On June 13, 2012, coworker Betty Smith reported to us "she was afraid of you because of your outbursts."

In short read what they say about you before you decide whether to challenge it or not. Ask for a copy of your cfile, including what your company said.

Edited July 8, 2015 by broncovet

[Gastone]

Check out the M21 DRO section regarding failure of employer to return requested Employment Info form. The mailing of the 4192 to any foemer employer that you listed on your IU claim is a VA automatic.

Any employer that has a clue regarding possible legal exposure would be NUTS to Sign and reurn the form. The failure of a former employer to return the form will not affect your claim. Do you have a Mental Health DBQ indicating an inability to funtion in even a Sedentary Job paying more than $238.00 per week? You can be unemployed, under-employed or just out of work for whatever reason, VA is only concerned that the reason for your inability to earn Substantialy Gainful Income ($12,400 per yr. under 65) is due totaly to your VA SC condition.

Do you currently have 1 SC rated at least 40% with other SC's getting you to 70%? If not, the fate of your IU will rest on your deferred PTSD and/or other mental health C&Ps. Without the required Schedular SC% ratings, your looking at a Non-Schedular rating that can only be awarded by the Rating Dept Director after being referred by the original rater. Tough nut to crack.

semper Fi

Gastone