Peter m

[Peter m]

Filed for unemployable. At 90& cancer, ptsd,radiation damage and others. Did my C&p exams. Problem is they want a statement from my employer. I retired 15 yrs ago, none of my supervisors, foreman etc. are working there any longer. VA says they sent forms to employer but haven’t got them back. I called employer a number of times no one seems to know anything about them or about me. So they probably disregarded them. VA says they can’t rate my claim or forward to rating board without them. All new people at job site so probably tossed requests for info. I sent VA my job description salary,years I worked, retirement info don’t know what else to do. Can they refuse to rate because of this? Pete m

[ShrekTheTank]

hey Peter m,

I think you can do this, but you will need to go through voc rehab.  I am no expert in the area, just read posts talking about this issue.  From what I understand they will bring you in for an evaluation on if they can help you or not and then will write it up if you are not.  

Someone else should be able to better answer this question.  

[brokensoldier244th]

Unless something has changed They can't 'not' rate you in the basis of that form alone. It's not a required form Just a recommended one. If you aren't employed for as long as a you have been it's lrrelevant anyway.

[broncovet]

brokensoldier is correct.  

    How is it your fault that your (former) employer has gone awol???  CCK law explains that VA CANNOT DENY YOU based on your former employer failing to return that form. 

Source:  https://cck-law.com/blog/cck-live-evidence-for-your-va-individual-unemployability-claim/

In relevant part:

   

Quote

VA Form 21-4192

Anytime a veteran submits a VA Form 21-8940, a subsequent VA Form 21-4192: Request for Employment Information in Connection with Claim for Disability Benefits will be sent out to each former employer listed on the 21-8940. This form is intended to get information about employment such as when the veteran stopped working, why they stopped working, how much they worked prior to leaving, whether the veteran was experiencing issues at work, and so on.

There are some things to keep in mind when it comes to this form. Many times, veterans applying for TDIU have been out of work for a while and their former employer could be out of business. In this case, VA will still send a 21-4192 to the employer but the veteran will also receive a copy. If you are a veteran in this circumstance who knows that their former employer is no longer in business, it is in your best interest to inform VA that this information is unavailable.

It is also important to keep in mind that some employers will not readily release this information without your consent. If you are aware that your former employer is still in business after recently applying for individual unemployability, consider calling them to ask if they will need a consent form signed.

If VA is unable to obtain this information, they will usually notify the veteran. In this case, a letter to VA from the veteran explaining the circumstances behind the situation can be helpful. Informing VA of these circumstances can prevent further delay in the adjudication of a claim, as VA will no longer spend time seeking this information.

Note: VA cannot deny a veteran’s claim for TDIU if the VA Form 21-4192 is not returned.

What you DO need is a doc statement that you are UNable to maintain SGE due to SC condition(s).  Sometimes you may also need a voc rehab assessment from a VA or IMO voc rehab counselor to show you cant be retrained for sedentary work, for example, if you have bad knees.  

[brokensoldier244th]

Along with that, once you get it, there is a spot on Ebenefits in the claim status where you can say "ive got nothing more to submit" so they don't sit on it for the maximum period for VCAA compliance. 

 

CAS

[Buck52]

They check with the SSA on me to find out when I last worked....the year I last worked.

so go to the SSA and ask for the records that show you last worked. send these to the VA///VA should have checked with the SSA Too?

[Buck52]

 Peter m

I think there just playing hard ball with your claim.

with yout S.C. 90% combined conditions and one of them being cancer ask that the expedite your claim.

YOU MAY LOOK BACK ON YOUR AWARD LETTERS TO WHEN YOU GOT THE 90%?? Check the Dates

Because if and when you got the 90% they should have infrred  the IU Then.