Is form 4192 required?

[georgia126532]

I submitted a requested for individual unemployability on 7/26/2020. I have 2 service connected disabilities (one at 70%, the other at 50%). I listed the 70% disability as the one making me unemployable. I attended my C&P exam on Monday, 8/10/2020 and as of yesterday, my claim was in the "Gathering of Evidence Stage." This morning my claim was in "Preparation for Decision" and it is now in "Pending Decision Approval."

I did not submit the VA Form 21-4192 Request for Employment Information form with my claim. I called Peggy today and they said that they did not see where the VA had requested or received that form and that the VA did not need anything else to decide my claim. I know the VA will proceed with making a decision if the employer does not return the form but is it common or has anyone seen a case where the VA made a decision without even requesting the form?

Edited August 14, 2020 by georgia126532
clarity (see edit history)

[Buck52]

That''s fairly fast to go from filing for IU on 7-26 -2020 and getting your C&P on  8-10  -2020 

you must have filed electronically which is 10 times faster then filing paper. wtg

*Let it be known if this disabling condition is  for PTSD  the diagnose has to come from the VA Dr's*

If your Dr read your medical records VA or Private and examine you and he/she mention you can't do any type work due to your military service connected disability rated at 70% and give great detail as to why your unemployable   you do have a chance   its the VA responsibility to give the duty to assist and they are required to fill out the IU Form for you  or award you the IU if your evidence proves you to be unemployable due to your S.C. Disability

But this is the VA your dealing with and anything is possible  your going to just have to wait on the decision.

  if your denied  come back to hadit and give us the reason or what they decided to make their decision

Your decision could go either way  denied or granted the IU. But they have to tell you why on their decision.

if your granted the IU  be sure to file on your SSDI.

let us know how it goes.

fingers crossed 

Edited August 13, 2020 by Buck52 (see edit history)

[georgia126532]

Yes it was an electronic filing and yes, it was for PTSD. The original claim C&P and the IU C&P were both conducted by a VA doctor or a VA contractor. Today my claim is showing as closed. There's no change in my benefits letters so I'm bracing myself for a denial. I just find it odd though, because the M21-1  makes it seems like it's mandatory to request the form, except for the exemptions listed below. Maybe I'm misinterpreting the manual but thanks for the information that you've provided.

 

Quote

Development for VA Form(s) 21-4192, Request for Employment Information in Connection With Claim for Disability Benefits, is routinely initiated at the time a claim for IU is received via submission of VA Form 21-8940. Use the table below to request VA Form(s) 21-4192, for the Veteran’s last year of employment even if the Veteran

• has not worked for five years or more, or
• is or may be currently employed, as marginal employment is possible. 

Exceptions:

• When the evidence of record clearly warrants a grant of entitlement to IU, do not delay a rating decision granting entitlement to IU for initial or continued development for VA Form 21-4192.
• Do not send the VA Form 21-4192 to a previous employer if the Veteran states that the employer is no longer in business or other evidence indicates the business is closed.
• Do not send the VA Form 21-4192 when the Veteran reports self- employment.  Follow the procedures at M21-1, Part IV, Subpart ii, 2.F.3.a for development regarding self-employment. 

Quote

VA Form 21-8940 requires the Veteran to furnish an employment history for the last five years that he or she worked.  In determining whether the Veteran provided work history information for the required time period, review the entries in Blocks 14 and 15 on the VA Form 21-8940.    Note:  The minimum required work history, for the purpose of requesting employment information from the Veteran’s employer(s), must include the last year of employment.   Important:  If the Veteran fails to provide employment history, the evaluation of the underlying issues claimed to cause unemployability must still be adjudicated even though the claim for IU may result in denial.

 

Edited August 13, 2020 by georgia126532 (see edit history)

[Christie]

On 8/13/2020 at 7:46 AM, georgia126532 said:

 There's no change in my benefits letters

 

 

I was granted TDIU on May 20 from the BVA. Still no change on ebenfits for me either.

[georgia126532]

14 hours ago, Christie said:

I was granted TDIU on May 20 from the BVA. Still no change on ebenfits for me either.

Do your benefit letters reflect TDIU?

[georgia126532]

Nevermind. I just saw other your post in the e-bennies forum.