Employer forms and TDIU

Hello Jim,

VA is processing my claim for TDIU, I received a letter this week tell me to get my former employers to complete an employment history form and mail it back to VA. I will send the form to my employer, but I have no way of knowing if they will or not. Is this a show stopper??? My last full time employment was in 2011.

Reply:

No, that is not a show stopper.

Most employers throw those forms away. They are not obligated to complete and return them. Employers these days are loathe to fill out anything at all about a former employee. Employers may certify the dates you were employed but they usually won't release any other information. They're afraid of getting sued if they say the wrong things.

VA knows that but they continue to use that ridiculous form. To use the form when it isn't productive only adds time to the process. This is typical of VA and how they do things. They will blame you and the employer for any delays.

If the VA waits the statutory amount of time and they don't get the forms returned, they will then proceed to make a decision without the forms. Most TDIU decisions are made without those forms.