Jim,
I have applied for the TDIU benefit. I just got a letter stating that that VA has made a second attempt to obtain information from my former employers. I'm guess they obviously have no provided it thus far. SO my question is what happens if i am unable to obtain that information? Will it count against me in them determining IU? I have tried myself several times to obtain information from my employers and letting them know that there should be a VA letter which was sent to them, but they don't respond to me. So I'm guess they want no part of me and or it. Any suggestions?
Reply:
No, it won't count against you. You should be sure that you provide VA with the information that they're requesting from past employers as well as you are able to.
It makes no sense to try to collect the information VA asks for. The system of privacy rules changed decades ago and no responsible employer will now do anything but confirm employment. Some won't even do that. They fear litigation and there's a good reason to fear being sued. If I give you any sort of a bad reference, you'll sue me. If I give you a strong reference and you screw up the job, the employer sues me.
There is no law that says an employer must provide the information and most won't touch a VA document with a 10 foot pole. Rather than responding, they ignore it. You've now experienced that...they won't even talk with you.
It may help you to learn more about the TDIU benefit here http://www.vawatchdog.org/tdiu-unemployability.html