VA Form 21-4192 in TDIU VA Cases?
What is the VA Form 21-4192 in TDIU VA Cases? When Veterans request Total Disability due to Individual Unemployability benefits, they must list former employers on Form 21-8940. These listings automatically generate Form 21-4192.
The VA sends these documents to the listed employers. The form requests job-related information, such as beginning and ending employment dates, why the Veteran left, and any medical issues the Veteran experienced during employment.
Veterans should be proactive. If the company is no longer in business, add a note to that effect on Form 21-8940. Additionally, reach out to former employers and ask if they require privacy waivers before releasing personal information. Failure to do these things could delay your benefits.
Veterans are eligible for unemployment benefits if they have a 60% service-related disability which makes them unable to secure substantially gainful employment. Alternatively, a Veteran with multiple conditions that add up to a 70% disability is eligible as long as at least one condition has a 40% rating.
There is a difference between “unemployed” and “unemployable.” Few TDIU applicants are truly unemployed. In an effort to support themselves and their families, most Veterans will take the jobs available to them. Many of the jobs Veterans work in these situations fall into one of the two following categories which will still allow the Veteran to pursue TDIU.
This term has both subjective and objective connotations. Jobs could be considered unsubstantial if they are not challenging or intellectually stimulating for the Veterans who work them. For example, the VA might consider entry-level work unsubstantial for a Veteran with advanced skills. However, such claims are quite subjective and difficult to prove.
Another, more objective, “unsubstantial” argument relates to pay. Employment is unsubstantial if it does not pay enough for Veterans and their families to live above the poverty line. The issue could be low hourly pay or the inability to work very many hours per week. Paystubs and government poverty line figures are sufficient proof on this point.
Alternatively, a job that does not qualify as “unsubstantial” could be deemed to be in a sheltered environment. A family-owned business is a good illustration. Frequently, Veterans who work in such environments can do things like come in late or work reduced hours due to medical issues, with their pay and job security remaining unaffected. These accommodations are usually unavailable elsewhere. Therefore, the Veteran is considered to hold a job in a sheltered environment.
Employment that is deemed to be unsubstantial or in a sheltered work environment will not prevent a Veteran from qualifying for TDIU benefits.
Many times, VA benefits lawyers partner with vocational experts (VEs) in these situations. VEs testify about the Veteran’s medical condition and the overall job market.
Paystubs are straightforward and VEs are well-qualified experts. But sometimes, a piece of the TDIU puzzle is still missing. Many times, lay testimony can provide the missing piece.
For example, a Veteran’s spouse could testify that the disability prevents the Veteran from getting a good night’s sleep, so the Veteran is often lethargic in the morning which prevents him or her from getting to work on time. Or, a co-worker could testify that the Veteran has a hard time sitting for more than a few minutes at a time.
Medical evidence might also be useful. That is especially true if the C&P exam did not have a favorable result or the C&P doctor was unfamiliar with the Veteran’s disability type.
Partner with Committed Attorneys
TDIU claims often require employment and non-employment related evidence. For a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.