Tips for VA Form 21-4192: Employment Information | CCK Law (2024)

Robert Chisholm

June 30, 2023

Updated: November 20, 2023

Tips for VA Form 21-4192: Employment Information | CCK Law (1)

What Is VA Form 21-4192?

The Department of Veterans Affairs (VA) uses VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits, to obtain information on a veteran’s employment history.

The form is intended to get basic employment information, such as dates of employment. It also requests information about 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.

Veterans typically use this form alongside VA Form 21-8940 when applying for Total Disability based on Individual Unemployability (TDIU).

What Is TDIU?

TDIU is a benefit that offers disability compensation equal to a 100 percent rating to veterans who are incapable of working due to a service-connected disability. Specifically, a veteran must show that they are unable to obtain and maintain substantially gainful employment due to their service-connected condition(s) to qualify for TDIU. VA outlines TDIU regulations under 38 CFR § 4.16, which includes subsections (a) and (b).

Tips for VA Form 21-4192: Employment Information | CCK Law (2)

How to Fill Out VA Form 21-4192

If you receive VA Form 21-4192 from VA, you should fill out the identification information in Section I (e.g., their name, VA file number, date of birth, and social security information). You should also write in the name and address of your former employer in box 1, followed by the address of VA’s Evidence Intake Center in box 2.

You then send the form to your former employer, and they will fill out the remainder of the information. VA will also send this form directly to any employers listed on your VA Form 21-8940.

The former employer must then complete Sections II, III, and IV and return to the Evidence Intake Center.

Section II: Employment Information

In Section II of VA Form 21-4192, the employer must fill out the following information about the veteran:

  • Beginning date of employment
  • Ending date of employment
  • Type of work performed
  • Amount earned during the 12 months preceding last date of employment (before deductions)
  • Time lost during these 12 months due to disability
  • Number of hours worked a day
  • Number of hours worked a week
  • Concessions made to veteran/employee by reason of age or disability
  • The reason for termination of employment
  • Date of last payment
  • Gross amount of last payment
  • Any lump sums given

Section III: Reserve or National Guard Duty Status

Section III only needs to be completed if the claimant is currently serving in the Reserve or National Guard. If so, the following information must be filled out by the employer:

  • The veteran’s current duty status
  • Whether the veteran has disabilities that prevent them from performing their military duties

Section IV: Information on Benefit Entitlement and/or Payments

In Section IV, the employer must list any benefits the veteran receives as a result of their employment. This includes:

  • Type of benefit the veteran is receiving or is entitled to receive (e.g., sick or retirement pay)
  • Gross monthly amount of benefits
  • Date benefits began
  • Date benefits will stop (if known)
  • Any other remarks

In boxes 23A and 23B the employer must certify that the document is accurate by providing their signature and the date signed. Once complete, the document is ready to be sent to VA’s Evidence Intake Center.

Important Tips for Completing VA Form 21-4192

There are some things to keep in mind when it comes to VA Form 21-4192. 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 circ*mstance 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 TDIU, consider calling them to ask if they will need a consent form signed.

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

It is important to note that VAcannotdeny a veteran’s claim for TDIU if VA Form 21-4192 is not returned.

Do You Need Assistance with VA Form 21-4192?

The claims process can be confusing and difficult, and staying on top of all the required forms can be overwhelming. If you would like assistance with completing this form – or with the entire claim or appeal process – you can request help from a Veterans Service Organization (VSO) or an accredited attorney or claims agent.

The experienced accredited attorneys and claims agents at Chisholm Chisholm & Kilpatrick LTD may be able to help you secure the individual unemployability benefits you deserve. Reach out to CCK today to schedule a free consultation with a member of the team.

Tips for VA Form 21-4192: Employment Information | CCK Law (2024)

FAQs

What if my employer won't fill out the VA form 21-4192? ›

The VA can't deny your unemployability claim if your former employer fails to complete VA Form 21-4192. The form is not absolutely necessary to receive a favorable decision on your TDIU claim. Many veterans have succeeded with their TDIU claim without a 21-4192. However, without the form, the process could be delayed.

Who completes the VA form 21-4192? ›

Use VA Form 21-4192 if you're a Veteran and you need your most recent employer to send us information so you can apply for Individual Unemployability disability benefits. Your most recent employer must complete and submit this form.

How hard is it to get unemployability from the VA? ›

You have at least 1 service-connected disability rated at 60% or more disabling, or. You have 2 or more service-connected disabilities, with at least 1 rated at 40% or more disabling and a combined rating of 70% or more.

How do you prove unemployability? ›

Obtain statements from colleagues or former employees who can explain how your condition prevented you from doing your job. Organize this evidence and take it to your physician. If he agrees your service-connected condition makes it impossible for you to work, ask for a written statement for your application.

How long does it take for the VA to approve unemployability? ›

Typically, in the best-case scenario, VA will issue the initial decision in four months. For some claims, it may take even ten months. The worst-case scenario is getting rejected, which forces you to file an appeal with the Board of Veterans' Appeals (BVA).

Why are TDIU claims denied? ›

A TDIU claim may be denied because the disabled veteran doesn't have a high enough disability rating. However, a veteran whose disability rating doesn't meet the threshold may be able to pursue an adjustment to the rating.

What is the 70-40 rule for VA compensation? ›

To be eligible for schedular TDIU benefits, a veteran must have either: a single service-connected condition with a rating of at least 60 percent; or. (the 70/40 rule) at least two service-connected conditions with a combined rating of at least 70 percent, with at least one of the conditions rated 40 percent or higher.

Is there a C&P exam for unemployability? ›

A C&P exam is a medical examination of a veteran's disability. It is performed either by a VA healthcare provider or a VA contracted provider. VA uses these exams to help them gather more evidence that is essential for them to adjudicate or to process the claim for unemployability.

How do you get 100% unemployability? ›

How Do You Qualify for Individual Unemployability?
  1. Your service-connected disabilities must prevent you from being able to get a job and keep the job, AND. ...
  2. You have multiple service-connected disabilities with a combined total rating of at least 70%; AND.

Do you have to apply for TDIU? ›

To receive TDIU benefits, the veteran must apply for disability compensation and fill out two additional forms: Veteran's Application for Increased Compensation Based on Unemployability (Form 21-8940) Request for Employment Information in Connection with Claim for Disability Benefits (Form 21-4192)

Does the VA contact previous employers Tdiu? ›

Before making a decision on TDIU, the VA will contact prior employers and ask for the reasons why the veteran was terminated or let go.

Can you still work with individual unemployability? ›

Yes, you can work while receiving Total Disability Individual Unemployability (TDIU) benefits, but there are certain rules you need to follow. For those who might be new to this, TDIU is a benefit for veterans who can't work fully due to their service-connected disabilities.

How does the VA verify employment? ›

Please be prepared to provide proof of employment in the form of an offer letter, pay stub, promotion offer, note from manager, or marketing material showing expansion in scope of level of services for veteran owned businesses.

Top Articles
Latest Posts
Article information

Author: Gregorio Kreiger

Last Updated:

Views: 5809

Rating: 4.7 / 5 (57 voted)

Reviews: 80% of readers found this page helpful

Author information

Name: Gregorio Kreiger

Birthday: 1994-12-18

Address: 89212 Tracey Ramp, Sunside, MT 08453-0951

Phone: +9014805370218

Job: Customer Designer

Hobby: Mountain biking, Orienteering, Hiking, Sewing, Backpacking, Mushroom hunting, Backpacking

Introduction: My name is Gregorio Kreiger, I am a tender, brainy, enthusiastic, combative, agreeable, gentle, gentle person who loves writing and wants to share my knowledge and understanding with you.