TDIU Veterans Disability Claim – VA Disability Unemployability

Many Vets are lost when it comes to applying for Veterans Disability especially VA Disability for TDIU or Individual Unemployability. Often these claims are denied because the veteran has put into much documenation most of which is needless to the VA adjudicator but overwhelms them just the say. Also, many vets do not get the right kind of documentation that the VA needs to process the VA Disability Claim. Having Medical and Psychological Evidence isnt enough, because the VA adjudicator is trying to determine what these disabilities means in terms or work and they are going to give full wait to a Doctor or Psychologist saying a person cannot work when determining a vocational limitation is in the pervue of the Vocational Expert. Yet many Vets are unaware of what a Vocational Expert and Vocational Evaluation can do for them.

VA adjudicator must consider a report documenting the Veteran’s Individual unemployability from a Vocational Expert as EVIDENCE. Create 5 star evidence for the VA that will cut the decision time on your VA disability claim.

TDIU Vocational Evaluation

A Social & industrial survey (Vocational Evaluation) done by a Vocational Expert can be used as valuable evidence to support a veteran’s TDIU Claim, and help get Faster Decisions, in short you can cut months of your VA disability claim decision.

Many times the VA uses a Social Worker to fill a basic form out, but a Social Worker isn’t an Expert in Medical & Psychological issues in disability nor are they an Expert in Vocational Issues. This is why you need this performed by a Vocational Expert to document your disabilities in worker trait and outline individual unemployability.

Forensic Vocational Experts have the clinical knowledge and expertise to bridge the gap between a person’s medical & psychological limitations and how they will affect the persons employability, so that the VA Adjudicator will be informed as to how the medical and psychological limitations affect a person’s employability. With the right documentation and evidence it can cut the VA’s decision time in processing your VA Disability Claim.

FACTS- Veterans Disability – What is TDIU – Individual Unemployability

INDIVIDUAL UNEMPLOYABILITY
WHAT IS INDIVIDUAL UNEMPLOYABILITY (IU)?
IU is a part of VA’s disability compensation program that allows VA to pay certain Veterans compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the 100% level.
WHAT IS THE ELIGIBILITY CRITERIA FOR INDIVIDUAL UNEMPLOYABILITY?
A Veteran must be unable to maintain substantially gainful employment as a result of his/her serviceconnected disabilities. (marginal employment, such as odd jobs, is not considered substantial gainful employment for VA purposes). Additionally, a Veteran must have:
• One service-connected disability ratable at 60 percent or more, OR
• Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.

HOW DO I APPLY?
• Submit VA Form 21-8940, Veteran’s Application for Increased Compensation Based on
Unemployability.
• Send your completed application to your nearest VA regional office or call 1-800-827-1000.

WHAT IF I DON’T MEET THE PERCENTAGE CRITE RIA?
Special consideration will be given for Veterans when the following criteria are met:
• The Veteran is considered unemployable due to a service-connected disability(ies) but fails to meet the minimum percentage standards, OR

There is evidence of exceptional or unusual circumstances to impairment of earning capacity due to disabilities (for example, interference with employment or frequent periods of hospitalization)
Note: Veterans may have to complete an employment questionnaire once a year in order for VA to determine continued eligibility to IU.

Veterans Disability – Service Connected Condition

The Veterans Administration (VA) provides disability compensation for deserving veterans who have disabilities related to their military service.  These conditions include those that developed while serving in the military that were not caused by active duty, and conditions that were caused or exacerbated by military service.

The Veterans Administration recognizes the following list of conditions as having developed in veterans because of their active service in the military. If you have a service-connected condition and having problems Finding and Maintaining Employment you may be eligible for 100% Veterans Disability due to TDIU, and could benefit from an evaluation.

Post Traumatic Stress Disorder (PTSD)

Related to combat service or personal trauma

Traumatic Brain Injury (TBI)

Often diagnosed, but generally related to concussion resulting from explosion

Why us for Veteran Disability Evaluations

Chronic Diseases:

If diagnosed within one year of separation from service

  • Anemia, primary
  • Arteriosclerosis
  • Arthritis
  • Atrophy, Progressive Muscular
  • Brain Hemorrhage
  • Brain Thrombosis
  • Bronchiectasis
  • Calculi of the kidney, bladder, or gallbladder
  • Cardiovascular-renal disease, including hypertension
  • Cirrhosis of the liver
  • Coccidioidomycosis
  • Diabetes mellitus
  • Encephalitis lethargic residuals
  • Endocarditis (all forms of valvular heart disease)
  • Endocrinopathies
  • Epilepsies
  • Hansen’s disease
  • Hodgkin’s disease
  • Leukemia
  • Lupus erythematous, systemic
  • Myasthenia gravis
  • Myelitis
  • Myocarditis
  • Nephritis
  • Other organic diseases of the nervous system
  • Osteitis deformans (Paget‟s disease)
  • Osteomalacia
  • Palsy, bulbar
  • Paralysis agitans
  • Psychoses
  • Purpura idiopathic, hemorrhagic
  • Raynaud‟s disease
  • Sarcoidosis
  • Scleroderma
  • Sclerosis, amyotrophic lateral
  • Sclerosis, multiple
  • Syringomyelia
  • Thromboangiitis obliterans (Buerger‟s disease)
  • Tuberculosis, active
  • Tumors, malignant, or of the brain or spinal cord or peripheral nerves
  • Ulcers, peptic (gastric or duodenal)

Tropical Diseases

If diagnosed within incubation period of illness following service in a tropical region

  • Amebiasis
  • Blackwater fever
  • Cholera
  • Dracontiasis
  • Filariasis
  • Leishmaniasis, including kala-azar
  • Loiasis.
  • Malaria
  • Onchocerciasis
  • Oroya fever
  • Pinta
  • Plague
  • Schistosomiasis
  • Yaws
  • Yellow fever

Diseases Specific to Prisoners of War

If held captive more than 30 days and diagnosed at any time following separation from service

  • Psychosis
  • Any of the anxiety states
  • Dysthymic disorder (depressive neurosis)
  • Organic residuals of frostbite
  • Post-traumatic osteoarthristis
  • Atherosclerotic heart disease
    • Hypertensive vascular disease
    • Hypertensive heart disease
    • Myocardial infarction
    • Congestive heart failure
    • Arrhythmia
  • Stroke
  • Osteoporosis
  • Avitaminosis
  • Beriberi (including beriberi heart disease)
  • Chronic dysentery
  • Helminthiasis
  • Malnutrition
  • Pellagra
  • Other nutritional deficiency
  • Irritable bowel syndrome
  • Peptic ulcer disease
  • Peripheral neuropathy (except if related to infectious causes)
  • Cirrhosis of the liver
  • Osteoporosis (on or after September 28, 2009)

Atlanta, Georgia Veterans Disability

 

Don’t Let the VA Employees be the only one to decide a Veteran’s Employability.  There are some claims, a veteran establishes that he is unable to return to his former employment because of his service-connected disability.  However that is not the only issue involved in unemployability, the question then becomes whether the veteran has the education, work experience, transferrable skills and adequate physical or mental ability to secure and maintain Other Work. The VA often relies on their VA physicians or Social Workers’ to answer this question. But, in fact, vocational experts are the only ones who are qualified to provide an opinion on this issue.

Vocational experts can evaluate the opportunities in the contemporary labor market against the veteran’s peculiar circumstances, offering an opinion as to the veteran’s potential for obtaining another job.

When the VA obtains there opinion its often in a report known as Social & Industrial Survey , to support a veteran’s claim of unemployability due to service-connected disabilities. However, the person the VA has completing this form rarely had training, education, or experience in vocational issues, vocational limitations, nor medical and psychological aspects of disability.

The United States Department of Veteran’s Affairs (VA) is a government run military benefit system that is responsible for administering programs for veterans’ benefits, their families, and survivors. VA regulations state that “all veterans who are unable to secure and follow a “substantial gainful occupation” by reason of a service-connected disability shall be rated totally disabled.” (38 C.F. R. Sect 4.16).

“Individual Unemployability” or IU is a way for the VA to compensate veterans at the 100 percent rate who are unable to work because of their service connected disability. This is the fasted-growing part of the disability compensation program.

Entitlement to TDIU requires evidence of unemployment due to the disability in question and medical evidence that a veteran’s service-connected disability renders him or her totally disabled and unemployable. A Vocational Expert report can assist in documenting Total Disability.

The recent US Court of Appeals case of Smith v. Shinski (No 2010-7145) using Social Security case law indicates the Veteran’s Administration does not have to use Vocational Experts in TDIU (Total Disability, Individual Unemployability) cases but that the VA adjudicator must consider a report documenting the Veteran’s unemployability. It is clear from this decision that the ultimate question is the employability of the Veteran, not the availability of jobs they can perform.

Specifically, 38 C.F.R. § 4.16 states in part, that if a veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, he or she may be assigned a TDIU rating.  Of course there are other requirements for IU benefits, but even if those requirements are met, if a veteran is still able to secure or follow a substantially gainful occupation, then IU will be denied.

VA Unemployability = Total Disability Individual Unemployability TDIU

Forensic Vocational Expert has the clinical knowledge and expertise to bridge the gap between a person’s medical & psychological limitations and how they will affect the persons employability, so that the VA Adjudicator will be informed as to how the medical and psychological limitations affect a person’s employability.

Vocational Expert Services are Vital in VA Unemployability Claims

SSVE TDIU Vocational Evaluation

Total Disability Individual Unemployability(TDIU)

A veteran is entitled to a 100% VA Unemployability – TDIU disability rating if he can establish that his service-connected disabilities preclude him from obtaining/maintaining- substantial gainful employment, Individual Unemployment

VA adjudicator must consider a report documenting the Veteran’s un-employability from a Vocational Expert.

Vocationl Expert TDIU Evaluation

SouthEast Vocational Experts: Leaders in VA Unemployability -TDIU Veterans Disability, Forensic Mental Health & Vocational Evaluations. We provide a Comprehensive Evaluation that will give the veteran Objective Medical Signs and Symptoms as required by the Code of Federal Regulations.

TDIU Vocational Evaluation

A Social & industrial survey (Special Vocational Evaluation) done by a Vocational Expert can be used as valuable evidence to support a veteran’s TDIU Claim, and help get Faster Decisions.

Many times the VA uses a Social Worker to fill a basic form out, but a Social Worker isn’t an Expert in Medical & Psychological issues in disability nor are they an Expert in Vocational Issues. This is why you need this performed by a Vocational Expert to fully document your TDIU issues.

 

Vocationl Expert TDIU Evaluation

    Your Name (required)

    Your Email (required)

    Phone Number

    Must have 70% service Connection for TDIU

    Services Seeking-TDIU-Evaluations are Private pay and range from $800 to $1,500

    Issues

    VA Unemployability – Total Disability Individual Unemployability(TDIU) serviced in South east as well as nationwide.

    South Carolina Vocational Expert Disability Evaluation

    – Divorce, Veteran, LTD, SSA/SSI –

    SouthEast Vocational Experts: Leaders in Forensic Mental Health & Vocational Evaluations.

    Disability Evaluation process and procedures differ depending on the Venue as well as the issued involved in the case.

    this will cover the major aspects – each case is different and therefore will have different needs, we do not have a one size fits all assessment process.

    Disability Evaluation – Forensic VOCATIONAL EVALUATION  PROCESS

    1) Document Review – General list:

    Hospital, Physician, Psychiatrist, Psychologist, & Counselor records, Disability Forms.

    2)  We Use Both a Structured and Unstructured Diagnostic  Vocational Interview

    This will be a review of the Veteran’s history and will also outline the Veteran’s age, education, current work status, past work experience, skills, current medical & psychological impairment(s), treatments, and physical & psychological limitations.

    (This can be in-person or through SKYPE)

    3)  Assessment of Current Information and determining if more documentation is needed.

    – If needed we will create Medical and/or Psychological Source forms and/or Mental Residual Functional Capacity (MRFC), Physical Residual Functional Capacity (RFC).  This will be the disabled individual or their Representative responsibility to get completed and returned to us.

    4)  Vocational & Forensic Mental Health Evaluation (Psychometric Assessments) (most cases will require one or more tests)

    Based on the case we will determine what assessments need to be completed. We will assess not only aptitudes but also may measure Attention, Concentration (ADHD), Memory, Cognitive Abilities, IQ, Mental Health / Psychiatric Measures (Depression, Bi-Polar, Acute Anxiety,  GAD, PTSD, Schizophrenia, etc.)

    5)  Perform a Vocational Diagnostic Assessment of Residual Employability.

    this includes a Transferable Skills Analysis

    6)   Labor Market Research (if needed)

    Private, local, state, and federal government labor market studies to determine if any significant number of jobs exist that the claimant can perform in the local and national labor market.

    The results of the vocational evaluation enable the Vocational Expert to render an opinion as to the employability of the permanently injured veteran’s and their ability to perform substantial gainful work activity based on quantifiable, accurate, and current information using Veteran’s Disability standards.

    Alabama Vocational Expert Disability Evaluations

    – Divorce, Veteran, LTD, SSA/SSI –

    SouthEast Vocational Experts: Leaders in Forensic Mental Health & Vocational Evaluations.

    Disability Evaluation process and procedures differ depending on the Venue as well as the issued involved in the case.

    this will cover the major aspects – each case is different and therefore will have different needs, we do not have a one size fits all assessment process.

    Disability Evaluation – Forensic VOCATIONAL EVALUATION  PROCESS

    1) Document Review – General list:

    Hospital, Physician, Psychiatrist, Psychologist, & Counselor records, Disability Forms.

    2)  We Use Both a Structured and Unstructured Diagnostic  Vocational Interview

    This will be a review of the Veteran’s history and will also outline the Veteran’s age, education, current work status, past work experience, skills, current medical & psychological impairment(s), treatments, and physical & psychological limitations.

    (This can be in-person or through SKYPE)

    3)  Assessment of Current Information and determining if more documentation is needed.

    – If needed we will create Medical and/or Psychological Source forms and/or Mental Residual Functional Capacity (MRFC), Physical Residual Functional Capacity (RFC).  This will be the disabled individual or their Representative responsibility to get completed and returned to us.

    4)  Vocational & Forensic Mental Health Evaluation (Psychometric Assessments) (most cases will require one or more tests)

    Based on the case we will determine what assessments need to be completed. We will assess not only aptitudes but also may measure Attention, Concentration (ADHD), Memory, Cognitive Abilities, IQ, Mental Health / Psychiatric Measures (Depression, Bi-Polar, Acute Anxiety,  GAD, PTSD, Schizophrenia, etc.)

    5)  Perform a Vocational Diagnostic Assessment of Residual Employability.

    this includes a Transferable Skills Analysis

    6)   Labor Market Research (if needed)

    Private, local, state, and federal government labor market studies to determine if any significant number of jobs exist that the claimant can perform in the local and national labor market.

    The results of the vocational evaluation enable the Vocational Expert to render an opinion as to the employability of the permanently injured veteran’s and their ability to perform substantial gainful work activity based on quantifiable, accurate, and current information using Veteran’s Disability standards.

    Atlanta, Georgia Disability Evaluation

    – Divorce, Veteran, LTD, SSA/SSI –

    SouthEast Vocational Experts: Leaders in Forensic Mental Health & Vocational Evaluations.

    Disability Evaluation process and procedures differ depending on the Venue as well as the issued involved in the case.

    this will cover the major aspects – each case is different and therefore will have different needs, we do not have a one size fits all assessment process.

    Disability Evaluation – Forensic VOCATIONAL EVALUATION  PROCESS

    1) Document Review – General list:

    Hospital, Physician, Psychiatrist, Psychologist, & Counselor records, Disability Forms.

    2)  We Use Both a Structured and Unstructured Diagnostic  Vocational Interview

    This will be a review of the Veteran’s history and will also outline the Veteran’s age, education, current work status, past work experience, skills, current medical & psychological impairment(s), treatments, and physical & psychological limitations.

    (This can be in-person or through SKYPE)

    3)  Assessment of Current Information and determining if more documentation is needed.

    – If needed we will create Medical and/or Psychological Source forms and/or Mental Residual Functional Capacity (MRFC), Physical Residual Functional Capacity (RFC).  This will be the disabled individual or their Representative responsibility to get completed and returned to us.

    4)  Vocational & Forensic Mental Health Evaluation (Psychometric Assessments) (most cases will require one or more tests)

    Based on the case we will determine what assessments need to be completed. We will assess not only aptitudes but also may measure Attention, Concentration (ADHD), Memory, Cognitive Abilities, IQ, Mental Health / Psychiatric Measures (Depression, Bi-Polar, Acute Anxiety,  GAD, PTSD, Schizophrenia, etc.)

    5)  Perform a Vocational Diagnostic Assessment of Residual Employability.

    this includes a Transferable Skills Analysis

    6)   Labor Market Research (if needed)

    Private, local, state, and federal government labor market studies to determine if any significant number of jobs exist that the claimant can perform in the local and national labor market.

    The results of the vocational evaluation enable the Vocational Expert to render an opinion as to the employability of the permanently injured veteran’s and their ability to perform substantial gainful work activity based on quantifiable, accurate, and current information using Veteran’s Disability standards.

    SouthEast Vocational Experts and

    MILITARY SEXUAL TRAUMA (MST) AND PTSD

    PTSD may also result from an unwanted sexual event, which includes any form of forced sexual contact or contact that took place without the victim’s knowledge or consent. Military sexual trauma (MST) is not only a result of the event itself, but the fear of retaliation if the event is reported.

    Statistics from the VA show that in 2012, 23.6% of female veterans seen for health care reported a history of MST. Men also report suffering sexual assault while in the military.

    Disability compensation is available to both male and female veterans who have suffered MST or who developed PTSD as a result of MST. In these cases, the veteran must have some proof that the sexual event occurred to receive disability compensation for it. However, in recent years, the VA has created less strict evidentiary requirements and will now accept a variety of what they call “markers”, which can include various signals, occurrences, or circumstances that would indicate a traumatic event took place.


    Vocational Expert in Veterans Disability & TDIU

     

    Why Us for TDIU – Veterans Disability

    When a Veterans Representatives & Attorneys need an objective Vocational Assessment of a claimant’s Past Relevant Work, & Current Vocational Capabilities, they turn to us for Answers.

    We have been providing Forensic Vocational Expert Services and Occupational assessments for over 17 years. We have also served as an unbiased expert for the U.S. Federal Government in more than 500  cases. We have performed over 3,000 assessments and have a specializations in brain injury (TBI), and Mental Health issues.

    We are one of the few Vocational Experts to have in-depth Vocational & Psychological testing experience as well as to have worked as a on contract for the Social Security Administration ODAR courts, as well as for claimants.

    We choose our evaluation tests based on the individuals’ needs and do not use a cookie cutter approach. We use standardized diagnostic vocational interview, but can also test the claimant using the most modern techniques, including a computerized measurement of aptitudes and abilities. We are one of the few vocational rehabilitation companies experienced with testing the aptitudes and abilities of Spanish and non-English speaking persons.

    The interview and test battery can be administered via the internet allowing claimant’s throughout the United States to obtain this valuable expert service.

    We have sat in and provided Vocational Expert Witness Testimony  in over 500 Social Security Disability hearings; we know what the Administrative law Judge needs to know to make a decision.

    We can provide a Vocational Evaluation (Social & Industrial Surveys) in Veteran’s Disability cases to prove Total Disability Individual Un-employability in (TDIU) Cases.

    Our Specialization is  Forensic Vocational Evaluations & Vocational Analysis.  
    • We have performed thousands of Vocational Transferable Skills Analysis through the VDARE process.
    • We also can provide Intense Brief Therapy.
    • Our mission is to provide reliable, valid, and effective vocational evaluation and expert witness services.
    • We have been providing Vocational Evaluations for over 17 years and worked with a variety of clients and disabilities.
    • We invite you to consult with us on any issue relating to employment, including earning capacity, employability, job search effectiveness, wrongful termination, discrimination, harassment, and retaliation.
    • Earning capacity consulting includes the analysis of complex earning situations including entrepreneurial income and multiple source income from part-time, project and full-time employment.
    • We also offer Vocational Rehabilitation plans, Educational Plans, & Job Placement Services.
    • A vocational expert is able to determine the individual´s skills and abilities to engage in work.