Veterans Disability

Don’t Let the VA Employees be the only one to decide a Veterans Disability & 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 individual unemployability (TDIU), 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 has training, education, or experience in vocational issues, vocational limitations, nor medical and psychological aspects of disability. This is a true Veterans Disability Assessment.

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. Veterans Disability- 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).

you can get 100% Veterans Disability through “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 100% Veterans Disability due 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.

A quality Veterans Disability Assessment needs to be done by a vocational expert to document the vocational aspects of the veterans disability issues that a doctor cannot do.

Vocational Expert Resource Links

Commission on Rehabilitation Counselor Certification

http://www.crccertification.com/

 

 

International Association of Rehabilitation Professionals

http://www.rehabpro.org/

 

 

The American Counseling Association

http://www.counseling.org/

 

 


The American Rehabilitation Counseling Association

http://www.arcaweb.org/

 

 


The Society for Human Resource Management

http://www.shrm.org/Pages/default.aspx

 

 

Other useful links:

The Dictionary of Occupational Titles http://www.oalj.dol.gov/libdot.htm

 

The Bureau of Labor Statistics http://www.bls.gov/

 

O-net Online http://www.onetonline.org/

 

The Social Security Administration http://www.ssa.gov/

 

The Job Accommodation Network http://askjan.org/

Job Search and Labor Market Information

Government Agencies

School Information

Professional Organizations and Certifying Bodies

 

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.

TDIU Vocational Expert and Veteran TDIU Employability Myths

 

TDIU Vocational Expert and Veteran TDIU Employability Myths

Getting a Evaluation from a Vocational Expert can expedite and dispell many issues in Veteran Disabilty issues.Section 4.16 of title 38, Code of Federal Regulations, authorizes the Department of Veterans Affairs to assign a total rating based on individual unemployability (TDIU rating) based upon a veteran’s temporary (i.e., non-permanent) inability to follow a substantially gainful occupation…Many Veterans believe that :

  1. Postive Rehabiltation efforts or post-rehabilitation  with  the prospect future employment, disqualifies veterans seeking individual umemployability TDIU.
  2. A Technical or college degree means veteran is employable
  3. Attending college is the same, or about the same, as having a job
  4. Working or the Ability to have a job prevents TDIU benefits
  5. If a veteran isn’t close to being commited to a psych ward, the veteran could find some employment

First.  While having an eduction does open more doors to jobs and sedentary jobs and  intelligence will allow any person a chance to do  well in a technical school or college. But scholastic  performance does not equal  employablities or high earing capacity abilities or to put in another way will have an ability to get a job offer after an interview.

The VA  Evaluator’s conclusion must be based on practical facts than on “mere theoretical ability to engage in substantial gainful employment…” Timmerman v. Weinberger, 510 F.2d 439, 442 (8th  Cir. 1975). This means the Evaluator’s “theory” of being employable in the future does not pass the legal precedent requiring VA to draw a “practical conclusion.”

Second.  Having acheived a Technical school  cerfiticat or a college degree does mean disabled veterans can in substantial gainful employement or  work in sedentary type jobs unless a service-connected disability, such as a mental condition, precludes this option. If a combination of disabilties can be shown to interfere with maintaining employment at a gainful level they can be granted disability. A Vocational Evaluation done by a Vocational Expert can document this evidence..  Citation Nr: 1009771.

Third. Attending technical school or  college is not the same as working. Many students are not going to school full time or even part time. You can study at any hour or time or in any location that is best for you. A job has a strict schedule and a strict environment. Also, schools are paid money in order for a student to receive an education or training, therefore they will do more accomidations and have more lax rules than an employer. A vocational expert can opine on this.

Fourth. Veterans can maintain employment and still be eligible for TDIU. In South Dakota, the Board of Appeals agreed. They found a veteran to be eligible for IU despite working 30 hours per week as an automotive parts salesman for 4 years. Citation Nr: 1027075. Here, the veteran had long been employed in this field, with two years of college and experience in automotive maintenance.

Even if a veteran could find work, the work must be substantial gainful employment without special accomidations and ongoing to disqualify the veteran from IU. Further, the term “unemployability” “is synonymous with an inability to secure and follow a substantially gainful occupation.” VAOPGCPREC 75-91. In this decision, the veteran had worked in the specific position for 4 years. If 4 years in that job was not considered a “substantially gainful occupation,” employment for a lesser period would fall within this classification.

Fifth. Mental Health issues can affect employability in many ways. A vocational evaluation that has psychological testing can include this in citing worker traits and vocational limitations. This would be 5 Star evidence of disability proof that is directly related to Employability.  To get better understanding of Mental Health level see Citation Nr: 1023321.

In summary, VAOPGCPREC 5-2005 . Veterans can be eligible for TDIU on a temporary basis, while in rehabilitation efforts.

 

Having a quality vocational evaluation done by a vocational expert can take medical and psychological limitations and show how they are directly affecting a Veteran’s employability or Individual Unemployment.

We would be happy to discuss with you our TDIU Vocational Evaluation.

Vocational Expert in Veterans Disability & TDIU Assessment

 Vocational Expert

Categories : TDIU Vocational Evaluation, Veteran Benefits, Veteran Disability, Veteran Unemployment
 

Neurological Disorders Veterans TDIU

Total Disability & Individual Unemployability (TDIU) – Veteran

A veteran is entitled to a 100% disability rating if he can establish that his service-connected disability[ies] preclude him from substantial gainful employment, Individual Unemployment

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

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.

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.

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.

TDIU Total Disability Individual Unemployability TDIU

Often the VA doesn’t understand how medical and psychological limitations affect a Veterans Employability or Individual Unemployability.

The VA’s ALJ’s are often making TDIU decisions based on limited information because the Veterans limitations are not addressed in Vocational Terms and so the Judges are trying to figure out how X relates to Unemployability. In order to meet TDIU Requirements, you really need a Vocational Expert to do a TDIU Evaluation.

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. This is how a person can get 100% disability due to TDIU.

Total Disability Individual Unemployability(TDIU)

A veteran is entitled to a 100% 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 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

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

TDIU Requirements

Divorce Vocational Evaluation & Spousal Earning Capacity


 

The purpose of a Vocational Expert in divorce litigation is to determine the earning capacity of a spouse or a plan for increasing that earning capacity when alimony or child support must be calculated. If an individual has a long term, salaried job, this is a simple task, however, this rarely is the case when earning capacity is a litigated issue.

What is a Divorce Vocational Evaluation or Spousal Earning Capacity Evaluation and what all is involved?

SouthEast Vocational Experts has become recognized for personalized service in determining a fair assessment of a spouse’s income potential in regard to spousal support and/or child support in divorce cases, and for success in enabling thousands of injured workers to successfully re-enter the job market.We use the most up-to-date computer programs to evaluate skills and interests in order to provide timely and efficient services.

A Vocational Expert in divorce proceedings can determine:

  • Spousal maintenance and child support (employability, placeability, and earning capacity)
  • Retraining plans, costs, and time frames
  • Consideration of Health of spouse and/or child, childcare and Return to Work
  •  Vocational Expert witness services are not always needed.
  • Current Labor Market Value of an individual’s skills and talents
  • Ability to be retrained in higher paying work with a more promising future (rehabilitative alimony)
  • Comparable values of work skills when an individual is self-employed but showing a business loss
  • Feasibility and value of Self-Employment

Divorce Vocational Evaluation Assessment

Divorce Vocational Evaluation Expert

Alabama – Vocational Transitional Evaluation

Schools will pay for Transitional Evaluations however, many parents often have to hire an attorney or school advocate in order for this to occur.

We provide services for school aged children as well as college students with learning disabilities, attention problems, and behavioral concerns.

We provide the following Transitional Vocational Evaluation services:

Comprehensive Vocational Transitional valuations that define children’s learning profile, academic strengths and weaknesses, and recommendations for effective remediation and accommodations. The evaluations assess the following areas:

Complete psycho-educational transitional evaluation – $1950

  • comprehensive intelligence testing/Cognitive Processes (e.g., processing speed, flexibility)
  • comprehensive memory testing
  • comprehensive achievement testing in all academic areas
  • computerized attention assessment
  • behavior/emotional/social assessment
  • comprehensive testing of all neuropsychological processing areas appropriate, such as processing speed, visual-motor skills, visual-perceptual skills, auditory processing skills, phonological processing skills, attention/concentration skills
  • Interest Testing
  • Manual Dexterity
  • Vocational and Work Samples
  • comprehensive transitional evaluation  report

Emotional/Behavioral Assessment

  • Call and speak to us regarding your concerns in order to obtain an estimated cost of assessment.  These are typically completed on an hourly fee basis.

Academic Assessment only

  • Achievement testing in all academic areas (basic reading, reading comprehension, math reasoning, math calculation, written expression) with a brief written report – $500

Consultation

  • Our clinicians are available to meet with you to discuss behavioral, learning, and developmental issues.  We are happy to attend meetings at your child’s school or complete observations in alternate locations. Charges for these services are $175 per hour.

Vocational Expert services in Alabama, Auburn

Chattanooga – Vocational Transitional Evaluation

Schools will pay for Transitional Evaluations however, many parents often have to hire an attorney or school advocate in order for this to occur.

We provide services for school aged children as well as college students with learning disabilities, attention problems, and behavioral concerns.

We provide the following Transitional Vocational Evaluation services:

Comprehensive Vocational Transitional valuations that define children’s learning profile, academic strengths and weaknesses, and recommendations for effective remediation and accommodations. The evaluations assess the following areas:

Complete psycho-educational transitional evaluation – $1950

  • comprehensive intelligence testing/Cognitive Processes (e.g., processing speed, flexibility)
  • comprehensive memory testing
  • comprehensive achievement testing in all academic areas
  • computerized attention assessment
  • behavior/emotional/social assessment
  • comprehensive testing of all neuropsychological processing areas appropriate, such as processing speed, visual-motor skills, visual-perceptual skills, auditory processing skills, phonological processing skills, attention/concentration skills
  • Interest Testing
  • Manual Dexterity
  • Vocational and Work Samples
  • comprehensive transitional evaluation  report

Emotional/Behavioral Assessment

  • Call and speak to us regarding your concerns in order to obtain an estimated cost of assessment.  These are typically completed on an hourly fee basis.

Academic Assessment only

  • Achievement testing in all academic areas (basic reading, reading comprehension, math reasoning, math calculation, written expression) with a brief written report – $500

Consultation

  • Our clinicians are available to meet with you to discuss behavioral, learning, and developmental issues.  We are happy to attend meetings at your child’s school or complete observations in alternate locations. Charges for these services are $175 per hour.

Vocational Expert services in Chattanooga, Tennessee

Georgia – Vocational Transitional Evaluation

Schools will pay for Transitional Evaluations however, many parents often have to hire an attorney or school advocate in order for this to occur.

We provide services for school aged children as well as college students with learning disabilities, attention problems, and behavioral concerns.

We provide the following Transitional Vocational Evaluation services:

Comprehensive Vocational Transitional valuations that define children’s learning profile, academic strengths and weaknesses, and recommendations for effective remediation and accommodations. The evaluations assess the following areas:

Complete psycho-educational transitional evaluation – $1950

  • comprehensive intelligence testing/Cognitive Processes (e.g., processing speed, flexibility)
  • comprehensive memory testing
  • comprehensive achievement testing in all academic areas
  • computerized attention assessment
  • behavior/emotional/social assessment
  • comprehensive testing of all neuropsychological processing areas appropriate, such as processing speed, visual-motor skills, visual-perceptual skills, auditory processing skills, phonological processing skills, attention/concentration skills
  • Interest Testing
  • Manual Dexterity
  • Vocational and Work Samples
  • comprehensive transitional evaluation  report

Emotional/Behavioral Assessment

  • Call and speak to us regarding your concerns in order to obtain an estimated cost of assessment.  These are typically completed on an hourly fee basis.

Academic Assessment only

  • Achievement testing in all academic areas (basic reading, reading comprehension, math reasoning, math calculation, written expression) with a brief written report – $500

Consultation

  • Our clinicians are available to meet with you to discuss behavioral, learning, and developmental issues.  We are happy to attend meetings at your child’s school or complete observations in alternate locations. Charges for these services are $175 per hour.

Vocational Expert in Atlanta, Georgia