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TDIU for PTSD

Post-Traumatic Stress Disorder (PTSD)

Post Traumatic Stress Disorder PTSD

If you are here because you have been denied veterans’ benefits for PTSD, you are not alone. In 2012, the VA claimed its own claims error rate was 14%. However, the VA’s own inspector general found a claims error rate of 38%.That means by even the VA’s own estimates they make mistakes in almost 4 out of 10 benefits claims cases! Additionally, appeals represent a third of the VA’s pending disability claims which means 1 in 3 cases the VA is processing are veterans appealing a denial.

A TDIU Vocational Evaluation can assist you greatly in gaining Objective Evidence of your Psychiatric Limitations/Mental Health Issues, to get an Objective Diagnosis, severity of issues and how they affect your employability and in Vocational Terms

How Do I Get Veterans’ Benefits for PTSD?

To get veterans’ benefits for PTSD, you need to establish a service connection between your PTSD disability and your time in service. PTSD is unique among veteran disability types because of the importance placed on stressors in diagnosing PTSD.  So, in order to get VA disability benefits for PTSD you will need to get a service connection by establishing a stressor or stressors that qualify you for a diagnosis of PTSD.

There are essentially 3 different approaches to proving stressors.

  1. The first type of stressor involves a situation where a combat veteran describes a stressor that is consistent with his or her combat exposure.
  2. The second type of stressor involves a situation where the veteran describes a stressor that is not associated with his verified combat exposure.
  3. The third type off stressor involves cases where the veteran’s PTSD stressor is related to fear of hostile military or terrorist activity while stationed in a combat theater of operations.

Credible supporting evidence is important in getting approved for PTSD VA benefits. But in practice, the “credible supporting evidence” requirement has been a major impediment to many Veterans receiving compensation for their PTSD diagnosis. Frankly, many things that happen in the service are never properly documented or recorded. As a result, it can be very difficult to prove that the stressor took place. Fortunately, in July 2010 the VA issued a new rule making it somewhat easier to prove that a stressor event happened during service. Under the new regulation, if a Veteran’s claimed stressors are related to the Veteran’s fear of hostile or military or terrorist activity then he could qualify for PTSD based on this as a stressor.

Additionally, in order to get VA benefits for PTSD, you might also need to get a private VOCATIONAL EXPERT OPININON to establish a connection between your service and your diagnosis and Vocational Limitations.

What Are PTSD Veterans Benefits?

Veterans benefits for PTSD are granted based on graduated disability ratings of 0%, 10%, 30%, 50%, 70% or 100%.  Veterans who receive a disability rating of 0% do not receive disability benefits because there is little or no impairment. Disability benefit payments begin at 10% and increase at each rating level.

Veterans have a wide range of benefits available to them. They range from VA pension benefits (non-service connected) and VA compensation benefits – to vocational rehabilitation and grants for adapted vehicles, housing and equipment.

Why Did the VA Deny My Veteran’s Benefit Claim for PTSD that a Vocational Expert and Help with?

The most common reasons why the VA denies benefits for PTSD are:

  1. The VA also likes to deny PTSD claims on the grounds that you don’t have a diagnosis of PTSD.  In many cases, however, if you are not diagnosed with PTSD you may be diagnosed with depression or generalized anxiety.  You would benefit from a TDIU Vocational Evaluation that tests for psychiatric/Mental Health issues and lists their severity and relationship to vocational limitations.
  2. Another reason why the VA denies PTSD benefits claims is because many veterans make the mistake of re-filing PTSD benefits claims without any new evidence or they submit evidence that is not really material to their PTSD, South East VE can provide you with New Objective Evidence.

In order to ensure the greatest degree of success in re-opened disability claims, we recommend that you look very carefully at the reason why the VA denied your claim the last time.  For instance, if the reason they denied you before was because there was no evidence of a present disability, then submitting a new medical record showing a diagnosed condition could potentially aid in getting your claim reopened.  The new evidence you submit should address one of the reasons why VA denied your benefits before.

SouthEast Vocational Experts can provide Objective Evidence of your PTSD and level of severity through our objective Testing.

TDIU -EMPLOYABILITY VOCATIONAL EVALUATION PROCESS

 

This is more in-depth than the Social & Industrial Survey that the VA’s social worker will fill out, and again, the SW is not an Employability/Placeability Expert- This is why you need a Vocational Expert.

 

Our Vocational Experts will perform a Vocational Analysis of the Veteran

1) Document Review – General list:

Hospital, Physician, Psychiatrist, Psychologist, & Counselor records, Veteran’s 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 Veteran’s or their Representative responsibility to get completed and returned to us.

4)  Vocational Psychometric Assessment (most cases will require vocational assessments)

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, Memory, Cognitive Abilities, Mental Health Measures (Depression, Anxiety, GAD, PTSD, etc.)

5)  Perform a Vocational Diagnostic Assessment of Residual Employability.

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.

Chattanooga, Tennessee – psycho-educational transitional evaluations

detailed statement of fees will be provided for clients’ submission to insurance companies for self-filing claims. Please note that most insurance companies do not cover psycho-educational testing for developmental delays or learning issues, as they deem these services ‘educational’ rather than ‘medical’, even if the provider is ‘in-network’.

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 psych0-educational evaluation services:

Comprehensive psycho-educational evaluations 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.

Total Disability Individual Unemployment – Vocational Expert Services for Veterans Disability

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

We have been providing Vocational and Occupational assessments for over 17 years. We have also served as an unbiased expert for the U.S. Government in more than 1,000  cases. We have performed over 3,000 assessments.

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

 

Total Disability & Individual Unemployuability  (TDIU)

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.

 

Vocational Expert in Veterans Disability & TDIU Assessment

Vocational Expert

We serve Veterans with disabilities & Veteran Advocates nationwide, including clients near all VA regional offices and their areas of jurisdiction: places such as Montgomery, Alabama; Houston, Texas; Dallas, Texas; Anchorage, Alaska; Phoenix, Arizona; Little Rock, Arkansas; South Carolina; North Carolina; San diego, California; San Fransisco, California; Los Angeles, California;  Oakland, California;   San Diego, California; Denver, Colorado; Hartford, Connecticut; Wilmington, Delaware, Washington, D.C.; St. Petersburg, Florida; Atlanta, Georgia; Honolulu, Hawaii; Boise, Idaho; Chicago, Illinois; Indianapolis, Indiana; Des Moines, Iowa; Wichita, Kansas; Louisville, Kentucky; New Orleans, Louisiana; Togus, Maine; Boston, Massachusetts; Detroit, Michigan; St. Paul, Minnesota; Jackson, Mississippi; St. Louis, Missouri; Ft. Harrison, Montana; Lincoln, Nebraska; Reno, Nevada; Manchester, New Hampshire; Newark, New Jersey; Albuquerque, New Mexico; New York City; Winston-Salem, North Carolina; Fargo, North Dakota; Cleveland, Ohio; Muskogee, Oklahoma; Portland, Oregon; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; Providence, Rhode Island; Columbia, South Carolina; Sioux Falls, South Dakota; Tampa, Florida; Nashville, Tennessee; Houston and Waco, Texas; Salt Lake City, Utah; White River Junction, Vermont; Roanoke, Virginia; Seattle, Washington; Huntington, West Virginia; Milwaukee, Wisconsin; Atlanta, Georgia; Columbus, Georgia; Savannah, Georgia; Jacksonville, Florida; Pensacola, Florida; Mobile, Alabama; and Cheyenne, Wyoming.

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

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)

Intellectual Developmental Disabilities Experts

Intellectual Developmental Disabilities refers to significantly subaverage general intellectual functioning which exists concurrently with deficits in adaptive behavior that adversely affect educational performance and is manifested during the developmental period.  This is usually characterized as a Full Scale IQ below 75, with greater diagnostic emphasis on Activities of Daily Living (ADL’s).

Most individuals measured in this range are diagnosed with Mild Intellectual Developmental Disability.

SouthEast Vocational Experts have extensive experience working with Developmental disabilities.

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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.