The Role of a Vocational Expert in a Disability VA –  TDIU Claim

The Role of a Vocational Expert in a Disability VA –  TDIU Claim

What are Vocational Assessments for a Veterans TDIU Claims?

Many people are unsure as to why they need a Vocational Evaluation/Assessment for their claim. A vocational assessment can provide valuable information for decision-makers regarding Total Disability Individual Unemployability cases, also known as TDIU/IU cases and help answer whether a veteran’s service-connected disabilities prevent him or her from securing substantially gainful employment (“SGE”).

Many people assume if they cannot do their Own Occupation that that means they are disabled but Any Occupation especially UnSkilled Sedentary Occupations have to be ruled out.

The Department of Veterans Affairs (“VA”) defines SGE as “employment that is ordinarily followed by the non-disabled to earn their livelihood with earnings common to the particular occupation in the community where the veteran resides.”

The Veterans Administration specifies that SGE cannot include sheltered or protected employment. Further, if a veteran’s annual wages are below the poverty level, this employment cannot be considered substantially gainful. If a veteran is unable to secure SGE as a result of a service-related disability, then he or she is entitled to receive 100% compensation for TDIU.

Why TDIU Vocational Evaluations are Essential?

Judges as well as other decision-makers in these types of cases often rely on the opinion of physicians and other medical providers to determine whether a veteran can still obtain SGE. However, these reports are done in medical terms and not vocational terms.

Therefore individuals, do not have specialized vocational experience or expertise and are not equipped to determine the feasibility of a veteran’s ability to work.

A vocational expert knows vocational terms, transferability of skills, and what the 72 factors of occupations that need to be looked at.  A vocational evaluation can help bridge the gap between any documented medical and psychological limitations and residual functional limitations within the context of jobs in the present labor market.

A vocational evaluation is a multi-step process and is prepared by a vocational expert. The vocational rehabilitation assessment must have a methodology that fulfills the VA requirements to address the critical questions in a TDIU matter. These questions include:

  • Is the veteran disabled?
  • What is the estimated date of TDIU?
  • Was past work sheltered or protected employment?

The analysis also includes a vocational opinion based on both objective and subjective evidence regarding the estimated date the veteran was unable to work at SGE.

Vocational assessments are structured by topic, starting with the reason for the referral. All records to be considered in the matter are summarized in a report. This records summary is critical because it outlines the objective and subjective evidence in the case, including a review of the medical, psychological, and other records contained in the file. Additionally, a thorough interview is conducted with the veteran regarding symptomology, limitations, educational history, and work history.

 Vocational Assessment

This information is synthesized, and the residual functional capacity (“RFC”) of the veteran is identified. RFC is the functional ability a person has after the effects of the disabling condition. RFC can relate to physical and/or mental abilities that result in restrictions on certain behaviors and/or exposure to specific environments. The RFC identified in the records are matched with the veteran’s past work as defined in the Dictionary of Occupational Titles and the functional demands of that job. If the functional limitations preclude past work, the VE will perform a transferable skills analysis. No more than the past fifteen years of work are analyzed as it is no longer realistic to expect skills to continue after fifteen years. For example, if a veteran had worked for the previous fifteen years in unskilled, but physically demanding jobs, no skills would transfer to other work. If the veteran has no past skilled work, or the RFC precludes skills from past work, the VE must consider other, unskilled jobs that both exist in the economy and that would fit within the RFC. In addition, the vocational expert will also provide an analysis regarding the labor market and the actual availability of jobs in the current economy. As part of the conclusion, specific records must be cited to support the RFC and the date the RFC was established. If the RFC precludes any unskilled work in the economy, the VE can conclude that the veteran could not work. This analysis also allows the VE to determine when the veteran became unable to work.

How TDIU Cases are Evaluated?

Decision-makers are often faced with challenges when evaluating TDIU case records without a vocational assessment. Information contained in a veteran’s records can be confusing and contradictory. Identifying the RFCs can be difficult if the records are unclear. The veteran may have unsuccessful work attempts or a history of accommodated work in the past. It is often difficult for TDIU decision-makers to thoroughly unpack and effectively analyze this information. Additionally, decision-makers may struggle to identify the date the veteran became unable to work. A VE has the skills to identify RFCs and past relevant work and to determine how the veteran’s service-connected disabilities may limit their ability to work and earn a substantially gainful income. If the veteran cannot earn a substantially gainful income as a result of his or her service-connected disabilities, the veteran may qualify for a 100% TDIU rating from the VA. Thus, a vocational evaluation from a vocational expert  is a invaluable in supporting a veteran’s TDIU claim.

References

Determining Disability, Unemployability, and Marginal Employment. M21-1MR, Part V, Subpart ii, Chapter 1, Section B (2018).

Havraneck, J. (2007). Advanced issues in forensic rehabilitation (199). Athens, GA: Elliott & Fitzpatrick.

Total Disability Ratings for Compensation Based on Unemployability of the Individual. 38 CFR § 4.16(a) (2011).

Weed, R. O., & Field, T. F. (2001). Transferable skills analysis. Rehabilitation Consultants  Handbook (pp. 101-103). Athens, GA: Elliott and Fitzpatrick, Inc.

We serve individuals 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.

Quick FACTS – Military Sexual Trauma – MST – PTSD

MILITARY SEXUAL TRAUMA
Disabilities determined by VA to be related to your military service can lead to monthly non-taxable compensation, enrollment in the
VA health care system, a 10-point hiring preference for federal employment and other important benefits. Ask your VA
representative or Veterans Service Organization representative about Disability Compensation, Pension, Health Care, Caregiver
Program, Career Services, Educational Assistance, Home Loan Guaranty, Insurance and/or Dependents and Survivors’ Benefits.
DISABILITY COMPENSATION FOR CONDITIONS RELATED TO
MILITARY SEXUAL TRAUMA (MST)
Disabilities determined by VA to be related to your military service can lead to monthly non-taxable compensation, enrollment in the VA health care system, a 10-point hiring preference for federal employment, and other important benefits. Ask your VA representative or Veterans Service
Organization representative about Disability Compensation, Pension, Health Care, Caregiver Program, Career Services, Educational Assistance, Home Loan Guaranty, Insurance and/or Dependents and Survivors Benefits. Some Veterans may have experienced sexual trauma while serving in the military. These kinds of experiences can affect Veterans’ mental and physical health, even many years later. Veterans can
apply for disability compensation for any current difficulties that are related to their service, including difficulties related to MST.

HOW DOES VA DEFINE MST?
MST is defined by Title 38 U.S. Code 1720D
as “psychological trauma resulting from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the Veteran was serving on active duty, active duty for training, or inactive duty training.” Sexual harassment is defined as “repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character.”

ARE VETERANS GRANTED DISABILITY COMPENSATION FOR MST?
Veterans are not granted compensation for the traumatic event itself, but can be granted disability compensation for conditions that result from MST.  Compensation – April 2015
CAN YOU DEVELOP POSTTRAUMATIC STRESS DIS ORDER (PTSD) OR OTHE R MENTAL HEALTH DISORDERS AS A RESULT OF MST?
Yes. Exposure to any trauma can potentially result in PTSD or another mental health disorder. PTSD is the most common mental health diagnosis related to experiencing MST.
WHAT EVIDENCE CAN SU PPORT A DISABILITY C LAIM FOR PTSD AS A R ESULT OF MST?
Department of Defense forms used in reporting incidents of sexual assault or harassment, as well as investigative reports during military service are direct evidence to support these claims. However, VA knows that events involving sexual trauma are not always officially reported. Therefore, for PTSD claims related to MST VA has relaxed the evidentiary requirements and looks for “markers” (i.e., signs, events, or circumstances) that provide some indication that the traumatic event happened.
These include, but are not limited to:  Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians Pregnancy tests or tests for sexually transmitted diseases Statements from family members, roommates, fellow Servicemembers, clergy members, or counselors Requests for transfer to another military duty assignment. Deterioration in work performance Substance abuse. Episodes of depression, panic attacks, or anxiety without an identifiable cause.  Unexplained economic or social behavioral changes Relationship issues, such as divorce Sexual dysfunction
VA RELAXED THE STAND ARDS OF EVIDENCE FOR COMBAT RELATED PTSD. ARE T HE STANDARDS OF EVIDENC E FOR MST – RELATED PTSD CLAIMS MORE STRINGENT THAN OTHER PTSD CLAIMS?
No. In fact, VA relaxed its evidentiary standard for disability claims related to MST in 2002 to ensure all available evidence supporting these claims is considered. Because military service records may lack corroborating evidence that a stressful event occurred, VA regulations make clear that evidence from non-military sources may be used to corroborate the Veteran’s account of the MST. Further, when direct evidence of an MST is not available, VA may request a medical opinion to consider a Veteran’s account and any “markers” to corroborate the occurrence of the MST event as related to current PTSD symptoms.

CAN PREVIOUSLY DENIE D MST RELATED P TSD DISABILITY CLAIM S BE RE – EVALUATED?
Yes. Increased awareness of MST issues resulted in special training beginning in December 2011 for all VA regional office personnel who process MST-related claims and the mental health clinicians conducting the examinations related to these claims. This ongoing training focuses on discovering “marker” evidence to support the claim. VA wants all Veterans who filed MST-related PTSD claims before December 2011 to receive the benefits of this nationwide training. If your claim was submitted before that date and denied, you can request a re-evaluation from your local VA regional office.
WHAT DO VETERANS NEE D TO DO TO GET A PRE VIOUSLY DENIED MST- RELATED PTSD DISABILITY CLAIM RE – EVALUATED?
Veterans who want VA to review their previously denied MST-related PTSD claim can start by contacting their regional office, calling 1-800-827-1000 or logging into their free eBenefits account at www.eBenefits.va.gov.
CAN VETERANS PROVIDE NEW INFORMATION FOR A RE-EVALUATION OF A PREVIOUSLY DENIED MSTRELATED PTSD DISABILITY CLAIM?
Yes. VBA will accept new evidence to be reviewed when a claim is re-evaluated. It’s best to send any new evidence at the same time as you request a re-evaluation. Veterans Service Organizations, as well as MST specialists and/or Women Veterans Coordinators available at every VA regional office, can help you determine what type of information is best to submit.
DO I NEED TO BE SERVICE CONNECTED FOR MY CONDITIONS RELATED TO MST TO GET TREATMENT?
No. VA provides free health care for physical and mental health conditions related to experiences of MST. No documentation of the MST experiences or disability compensation rating is required. Some Veterans may be able to receive this free MST-related health care even if they are not eligible for other VA care.
HOW CAN YOU APPLY FOR DISABILITY COMPENSATION?
You can apply for disability compensation by completing VA Form 21-526, Veteran’s Application for Compensation and/or Pension. You may also apply online at www.ebenefits.va.gov, or you can appoint an accredited Veterans Service Officer (VSO) to assist you. Male and female MST coordinators are available at every VA regional office to assist Veterans filing claims related to personal assault or MST. You can call 1-800-827-1000, and VA will put you in touch with an MST coordinator, or you can email the MST coordinator at your local regional office from the list of Compensation – April 2015 coordinators located at http://www.benefits.va.gov/benefits/mstcoordinators.asp . For informationabout MST-related treatment, visit ww.mentalhealth.va.gov/msthome.asp.

Overview

Female deep in thought.

Military sexual trauma (MST) is the term that the Department of Veterans Affairs uses to refer to sexual assault or repeated, threatening sexual harassment that occurred while the Veteran was in the military. It includes any sexual activity in which one is involved against one’s will – he or she may have been pressured into sexual activities (for example, with threats of negative consequences for refusing to be sexually cooperative or with implied faster promotions or better treatment in exchange for sex), may have been unable to consent to sexual activities (for example, when intoxicated), or may have been physically forced into sexual activities. Other experiences that fall into the category of MST include unwanted sexual touching or grabbing; threatening, offensive remarks about a person’s body or sexual activities; and/or threatening or unwelcome sexual advances.

Male deep in thought.Both women and men can experience MST during their service. All Veterans seen at Veterans Health Administration facilities are asked about experiences of sexual trauma because we know that any type of trauma can affect a person’s physical and mental health, even many years later. We also know that people can recover from trauma. VA has free services to help Veterans do this. You do not need to have a VA disability rating (i.e., “service connected”) to receive these services and may be able to receive services even if you are not eligible for other VA care. You do not need to have reported the incident(s) when they happened or have other documentation that they occurred.

This website has information about the health care services that VA has available for Veterans who experienced MST.  For information about VA disability compensation for conditions related to MST, please view this fact sheet about Disability Compensation for Personal Assault or Military Sexual Trauma.

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

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    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