TDIU

[Combat eng]

I just met with the vocational expert that my attorney uses. I want to know how much weight does their opinion carry when it comes to the VA. I know it made all the difference when I was awarded my SSDI as she was speaking with the judge. My SSDI claim states that the only reason I can't work is because of my knees which is also my service connected disability. Just wanted to know if I have a reasonable shot at TDIU my attorney feels confident I'm using Hill and Ponton. Thanks

[brokensoldier244th]

Its not a competition- that your attorney has a vocational expert isn't any more weighty than if you'd hired one yourself. With doctors its a bit different because of the differing levels of qualifications, etc, but voc consultants are voc consultants. TDIU doesn't go to Voc rehab vocational people- VRE is a totally separate thing. Now, if you HAD a voc finding from VA VRE of being unable to work, thats about a gold standard as far as being unemployable because they look at your entire medical progression and ratings along with psycho-social influences. I don't know what an outside Voc person would be able to see or what they report on-probably whatever you or your POA gave them to look at, so it may be a different view of the available picture. That you have SSDI is probably more of an influence than having another outside Voc opinion- you already have 2 voc opinions (well, 3-1 from the judge, one from SSDI, and one, presumably, from your lawyer), and your lawyers voc opinion is already of record. 

[Buck52]

I don't see why your attorney is getting a private voc rehab expert?   when you can request to be in  VA  voc rehab program with the VA for free...I bet this attorney will charge you for using this private voc rehab place?  Hill &Ponton attorneys are very good at what they do helping veterans with their claims  but this is the first time I ever heard an attorney using a private rehab program? (unless this is the VA Voc rehab program?)

I agree with bronkesolider   the voc rehab counselor can write a letter for you for evidence in getting the IU Approved.

if they can't find you any  type of work you can do to meet the critera for the income level around 14.400 yearly depending on your education level  to include sedentary jobs  they usually write a letter dismissing you from the rehab program and mention that it is not feasible to retrain this veteran at this time due to his service connected disabilities.

but let it be know  your education level does not make a difference in the decision for IU, the only thing with that is finding you a sedentary  type job  like computer analysis or programer  ect,,,ect,,the older you are will help.  over 55

If your  rated at least at 60%, OR two or more service connected disabilities with at least one disability ratable at 40% or more and with a combined rating of 70% or more, you may qualify. The other requirement is that you can prove are unable to maintain substantially gainful employment as a result of service-connected disabilities.

[brokensoldier244th]

The attorney's voc rehab person can develop an opinion a lot faster that VRE, though. This last year VRE has been hammered by veterans out of work, or, opting not to anymore even if their qualifications for VRE are not at the necessary level to even qualify. That requires time to filter, write an opinion denying entitlement, etc. Initial appointments are weeks and sometimes months out- and that is just the initial meeting to determine eligibility and entitlement. Then it can be more weeks or more until a determination is made. The VRE opinion wouldn't automatically become part of the veterans Cfile, either- VRE maintains their own files. We request information from them about VRE status when a TDIU claim comes through, but its not automatically ported over.

Ideally the veteran would submit that letter along with their claim- saving us from having to get it. I say this not because im looking to do less work (I got 'promoted' to the MST team, so I have like 20-30 claims a day now, YIKES), just that our requests to VRE are fielded in the order they go in, so it may be a few days to weeks to hear from VRE. Better if the vet can get an opinion from somewhere faster if they feel that they have a well built (evidentiary wise) claim.

I loved those, I can scan them quickly, see all the 'boxes' checked for necessary information, and push it to rating faster.