va claims Benefit Claims All Employment Vocational Expert

What is a vocational expert and do I need one?

Kelsey Kral

 

A vocational expert gives an opinion as to the employability of a Veteran, and this type of expert is helpful for the purposes of a Total Disability Based on Individual Unemployability (TDIU) claim. Compared to a medical doctor, who determines only the functional impact that a Veteran’s service-connected disability has on their employment, a vocational expert can evaluate whether a Veteran can maintain substantially gainful employment in the competitive job market with their service-connected disability(ies) in light of several factors.

 

A vocational expert will consider a Veteran’s skills, education, and work history; the characteristics of the current job market and the types of accommodations that employers may give; and the functional impact (including physical and mental limitations) from the Veteran’s service-connected disability(ies), in assessing a Veteran’s employability. A vocational expert can apply a greater knowledge to a Veteran’s employability than a medical doctor and thus help a VA decision-maker have a better understanding of a Veteran’s ability to maintain substantially gainful employment in light of their service-connected disability(ies) – the standard for entitlement to a TDIU rating. Our attorneys can help you decide if a vocational expert is needed in your case.

A few of the things a vocational expert will look at and take into consideration when coming to their professional opinion:

    • Vocational rehabilitation
    • Earning capacity
    • Lost earnings
    • Job availability
    • Labor market analysis
    • Mental and physical demands of jobs
    • Characteristics of work settings
    • Transferable skills  
 
 
Vocational experts are often hired by the VA to assist in the decision making process of TDIU cases. They are suppose to be neither a government nor an applicant's witness, but rather provide a neutral opinion based on evidence.  Vocational experts are licensed professional counselors, vocational rehabilitation specialists, or other professionals with experience in job placement, career counseling, and working with people with disabilities. They review the Veterans documents in their file, such as their work history, disability report, and earnings record. They then create their opinion on the Veteran's ability to return to their previous work or find other work.
 
The VA makes the final decision on whether to accept or deny the Veterans TDIU claim, and they don't always agree with the vocational expert.