When VA denies TDIU, the reason is often employability, not service connection. VA may accept that a veteran has high ratings and still conclude, often without any vocational analysis, that the veteran can work. An independent vocational opinion answers that conclusion directly. This page is a practical guide for veterans law attorneys and accredited agents: when to order a vocational report, what to send, what the report covers, how testimony works, and how turnaround and fees are handled. For our attorney services overview, see For Attorneys.
Why Vocational Evidence Matters in TDIU Cases
The TDIU question is ultimately for the adjudicator, not a medical examiner (Geib v. Shinseki, 733 F.3d 1350 (Fed. Cir. 2013)). Medical opinions describe functional limits. The adjudicator must decide what those limits mean for the veteran's ability to secure and follow a substantially gainful occupation. Ray v. Wilkie, 31 Vet. App. 58 (2019), frames that decision in two parts: an economic component (more than marginal income outside a protected environment) and a non-economic component (history, education, skill, training, and physical and mental abilities, including concentration, stress tolerance, getting along with coworkers, and reliability and productivity).
A vocational expert is trained to address that second component directly. The report translates medical findings into occupational terms and explains whether any jobs remain given the veteran's documented limits, education, and work history.
When to Order a Vocational Report
- A denial that rests on employability. If the decision says the evidence does not show the veteran is unable to secure or follow substantially gainful employment, a vocational opinion is a direct rebuttal.
- A VA exam or decision that relies on "sedentary work." Withers v. Wilkie, 30 Vet. App. 139 (2018), requires the Board to explain what it means by sedentary work and how it fits the veteran's education and work history. Beaty v. Brown, 6 Vet. App. 532 (1994), bars denial based on conjecture about work the veteran could do. A vocational opinion supplies the analysis those cases call for. See sedentary work rebuttal.
- Board appeals. On the Evidence Submission or Hearing docket, the report can go into the record within the Board's evidence windows. See vocational evidence at a BVA hearing.
- Extraschedular TDIU under 4.16(b). When ratings fall below 4.16(a), the case for referral depends on evidence tying the service-connected conditions to unemployability. See extraschedular TDIU.
- Marginal or protected employment questions. When the veteran works, the report can address whether the work is marginal or in a protected environment under Cantrell v. Shulkin, 28 Vet. App. 382 (2017), and LaBruzza v. McDonough, 37 Vet. App. 111 (2024).
- Remands. When a case returns from the Board or the Court for further development of TDIU, a vocational report can address the specific issues identified in the remand.
Intake Checklist: What to Send
The report can only be as good as the records behind it. For the fastest start, send:
- The most recent rating decision(s) and any Board or Court decisions, including remand instructions
- The TDIU denial or statement of the case, if any
- VA Form 21-8940 and any VA Form 21-4192 responses
- C&P exam reports and any VA or private medical opinions on functional limits
- Relevant treatment records (VA and private), especially those documenting functional limits, medication side effects, attendance, or hospitalizations
- Work history: employers, dates, job titles, duties, and reasons for leaving
- Education and training records, if available
- SSA disability records and decisions, if any (VA must consider relevant SSA records under Murincsak v. Derwinski, 2 Vet. App. 363 (1992))
- Lay statements from the veteran, family, or former coworkers
- Your key deadlines: hearing dates, evidence window end dates, or remand deadlines
- A short case summary identifying the issues you need addressed
We then schedule a 60–75 minute structured remote interview with the veteran.
What the Report Covers
- A clear conclusion in the opening paragraph
- The records reviewed and the methodology, step by step
- Past relevant work classified using DOT and O*NET data, with exertional and skill levels
- Transferable skills analysis mapped to the documented functional limits
- Labor market analysis addressing whether any jobs remain
- Discussion of non-exertional limits such as concentration, pace, attendance, and interaction with others, where the record supports them
- Direct engagement with the reasoning in the denial or unfavorable VA opinion
- Credentials of the evaluator: Jacquelyn (Jackie) Schabacker, MA, CRC, LPC, RSW
Our opinions are independent. If the records do not support a TDIU opinion, we will tell you during the case fit check, before you pay.
To see how these sections fit together, read our annotated sample TDIU vocational report.
Testimony and Supplemental Opinions
Expert testimony, including at a Board hearing, is available and quoted separately. Supplemental declarations and rebuttal opinions are also available if VA or the Board raises new issues after submission, and are quoted based on the scope of the additional work. Let us know early if you expect to need testimony so we can plan around your hearing date.
Turnaround, Rush, and Fees
- Standard turnaround: 5–7 business days once we have both the records and the completed interview.
- Rush: available for deadline-sensitive matters. Tell us the deadline at intake and we will confirm whether we can meet it.
- Fee: $1,599 flat fee for a standard case, covering file review, the structured interview, transferable skills and labor market analysis, and the written report. Complex or expedited cases may need a custom quote, confirmed during the fit check. We do not work on contingency. See Pricing.
- Coverage: nationwide, with remote interviews and electronic records.
Timing Tips for Board Cases
Build the schedule backward from the evidence deadline. On the Board's Hearing docket, evidence can be submitted at the hearing or within 90 days after. On the Evidence Submission docket, evidence goes in with the appeal request or within 90 days after. Allow time for records collection, the interview, and the 5–7 business day report window, plus time for your own review.
How to Start
Request a free case fit check with a short description of the case and your deadline. We will confirm fit, scope, and timing before any work begins. You can also review our attorney services page and pricing.
Frequently Asked Questions
When should an attorney order a TDIU vocational report?
Most often after a denial based on employability, when a VA opinion relies on sedentary work, before a Board hearing or evidence deadline, for 4.16(b) extraschedular cases, or on remand.
What records do you need?
Rating decisions and any denial, C&P exams and medical opinions, relevant treatment records, work and education history, Forms 21-8940 and 21-4192, any SSA records, and your deadlines.
How fast is turnaround?
5–7 business days once we have both the records and the completed interview. Rush delivery is available for deadline-sensitive matters.
Is testimony available?
Yes. Expert testimony and supplemental declarations are available and quoted separately.
How much does it cost?
$1,599 flat fee for a standard case. Complex or expedited cases may need a custom quote. We do not work on contingency.
Last reviewed: September 2026.
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