Our firm successfully secured a remand for our client after the U.S. Court of Appeals for Veterans Claims vacated an August 21, 2023, decision by the Board of Veterans’ Appeals. The Board denied our client entitlement to a total disability rating based on individual unemployability (TDIU). Our CAVC attorneys convinced VA and its attorneys that that the Board failed to provide an adequate explanation for its decision, necessitating further review.
The Board dismissed a May 2023 vocational consultant’s report, which highlighted impairments in concentration due to our client’s pain. The Board claimed the consultant provided no evidence or rationale. However, the report explicitly referenced our client’s own statements about his concentration issues, which were tied to his service-connected disabilities. The Board failed to acknowledge this key evidence.
Additionally, the Board did not fully analyze whether our client could engage in sedentary work, as required by the Court’s precedent. Although the Board suggested administrative work as a possible option, it did not address whether our client’s physical limitations, including difficulty sitting for extended periods, would prevent such employment.
Another great win at the Court on behalf of our veteran clients!
