WHG successfully secured a remand from the U.S. Court of Appeals for Veterans Claims in a case involving entitlement to a total disability rating based on individual unemployability (TDIU). The Court vacated the Board of Veterans’ Appeals’ July 8, 2023, decision and ordered the Board to readjudicate the case. The decision came after VA and its lawyers agreed the Board failed to provide an adequate explanation for denying TDIU.
The Board is required by 38 U.S.C. § 7104(d)(1) to provide a detailed written statement explaining its findings and conclusions. In this case, the Board improperly dismissed the lay statements made by the appellant and his wife. These statements explained the appellant’s inability to maintain employment due to service-connected disabilities, but the Board rejected them as “inconsistent with other evidence.”
However, the appellant consistently reported difficulties maintaining jobs due to psychological issues, such as frustration and anger, which the Board failed to address. The Court ruled that the Board did not adequately explain why it found these statements incredible, especially since multiple factors, including interpersonal issues, could have contributed to the employment challenges.
This remand ensures a proper review of the appellant’s claim for TDIU based on all relevant evidence, as required by law.
