In a recent case, we secured a remand for our client from the Court of Appeals for Veterans Claims for a Total Disability Individual Unemployability (TDIU) claim. The court found that the Board of Veterans’ Appeals provided an inadequate statement of reasons or bases for denying the claim.
The Board concluded that the veteran could perform unskilled labor like sorting or assembly work, despite significant psychiatric symptoms that affect focus, concentration, and social interaction. However, the Board did not explain how these symptoms wouldn’t impact such positions. The Board also failed to address the veteran’s December 2018 hospitalization for depression, which could impact employability, and it overlooked evidence that the veteran’s recent part-time work may only have been marginal.
This remand requires the Board to re-evaluate the veteran’s ability to maintain substantially gainful employment, considering the impact of his psychiatric symptoms on potential job types. It underscores the VA’s duty to provide clear and thorough reasoning when making disability determinations.
Our team remains committed to advocating for veterans’ rights and ensuring the VA considers all relevant factors in evaluating their disability claims.
