WHG recently won a significant remand from the Court of Appeals for Veterans Claims for a veteran seeking an earlier effective date for his Total Disability Individual Unemployability (TDIU) claim. The Board of Veterans’ Appeals had set an April 2019 effective date for the veteran’s TDIU benefits, failing to address evidence of his unemployability dating back several years prior.
The Board must consider all favorable evidence and provide clear reasons for its decisions. In this case, it overlooked key evidence showing that our client’s severe migraines, asthma, and jaw pain rendered him unable to work well before 2019. Statements from the veteran and his wife detailed his incapacitating headaches, inability to speak without jaw pain, and asthma attacks that forced him to stop all activity. This evidence, combined with a private vocational report confirming his unemployability since at least 2015, supported an earlier effective date.
The court’s remand directs the Board to thoroughly review this evidence and reassess the TDIU effective date. This ruling emphasizes that the VA must fully address all relevant records and accurately assess a veteran’s claims.
Our commitment to veterans means ensuring that every aspect of their disability cases receives fair evaluation. We stand ready to support our clients in securing the benefits they have rightfully earned.
