In a recent case before the Court of Appeals for Veterans Claims, we won a remand for our client’s Total Disability Individual Unemployability (TDIU) claim. The Board of Veterans’ Appeals improperly dismissed the claim as moot, failing to provide sufficient reasons or bases for its decision.
Under the law, the Board must offer a clear explanation for its findings, enabling veterans to understand the reasoning behind their decisions (Allday v. Brown). The Board denied TDIU without considering our client’s eligibility for TDIU prior to his 100% rating in January 2023. It dismissed relevant evidence from his medical history that pointed to unemployability, despite our client’s submission of credible, documented impairments impacting his work capacity.
The Board also failed to address whether the veteran’s service-connected disabilities—such as ischemic heart disease, severe neuropathy, and leg weakness—qualified him for TDIU before January 2023. Citing cases like Roberson v. Principi and Rice v. Shinseki, we argued that this oversight violated the VA’s duty to fully assess whether a veteran’s conditions justify TDIU on a factual basis.
The court remanded the case, instructing the Board to provide a thorough analysis of whether our client’s disabilities rendered him unable to secure gainful employment before his 100% rating date. This decision underscores the VA’s duty to fully consider all relevant evidence for TDIU claims, ensuring veterans receive the support they deserve.
