Inadequate Medical Opinions Lead to Remand of Veteran’s Foot Condition and TDIU Claims

We are excited to share a recent victory for our client before the Court of Appeals for Veterans Claims. The Court agreed that the Board relied on inadequate medical opinions when denying our client’s claim for a bilateral foot condition. The Court also recognized that her Total Disability Individual Unemployability (TDIU) claim is closely linked to her foot condition claim. As a result, both claims have been set aside and remanded for further review.

Inadequate Medical Examinations Failed to Address Specifics

The Board relied on two VA medical examinations from December 2021 and July 2022. Both examinations concluded that our client’s obesity was not caused or aggravated by her service-connected ankle condition. They stated that obesity results from excessive caloric intake and insufficient exercise, offering only general information. However, these examinations failed to address our client’s specific circumstances and how her ankle condition may limit her ability to exercise.

Court Recognizes the Need for Adequate Medical Opinions

The Court highlighted that VA’s duty to assist includes providing adequate medical examinations. An examination must describe the disability in enough detail to allow for a fully informed evaluation. The Court agreed that the medical opinions did not meet this standard. They did not provide sufficient rationale or consider our client’s individual situation.

TDIU Claim Remanded as It Is Intertwined

Our client’s TDIU claim is inextricably intertwined with her foot condition claim. A favorable decision on her foot condition could significantly impact her eligibility for TDIU benefits. Recognizing this connection, the Court remanded both claims for proper adjudication.

What This Means for Our Client

This remand offers a fresh opportunity to present comprehensive medical evidence supporting our client’s claims. We will ensure that any new medical examinations thoroughly address how her service-connected conditions affect her obesity and foot condition. Our goal is to secure the benefits she rightfully deserves.

We Are Here to Help

If you or a loved one face challenges with VA disability claims, especially involving inadequate medical examinations, we are here to assist. Our experienced team is dedicated to advocating for veterans’ rights and ensuring they receive the benefits they have earned.

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