In a recent victory before the Court of Appeals for Veterans Claims, the Court ordered a remand in favor of our client, regarding her eligibility for a Total Disability Individual Unemployability (TDIU) rating.

We convinced VA’s attorneys that the Board of Veterans’ Appeals had failed to properly evaluate and consider critical evidence. Overall, the Board neglected to assess the combined impact of the veteran’s conditions on her employability. Also the Board’s requirement for “persuasive” evidence contradicted the “benefit of the doubt” rule that favors veterans.

For her migraines, the Board minimized the severity of her headaches, inaccurately concluding that her pain levels averaged only 5/10. However, the record documented multiple episodes where her pain ranged from 7/10 to 10/10, often accompanied by nausea, sensitivity to light and noise, and periods of incapacitation that interfered with work. The Board ignored this evidence, improperly dismissing her migraines as manageable. Regarding sinusitis, the Board claimed the veteran could work through non-incapacitating episodes but failed to address how severe symptoms, like dizziness and cognitive impairment, would impact her employment. For her knee pain, the Board inconsistently evaluated the evidence, noting both minimal impairment and significant functional limitations. The parties highlighted that the Board failed to consider the frequent work absences caused by her knee condition, including 42 days missed while in a sedentary role.

This remand underscores the importance of comprehensive evidence evaluation and a fair analysis of cumulative impairments, especially for veterans seeking a TDIU rating.