The Court granted the parties’ Joint Motion to vacate a November 28, 2023, decision by the Board of Veterans’ Appeals that denied our client entitlement to a total disability rating based on individual unemployability (TDIU). The parties identified several critical errors in the Board’s reasoning, particularly regarding the evaluation of a March 22, 2020 private vocational assessment.
The Board assigned less probative value to this assessment mainly because it occurred via a phone interview rather than an in-person meeting. However, the Court highlighted that while the Board can consider the format of the assessment, it must provide sufficient reasons for deeming a phone interview less credible. The vocational expert’s findings included chronic pain affecting the veteran’s concentration and the impact of his disabilities on employment capabilities, which the Board failed to adequately address.
Additionally, the Board overlooked how the veteran’s constant pain and need for a walker might affect his ability to perform even sedentary work. This oversight warranted a remand for a thorough reevaluation of the vocational assessment and the impact of the veteran’s conditions on his employability. Because of this remand the Board now has the opportunity to properly evaluate the private vocational assessment. Veterans seeking TDIU should understand the importance of comprehensive evaluations in their claims.
