In a recent case involving spousal DIC benefits, the Court of Appeals for Veterans Claims remanded a decision involving our client’s entitlement to Total Disability Individual Unemployability (TDIU). Here the client is the spouse of a deceased veteran. The Board of Veterans’ Appeals had denied our client’s TDIU claim without addressing substantial, favorable evidence related to his service-connected disabilities.
The Board must clearly explain its decisions, detailing its analysis of relevant evidence and explaining the reasoning behind its conclusions. In this case, however, the Board ignored critical evidence that demonstrated the impact of our client’s neurological impairments and urinary issues on his ability to maintain gainful employment.
We secured VA’s agreement that the Board’s decision relied too heavily on outdated medical records from 2012, disregarding later reports of worsening symptoms. These reports documented significant issues, including severe urinary incontinence, that conflicted with the Board’s conclusion that our client could perform sedentary work. The Board’s reliance on limited, inconsistent evidence violated its obligation to consider all relevant facts when evaluating a TDIU claim. By convincing VA’s attorneys of the Board’s error we were able to avoid a lengthy briefing process, thereby ensuring the soonest possible decision from VA on this claim.
With this remand, the Court has directed the Board to reexamine all available evidence and provide a thorough analysis. This decision underscores the importance of a fair, evidence-based evaluation of a veteran’s entitlement to TDIU benefits. Our victory paves the way for a more comprehensive review of our client’s claim, ensuring consideration of all relevant evidence regarding his employability.