Board articulated no standard for finding the Veteran could do sedentary work
CCK successfully appealed a Board decision that denied the Veteran entitlement to a total disability rating based on individual unemployability (TDIU). The Court agreed that the Board failed to apply any articulable standard when it denied TDIU and remanded that issue for readjudication. Specifically, the Court agreed that the Board failed to define the terms “sedentary work” or “semi-sedentary work”. Thus, its finding that the Veteran could perform such work was arbitrary and “completely meaningless.” Additionally, the Board erroneously relied solely on the medical examiners’ statements regarding his behavior during examinations and failed to adequately account for evidence that his limitations are more severe than demonstrated in the limited setting of an examination.
To read the Court’s decision, click here.
Category: Court Wins