The Board improperly denied a Veteran entitled to individual unemployability benefits

The Board improperly denied a Veteran entitled to individual unemployability benefits

CCK successfully appealed to the Court a Board decision that denied the Veteran individual unemployability benefits.  The Board summarily found that the Veteran’s education, training, and vocational experience made him well-qualified for sedentary employment.  The Court however, found that the Board did not adequately consider the Veteran’s long career in fields involving heavy labor.  The Veteran was no longer physically able to perform heavy labor jobs.  The Court found that the Board erred when it failed to adequately consider the Veteran’s training and experience as a laborer before denying individual unemployability benefits.

The Board improperly denied individual unemployability benefits

In addition, the Court reminded the Board that this error was already identified in a July 2015 Joint Motion for Partial Remand.  Because the Board committed the same error again, it also failed to ensure substantial compliance with the prior remand order.  The CAVC set aside the Board’s decision and remanded the case for further proceedings.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins