BVA Failed To Ensure VA Doctor Considered Combined Impact Of His Disabilities On His Ability To Work

BVA Failed To Ensure VA Doctor Considered Combined Impact Of His Disabilities On His Ability To Work

CCK appealed the Board’s denial of a total disability rating based on individual unemployability (“TDIU”). The Court agreed that remand was warranted because the prior BVA remand was issued for a VA examiner to discuss whether the Veteran’s PTSD and tinnitus, when considered together, rendered him unable to secure and follow a substantially gainful occupation. Yet in its decision on appeal, the VA opinions of record did not discuss how the Veteran’s PTSD and tinnitus, when considered together, impacted his employability. Therefore, the Court agreed that remand was warranted.

Category: Veterans Law, Court Wins