We secured a meaningful win for our client at the Court of Appeals for Veterans Claims (CAVC). The case resolved through a Joint Motion for Remand (JMR). The government agreed with our position on key legal errors. The Court granted the JMR and sent the case back.
What the Case Involved
The Board denied an earlier effective date for TDIU. The Board refused to award a date before April 24, 2019. Our client sought an effective date that reflected earlier evidence of their inability to secure substantially gainful employment because of their service-connected conditions.
Why the Government Agreed to a Remand
The parties identified a reasons-or-bases error under 38 U.S.C. § 7104(d)(1). The Board failed to address material evidence of unemployability before April 2019. VA agreed with our position that the Board failed to address crucial evidence. Our client submitted detailed statements describing the severity of his conditions. He explained that severe migraines forced him to miss work frequently.
Additionally, the veteran’s spouse provided a statement supporting his claim. She described him lying in a dark room for hours during headaches. She also detailed his severe asthma attacks. The Board did not discuss this favorable lay evidence in its decision. This omission constituted a clear legal error.
What This Means for Our Client
The Court vacated the Board’s flawed decision. The case now returns to the Board for a new adjudication. The Board must critically examine the lay evidence regarding the veteran’s unemployability. This remand keeps the fight alive for an earlier TDIU effective date. We will continue advocating for our client to ensure he receives the full benefits he earned.
