Werner Hoffman Greig & Garcia recently secured another win at the U.S. Court of Appeals for Veterans Claims (CAVC). VA agreed with our position and joined us in a Joint Motion for Partial Remand to send back to the Board our client’s claim for a cervical spine condition and a claim of entitlement to TDIU.
What the Board Got Wrong
The Board denied our client two important benefits in its May 2025 decision. First, it denied a higher disability rating for service-connected degenerative disc disease of the cervical spine. Second, it denied total disability based on individual unemployability (TDIU) on an extraschedular basis before June 2014. Our firm identified critical legal errors in the Board’s reasoning on both issues.
The Board Failed to Independently Review TDIU Evidence
Our client served honorably in the U.S. Army and had not worked since November 2011. Multiple service-connected disabilities caused significant functional limitations throughout the relevant period. Despite this evidence, the Board simply deferred to an April 2025 administrative review that denied extraschedular TDIU. It labeled those findings “highly probative” without performing its own independent analysis.
Under Ray v. Wilkie and Wages v. McDonald, the Board must review the entire record de novo. The Board cannot treat a director’s denial as dispositive. By failing to weigh the evidence independently, the Board violated its duty to provide our client a reasoned explanation for its decision.
The Board Relied on a Contradicted Medical Examination
The Board also relied on a February 2015 VA examination that found a “normal cervical spine without disability.” That examiner never identified which imaging studies supported this conclusion. Critically, a February 2012 VA examiner had already diagnosed degenerative disc disease. The 2012 diagnosis rested on radiology showing “some uncovertebral joint spurring” at C5-6 and C6-7. The Board never addressed this direct contradiction between the two examinations. This failure undermined the adequacy of the Board’s decision on the cervical spine rating.
What This Victory Means
The Board must now readjudicate both claims with a proper independent review of the record. Our client can submit additional evidence and argument during the remand proceedings. The Board must provide adequate reasons or bases for any future decision. This outcome ensures our client receives the fair evaluation the law demands.
Did the VA deny or underrate your disability claim? Contact Werner Hoffman Greig & Garcia today. Our experienced veterans disability attorneys fight to secure the benefits you earned through your service.
