Werner Hoffman Greig & Garcia secured a major victory for our client at the U.S. Court of Appeals for Veterans Claims. The Court granted a Joint Motion for Remand after VA agreed with us that the decision contained error. This action vacated a deeply flawed Board of Veterans’ Appeals ruling that denied TDIU benefits.
Background: A Repeated Fight for TDIU
Our client, a U.S. Navy veteran, sought a total disability rating based on individual unemployability (TDIU). The claim covered April 2016 through December 2020. The Board had denied this claim multiple times over several years. The Court had previously remanded the case in October 2024 after finding the Board’s reasoning inadequate.
The Board Repeated Prior Errors
Despite clear instructions from the Court, we argued that the Board’s July 2025 decision repeated the same fundamental mistakes. The Board speculated about jobs our client could supposedly perform without citing evidence or common knowledge. It invoked unsupported “common sense” to claim sleepiness affects long-term concentration but not short-term concentration. No medical evidence supported this distinction.
The Board also ignored critical evidence of our client’s severe sleep impairment. Medical records documented that our client slept only three hours at night. Our client then needed to nap on and off throughout the day. The Board never explained how someone with this sleep pattern could maintain employment.
Speculative and Contradictory Job Suggestions
The Board suggested our client could work as a courier, rideshare driver, security guard, or factory worker. Each suggestion directly contradicted the Board’s own findings about our client’s functional limitations. The Board conceded our client required minimal interpersonal contact. Yet it proposed rideshare driving, which demands constant interaction with passengers in close quarters.
The Board also characterized security work as requiring only short-term concentration. Anyone understands that a security guard must maintain sustained attention throughout an eight-hour shift. The Board offered no evidence to support any of these speculative employment findings.
The Secretary Agreed to Remand
The Secretary of Veterans Affairs acknowledged the Board committed an error and agreed to remand the case. The Court granted the Joint Motion, vacating the Board’s decision and ordering a new adjudication. On remand, the Board must properly address the evidence and comply with all prior instructions.
What This Means for Our Client
This victory ensures our client finally receives a fair, evidence-based evaluation of employability. Our firm fights to hold the Board accountable when it substitutes speculation for proper analysis. Veterans deserve thorough and honest decisions on their disability claims.
