Army veteran wins appeal for Total Disability rating based on Individual Unemployability (TDIU) for service-connected disabilities

Client(s) E.C.

Jones Day achieved a successful outcome on appeal at the Board of Veterans' Appeals for pro bono client E.C., a United States Army veteran who was previously denied a Total Disability rating based on Individual Unemployability (TDIU) due to service-connected disabilities. E.C. was severely wounded in a knife attack during his service, resulting in physical and mental injuries that have plagued him throughout his life. The appeal challenged an unfavorable January 2017 rating decision issued by a Department of Veterans Affairs Regional Office. Initially, the Board denied the claim on appeal in May 2023, but in July 2024, the United States Court of Appeals for Veterans Claims vacated that decision following a Joint Motion for Remand, citing an inadequate explanation for the denial. Jones Day succeeded on appeal. In November 2024, the Board resolved all reasonable doubt in E.C.'s favor and determined that he is entitled to a TDIU for his service-connected disabilities. This decision ensures that E.C.'s disabilities are properly recognized and compensated in accordance with the law.