The Federal Circuit Court awarded Total Disability Individual Unemployability (TDIU) benefits for two veterans who previously had their claims denied by the VA. Decided late 2013, both of these cases involved veterans with multiple service-connected disabilities as the basis for their claims.
The Federal Circuit Court (Court), in the cases of Geib v. Shinseki, 733 F.3d 1350 (Fed.Cir. 2013) and Floore v. Shineski, 26 Vet.App 376 (2013), decided that the VA medical experts failed to consider the combined effects of multiple service-connected disabilities and reversed unfavorable decisions made by the Department of Veterans Affairs (VA). The Court determined that the VA, and their medical experts, had considered the veteran’s disabilities separately without recognizing that multiple disabilities, suffered in conjunction with one another, may prevent a veteran from maintaining gainful employment.
To summarize, the Court made clear that when the VA is deciding upon a TDIU benefit claim based on multiple service-connected disabilities the VA is to consider combined functional impairment. This type of TDIU application is so complicated the Court has also indicated that the VA is to regard each of these claims on a case-by-case basis.
It is difficult to gain approval for any TDIU claim from the VA. And when the TDIU claim is based on multiple disabilities it is an especially complicated decision for the VA to make. Our law firm has the resources to offer counsel to you if your multiple service-connected disabilities have caused you to be unemployable and if you have not received a favorable TDIU award from the VA.
Please call our office for more information, (877) 629-1712.