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Board of Veterans' Appeals · Legacy series

Entitlement to total disability based on individual unemployability (TDIU) is granted from September 1, 2008, to May 20, 2015.

January 30, 2026Citation Nr. 26001405Docket 09-07 257va.gov source

  • Total disability based on individual unemployability (TDIU)Granted

Board reasoning

The Board finds that the Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment from September 1, 2008, through May 20, 2015. The Board weighs the Veteran's hearing testimony, medical examinations, and work history, noting that prolonged sitting and physical limitations from knee/hip problems and comorbidities severely restricted employability, including sedentary desk work, while still allowing for education achievements that do not negate the overall impairment. The evidence is at least in approximate balance in showing unemployability during the period on appeal, and thus the benefit is granted under 38 C.F.R. § 4.16(a) with consideration of Rice v. Shinseki and related case law in determining entitlement and period.”

Issues

  • Total disability based on individual unemployability (TDIU)Granted

Authorities

  • Rice v. Shinseki, 22 Vet. App. 447Established that TDIU claim may be raised in appeal and shares appeal period with underlying rating.
  • Ray v. Wilkie, 31 Vet. App. 58Cited in discussing economic vs non-economic components of employability.
  • Geib v. Shinseki, 733 F.3d 1350Addresses that determination of ability to perform work is not medical but adjudicatory.
  • Cantrell v. Shulkin, 28 Vet. App. 382Explains protected environment concept in TDIU.
  • Withers v. Wilkie, 30 Vet. App. 139Discusses interpretation of sedentary work in exam reports.
  • Ortiz-Valles v. McDonald, 28 Vet. App. 6Explains marginal employment criteria for TDIU.

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.