Remanded (sent back)
The Board remands the claims regarding the propriety of the discontinuance of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) and the intertwined issue of DEA discontinuance, as there was a pre-decisional failure to satisfy a regulatory duty by determining whether the Veteran's employment was actually substantially gainful.
The deciding factor: The RO failed to consider or address the argument that the employment was marginal, which is necessary for adjudicating the discontinuance of TDIU based on fraud.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2025
- Citation
- A25093102
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