Ray v. Wilkie

31 Vet. App. 58 (2019)

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Ray v. Wilkie

United States Court of Appeals for the Federal Circuit
31 Vet. App. 58 (2019)

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  • Written by Sarah Hoffman, JD

Facts

Eddie D. Ray (plaintiff) filed a claim for service-connected total disability based on individual unemployability (TDIU) under 38 C.F.R. § 4.16(b). The Department of Veterans Affairs (VA) (defendant) found that Ray was able to be employed in a sedentary occupation but that Ray’s education and occupational background was inconsistent with the ability to obtain a sedentary job. The Board of Veterans’ Appeals (the board) referred Ray’s claim to the director of compensation service for extraschedular consideration under § 4.16(b). The director denied Ray a TDIU rating. The board subsequently denied Ray an extraschedular TDIU rating, stating that Ray was not “unable to secure and follow a substantially gainful occupation,” consistent with Ray’s education and training, because of a disability. The board did not define what “unable to secure and follow a substantially gainful occupation” meant. Ray appealed.

Rule of Law

Issue

Holding and Reasoning (Allen, J.)

Concurrence (Toth, J.)

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Casebooks

Military Law

Key Terms

  • Service-Connected DisabilityA disability incurred during or as a result of military service. Having a service-connected disability is a prerequisite for many veterans’ benefits.

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