HOA T. JANICH v. DOUGLAS A. COLLINS, SECRETARY OF VETERANS AFFAIRS 2024-1944
The Federal Circuit vacated the Veterans Court's decision and remanded the case because the lower court may have applied an incorrect legal standard regarding harmless error in a Total Disability based on Individual Unemployability claim. The appellate court held that the Veterans Court erred by assuming that a Board's identification of illustrative jobs is automatically harmless if the Board is not required to survey the actual job market.