Your denial without mention of TDIU is a clear procedural error by the VA, likely constituting a failure to adjudicate a reasonably raised claim, which you must now appeal. Under 38 CFR 3.155(d) and 38 CFR 3.321(b), the VA has a duty to sympathetically develop and adjudicate any claim reasonably raised by the evidence, including TDIU when a veteran submits Form 21-8940 and evidence of unemployability, as you have. The VA's complete omission of TDIU in the decision rationale violates this duty, as established in *Roberson v. Principi*, which holds that a TDIU claim is a separate claim for benefits requiring a distinct adjudication. Your immediate actionable step is to file a Notice of Disagreement (NOD) to initiate a Higher-Level Review or Board Appeal, specifically arguing the VA's failure to comply with its duty to assist under 38 CFR 3.103 and to adjudicate the TDIU claim. In your appeal, cite the submitted forms and lay statements, reference your unemployment since 2018/19, and demand a formal TDIU assessment, which includes applying the criteria under 38 CFR 4.16 and obtaining a vocational assessment if necessary. If the denial persists, you may need to argue, per *DeLuca v. Brown*, that the VA failed to provide an adequate examination addressing your ability to perform physical and mental requirements of employment.
*Disclaimer: This information is for educational purposes regarding VA procedures and is not legal or medical advice. For personal guidance on your claim, consult an accredited VA attorney or claims agent.*
Need a deeper analysis?
Our AI analyzes your specific situation against thousands of BVA decisions.
Analyze Your Claim Free