resolve this but I am grateful that he kept the fight going so
along. So, more case CCK case win summaries can be found on
veteran back in the position that he should have been all
that we were ultimately able to get involved and and put this
effective back in 199-seven. So, not only does he no longer
our website. Thanks so much for tuning in. Be sure to check out
to the briefing that the VA attorney reviewed and
for this really deserving veteran. Um I'm only sorry that
they stopped paying him. So, this was a really good outcome
for everything they withheld starting in 2006 when they when
TDIU benefits and so his one hundred percent rating
terrible decision that the board should never have done
it took him, it took 13 years to resolve this, 14 years to
this argument in an informal memorandum and conference prior
was working now and making a substantially gainful income.
owe owe the the VA any money but they also have to pay him
longer exist the board was raw to just take the regional
they say in two thousand and six, we're going to terminate
office's word and terminate this guy's TDIU. Um so we made
also where's this evidence that the VA relied on to say that he
The board can't just say we believe the regional office
TDIU. They said we're going to terminate it effective nineteen
regional or excuse me the board has to actually review that
a judge to decide the case but not this one. We had a
the fact that number one, it's totally illegal for VA to
this and that this veteran was entitled to restoration of his
pre-briefing conference with the VA attorney, we laid out
automatically immediately agreed with us that this was a
money at stake. We end up having to draft briefs and get
going to owe us all this money. So, we argue not only is that
ninety-six. So, 10 years prior and now, this veteran is
a complicated issue or you know sometimes when there's a lot of
Board of Veterans Appeals decided the termination of TDIU
to court. Um and in this particular usually when we have
substantially gainful income then we believe him and so the
10 years retroactive was right. So obviously we took that case
evidence and make its own decision about whether it shows
what the regional office said and since that evidence no
that that's what this evidence said at one point like that the
completely illegal, you can't do that under the statute but
retroactively terminate TDIU because remember, not only did
no longer in the in the claims file and we don't really know
what happened to it but if the regional office said it was
there and said what it that he was working and getting a
he was working and making a substantially gainful income is
so in 2006 is when the VA terminated the benefit and now
receiving an income was no longer in the claims file.
final board decision. The board decision says yes the regional
had been giving him and the board said it's true that the
office was correct to terminate TDIU benefits, effective 1996,
was never actually recovered. So fast forward 14 years later
we're in November 2020 and the veteran comes to us with the
whatever evidence the regional office had relied on in 2006 to
Nobody knows what happened to it but we do know that it was
not in the claims file when it got up to board the board and
evidence that the Regional Office relied on to find that
so, you know to take back the 10 years of payment that they
find that the veteran had actually been working and
and the board kept remanding it because low and behold,
the regional offices decision and appealed determination of
thankfully, this veteran filed a notice of disagreement with
10 years prior and that created a debt because now they were
the TDIU and it got all the way up to the board several times
we paid you that we shouldn't have been. Luckily, and
also saying we paid you at the 100% level from since 1996 and
we shouldn't have been. So now you owe us all the money that
terminate the TDIU effective nineteen ninety-six. So, like
his monthly checks would be a little bit less than they were
work in two thousand and6. They also decided that he had been
to a lower schedule scheduler rating which would mean that
able to work since nineteen 96. So, they decided to to
but not only did they decide that he was no longer unable to
go from being rated 100% based on an inability work back down
terminate the TDIU benefits so that would mean that he would
connected disabilities they allegedly had found some
then in 2006 the the VA determined that the veteran was
no longer unable to work because of his service
unemployability in the early 1990s because the VA had
information that indicated that the veteran was in fact working
and receiving an income and therefore they proposed to
Disabilities rendered him unable to work essentially but
determined at that time that the Veterans Service Connected
at the US Court of Appeals for Veterans Claims. This Vietnam
Chisholm in Kilpatrick and today, I have an exciting story
Hey, everyone. Amy Odom here from the court team at Chisholm
Veterans had been awarded total disability based on individual
to share with you about a case that we've recently worked on
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