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Good morning coming to you from Providence Rhode Island this is Zach stalls with Chism Chism and Kilpatrick joining me are my colleagues Brad Hennings in April Donahoe and we are here today to talk with you very briefly about a precedential case that was handed down just a couple days ago it is called ray versus will Keith it involves very important questions revolving around total disability based on individual unemployability which they very commonly sought means of VA compensation by some of the more severely disabled veterans in our country we're going to talk just very briefly about what it is it is an extraordinarily important holding the court has articulated some a new interpretation of the way the regulation that pertains to TDI you reads it has provided some clarity to the Department of Veterans Affairs and we're gonna kind of walk through a little bit of what it means again this decision just came out a couple days ago so bear with us we don't have it entirely expertly you know did down to a science of how this is gonna play out in real life because it hasn't yet but it will in the coming weeks and months and years so we'll talk a little bit about it today you will also be able to read this decision at CCK - law.com there is a link to the oral argument there it was done by partner in this firm Barbara cook this is a CCK case and it was done in our partnership at the with the disabled american veterans at the Court of Appeals for veterans claims so with that let's get into what the case was all about basically for years the Department of Veterans Affairs has not fully defined the language of the regulation which says that a veteran is entitled to a hundred percent rating essentially a total disability rating if he or she is unable to secure or follow a substantially gainful occupation not necessarily sure what all those words mean together and so I'll read to you briefly from what the Court of Appeals for veterans claims recently said about it judge Allen writing the majority decision in the case and then April who handled the case at the pleading stage for our firm is going to talk a little bit about what she was doing in in that process and Brad is gonna talk a little bit about kind of the practical effects and what the court really articulated is the standard so to set up the issue here is what the court wrote the language of section 4.1 6b that is the regulatory section that deals with total disability based on individual unemployability is ambiguous the regulation instructs that all veterans who are unable to secure and follow a substantially gainful occupation because of their service-connected disabilities will be rated totally disabled without defining what either a substantially gainful occupation is or what it means to.

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