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 and April Donahoe. We are here today to talk with you very briefly about a precedential case that was handed down just a couple of days ago. It is called Ray v. Will Keith. This case involves very important questions revolving around total disability based on individual unemployability, which is a commonly sought means of VA compensation by some of the more severely disabled veterans in our country. We are going to talk very briefly about what this case is. It is an extraordinarily important holding. The court has articulated a new interpretation of the regulation that pertains to Total Disability Individual Unemployability (TDIU). This decision provides some clarity to the Department of Veterans Affairs. We are going to walk through a little bit of what it means. However, bear with us because this decision just came out a couple of days ago, and we don't have a complete understanding of how it will play out in real life. But in the coming weeks, months, and years, we will learn more about its implications. You can also read this decision at CCK-law.com. There is a link to the oral argument conducted by partner Barbara Cook. This is a CCK case, done in partnership with the Disabled American Veterans at the Court of Appeals for Veterans Claims. Now, let's dive into what the case was all about. For years, the Department of Veterans Affairs has not provided a full definition of the language in the regulation. The regulation states that a veteran is entitled to a 100 percent rating, essentially a total disability rating, if they are unable to secure or follow a substantially gainful occupation. The meaning of...
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Disability Benefits, and How can VA pay IU to Veterans? Feb 10, 2024 — Veterans and service-disabled veteran survivors are eligible for 100 percent GI Bill benefits based on disability. Apr 4, 2024 — GI Bill benefits increase. In general, GI Bill benefits increase as your years of eligibility have increased. In the case of disability, when your service-connected disability begins, your eligible percentage increases to 100 percent. In the case of other health, educational and living expenses, your eligible percentage will equal 80 percent if you're already receiving 100 percent GI Bill benefits, but your eligibility is otherwise the same. May 8, 2024 — Under current law, veterans and veterans, including those who are receiving a post-9/11 GI Bill, may continue to receive 100 percent GI Bill benefits as long as they have an active enrollment in their college or university. You may continue to receive IU benefits under current law regardless of your enrollment status. Your enrollment in your college or university may still change if you do not enroll in four consecutive semesters of college in that year. Jun 8, 2024 — When you can begin receiving 100 percent GI Bill benefits. The policy governing when veterans and service-disabled veteran survivors can resume contributions to the post-9/11 GI Bill begins to supersede the policy governing when IU benefits start. After you reach 65-years old, the policy governing participation in the post-9/11 GI Bill ends. When the policy governing participation ends, you are no long, but you lose your entitlement for 100 percent GI Bill benefits until your eligibility is restored by getting your previously calculated IU percentage increased. However, it is possible to get your IU percentages increased once you enroll in your college in the first two semesters of a graduate or professional school's tuition payment period. After making four semesters of graduate tuition, your eligibility begins again. But, you also lose your entitlement to 100 percent GI Bill benefits until your eligibility is restored by using the percentage calculations. Apr 26, 2024 — The Department of Veterans Affairs announces the first of its two-part new GI Bill enrollment plan will be activated: the “Re-enroll in College through the GI Bill” pilot program, effective for new undergraduate students beginning September 14, 2018.
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