I have some interesting topics to discuss about Total Disability due to Individual Unemployability or TDIU. There seems to continue to be some misunderstandings about how this works-especially where it applies to Special Monthly Compensation at the S rate.
Put it on your calendar. Two days hence, at the magic hour of 1900 Hrs on the (L)east coast but 1600 hrs on the Left Coast we will commence txmission.
I see several different pathways to listening. The older method works, I know. That is the timeworn:
347-237-4819 (push #1 to talk to us)
Or the new way, if just to listen, go to Hadit.com here, click on the broadcast link and listen:
P.S. The subject on Thursday will deal with the problem we see in very old regulations. VA uses the wrong legal standard of review. Once a disease entity is identified and diagnosed, you have service connection. If you ever see the words “acute, treated and resolved before separation” accompanying a denial, you almost always have a CUE Winner. See this attached:
I’ve been puzzling this since I met Malcolm in the Middle in about 2009 or 10. He went all the way up to the Federal Circuit with this and got his remand back to Fort Sam Fumble- but only for service connection in 2001-not 1991. Since then, we decided to develop it as a CUE to obtain SC in 1991 as it should be.
We began this one in 2017 with a new CUE filing for earlier effective date. I had Malcolm get his mother, a Registered Nurse, to recall his medical state and opine on same when he was discharged on 8/01/1991. Her letter was notarized to ensure it’s submission into evidence later. Sadly, she passed away years ago as we continued to sharpen our VA punji sticks. I just received notice we have been granted our long awaited Legacy Travel Board hearing before Veterans Law Judge Michael E. Kilcoyne. Judge Kilcoyne has been at the BVA since ten years before God was born. He began getting Acting Member gigs in 1998 and got his wings in January 2004.
This is most excellent. Judge Kilcoyne was a staff attorney at the time Malcolm was rated. He’s more than acquainted with the contemporary CAVC jurisprudence at the time. He has an intimate knowledge of what we are going to argue. The last thing I need is a wet-behind-the-ears VLJ who is going to lean hard on his own staff attorneys for a decision.