CAVC Case: Are TDIU Effective Dates Preserved?

In this episode of CCK Live, we discuss a Court of Appeals for Veterans Claims case, Phillips vs. McDonough, and its implications for VA claims concerning Total Disability Individual Unemployability (TDIU) and VA effective dates. This discussion stems from an oral argument CCK participated in on January 10th.

Key Discussion Points:

Case Overview: The primary concern in Phillips vs. McDonough is about a veteran's entitlement to a TDIU effective date potentially extending back to 2002, as opposed to the 2020 date assigned by the Board of Veterans Appeals.

Veteran-Friendly Rules in Question: Explore the debate over whether the Appeals Modernization Act (AMA) overrides veteran-friendly rules established in Rice vs. Shinseki, particularly regarding the effective date of TDIU awards.

Role of VA Forms: The influence of VA Form 21-8940 on claim streams and whether this form initiates a new claim, separate from underlying increased rating claims.

Implications for Veterans and VA System: Discuss the broader implications if the court sides with CCK or VA, focusing on the clarity of claim adjudication and the efficiency of the VA's system.

How Does the Court of Appeals for Veterans Claims Work? https://cck-law.com/blog/what-is-the-...

See CCK's Veterans' Court Wins: https://cck-law.com/blog/?search_tax=...

Learn More About Us: https://cck-law.com/why-hire-cck-for-...

Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos. Visit our website at cck-law.com or call (888) 559-1385.

0:00 Introduction
0:20 What’s at Issue in Phillips v McDonough?
1:12 What are the veteran-friendly TDIU rules in question?
2:00 Next veteran-friendly rule at hand: VA Form-8940
2:37 How did this case get to the oral argument stage?
3:06 Why did VA disagree with the CAVC decision?
3:30 What did VA argue?
4:29 What did CCK argue? What would happen if the veteran client won?
4:57 What if VA Wins? What Changes?