Chisholm Chisholm & Kilpatrick Secures Landmark Veterans Court Ruling Overturning 24-Year Barrier to Unemployability Benefits

Court Strikes Down Bowling v. Principi, Expanding the Board of Veterans' Appeals' Power to Grant Total Disability Benefits

WASHINGTON, Nov. 14, 2025 /PRNewswire/ -- In a sweeping victory for veterans across the country, the U.S. Court of Appeals for Veterans Claims (CAVC) has overturned more than two decades of precedent that restricted how veterans could qualify for total disability benefits. The decision in Witkowski v. Collins argued by April M. Donahower of Chisholm Chisholm & Kilpatrick LTD (CCK Law) removes a long-standing procedural roadblock and ensures faster, fairer access to benefits for veterans whose service-connected disabilities prevent them from working.

For 24 years, a 2001 decision known as Bowling v. Principi required the Board of Veterans' Appeals (BVA) to refer certain Total Disability based on Individual Unemployability (TDIU) cases to the VA's Director of Compensation Service before deciding them. This "referral rule" caused significant delays and unnecessary administrative hurdles for veterans seeking benefits.

In its October 21, 2025, ruling, the Court explicitly overruled Bowling v. Principi, holding that the BVA now has full authority to grant TDIU benefits directly without referral. The Court found that the old rule improperly restricted the Board's jurisdiction and conflicted with intervening Supreme Court precedent.

"This decision is a critical step toward a fairer process," said April Donahower, attorney at CCK Law and counsel for Navy veteran James Martin Witkowski, the appellant in the case. "Veterans who are unable to work because of their service-connected disabilities will finally have their cases heard more efficiently and without unnecessary delay. It's a critical step toward a fairer process."

"Because of old VA laws there were restrictions on how far back in time they would go to start my disability compensation for my hearing aids. But, Chisholm, Chisholm & Kilpatrick came to defend my rights as a veteran, and now the old law has been changed. I am so grateful for their help," said James Martin Witkowski.

CCK Law Partner Zachary Stolz praised the Court's ruling as a historic advance in veterans' rights:

"For too long, this outdated rule trapped veterans in procedural limbo. The Court's decision restores fairness and efficiency to the system and ensures that deserving veterans can receive the benefits they've earned without needless red tape."

The Witkowski decision is expected to impact thousands of pending and future appeals, streamlining the TDIU process and reducing wait times for veterans seeking full disability benefits.

About Chisholm Chisholm & Kilpatrick LTD
For 26 years, CCK Law has been a leading public interest law firm, with offices now in Providence, Rhode Island, Atlanta, Georgia, and San Antonio and Houston, Texas. They serve clients across the nation, focusing on veterans disability compensation, bequest management, and long-term disability insurance claims. Since 1999, CCK Law has represented thousands of veterans and family members before the VA and the U.S. Court of Appeals for Veterans Claims. CCK Law has the most VA-accredited attorneys, practitioners, and claims agents of any law firm in the United States. The firm has been involved in legislative processes and landmark, precedent-setting cases that have benefited the entire veterans' community. More information is available at https://cck-law.com.

Media Contact
Chelsea DeCesare, Half Street Group (for CCK Law)
401.286.9037 | [email protected]

SOURCE Chisholm Chisholm & Kilpatrick LTD