February 2019 Monthly Brief

21 February 2019 Greetings!

In This Issue:

New Developments in Veterans Law USCAVC Judicial Conference USCAVC Outreach via the American Bankruptcy Institute TVC Volunteer Inspiring Pro BonoSM (VIP) - Jon Hollis, Partner, Loeb & Loeb LLP Winterhaven Recap Executive Director's Corner Notable News

​New Developments in Veterans Law

Judy Donegan, Esq. TVC Director of Litigation & Case Management These are exciting times in Veterans Law, with many changes occurring simultaneously. Here are just a few examples:

Upcoming Supreme Court Argument. At the end of last year, the United States Supreme Court granted a Writ of Certiorari to consider the case of Kisor v.

Wilkie. Kisor, a Marine Corps veteran of the Vietnam War, sought disability benefits from VA for post-traumatic stress. VA initially denied him but after he submitted additional documentation that was not available in 1982, including his service record, VA granted benefits. His appeal involves the proper effective date.

The issues before the Supreme Court are whether it should overrule Auer v.

Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.

Argument is set for 27 March 2019.

Haas v. Peake Overturned. The United States Court of Appeals for the Federal Circuit sitting en banc overturned Haas v. Peake. This opens the door for Blue Water Navy veterans who have historically been excluded from the presumption of exposure to Agent Orange for service in the waters offshore the Republic of Vietnam. However, there is a serious possibility that the Solicitor General will seek certiorari in Procopio.

New USCAVC Misc. Order. The United States Court of Appeals for Veterans Claims issued Misc. Order 04-19, proposing revisions to U.S. Vet. App. Rule 4 regarding timeliness of appeals. The Order was issued on 29 Januar y 2019, and the Court remains open to public comments until 28 Februar y 2019.

Among other things, the proposed revisions clarify that “good cause or excusable neglect” may be considered under certain circumstances regarding equitable tolling of the time for filing an appeal from a final Board decision.

The Appeals Modernization Act (AMA). The new AMA became effective 19 February 2019. The Final Rule brings sweeping change to the way veterans’ appeals are processed and decided. Our TVC team will keep you advised of important developments that may impact CAVC cases.

If you have any questions about any of these, please do not hesitate to contact us. Another great opportunity to learn about the latest developments in veterans law is the US Court of Appeals for Veterans Claims 14th Judicial Conference, 11 – 12 April 2019 in Washington, DC (see below).

United States Court of Appeals for Veterans Claims (USCAVC) Judicial Conference The United States Court of Appeals for Veterans Claims (USCAVC) 14th Judicial Conference will take place 11–12 April 2019 at the National Press Club in Washington, D.C. This year's Conference theme is “Celebrating 30 Years”. The program will focus on the changing landscape of veterans law and will offer sessions that appeal to all who practice or have an interest in veterans law.

For more information or to register click here: CLICK HERE

TVC Co-Presents Pro Bono Opportunities at American Bankruptcy Institute Seminar Tampa, Florida

Left to right: Ed Glabus (TVC), Chief Judge Robert N. Davis (USCAVC), Prof. Stacey-Rae Simcox (Stetson), and Keith Appleby, Esq. (Banker Lopez Gassler)

TVC was honored to be asked by Chief Judge Robert N. Davis of the U.S. Court of Appeals for Veterans Claims, to co-present at the 43rd Annual Alexander L. Paskay Memorial Bankruptcy Seminar hosted by the American Bankruptcy Institute and Stetson University College of Law. This event provided a focused outreach opportunity to raise attorney awareness of veterans’ legal issues and generate interest in volunteering their time and talent.

Ed Glabus, TVC’s Executive Director, and Professor Stacey-Rae Simcox, Director of Stetson University College of Law's Veterans Law Institute and Veterans Advocacy Clinic, co-presented a session with Chief Judge Davis on pro bono opportunities to represent veterans.

Chief Judge Davis delivered remarks on the twin topics of the USCAVC and veterans law. Ed focused on National opportunities to serve, especially representing veterans before the CAVC via the federal Veterans Pro Bono Program and upgrading “bad paper” discharges received by veterans impacted

by Post-Traumatic Stress Disorder and Traumatic Brain Injuries via our TVC Discharge Upgrade Program℠. Stacey-Rae concentrated on State and Local opportunities to serve, including organizations such as Stetson’s Institute and Clinic, as well as other legal aid organizations.

TVC Volunteer Inspiring Pro BonoSM (VIP)

Jon Hollis, Esq. Partner, Loeb & Loeb LLP TVC National Volunteer Corps℠ ℠

Jon Hollis has plans. He’s always thinking ahead to what’s next. He spends little time basking in accomplishments or being happy with the status quo. So when Hollis, a litigator for Loeb & Loeb LLP, began helping veterans navigate the Veterans Administration (VA) system to help them receive the benefits they deserve, he was naturally already thinking about what was next.

As a first-year associate, Hollis approached Loeb’s partners with his desire to develop a Veterans Assistance Project for the firm. Gaining their approval, Hollis began handling pro bono cases before the VA and later began working with The Veterans Consortium (TVC). To encourage greater involvement within the firm, and the New York area in general, Hollis looked for a way to help get as many attorneys as possible trained by TVC without having to travel to a training site. Working with TVC, Hollis, 42, was able to set up a video conference for a training that was being held last June in Boston. In addition to the Loeb attorneys who participated, the firm opened its doors to any other New York area attorneys interested.

For his extraordinary dedication and going the extra mile on behalf of veterans, Jon Hollis has been selected as The Veterans Consortium Volunteer Inspiring Pro Bono (VIP) for February 2019.

“Jon is one of those shining stars, so easy to work with, always forward thinking and looking for how he can help,” says Courtney Smith, Director of Outreach & Education for TVC. “When one of our trainers unexpectedly couldn’t get to Boston, Jon even arranged for him to use his firm’s Washington, DC office to video-record his portion of the training. That’s dedication.”

Originally from West Tennessee, Hollis didn’t grow up in a military family, although his grandfathers both served in World War II and his stepfather was drafted and served one tour during the Vietnam War. Hollis joined the ROTC program at William & Mary and especially enjoyed Airborne School in Ft. Benning, GA, where he qualified as an Army paratrooper.

"I kind of fell in love with it," says Hollis, who went on to servce in the U.S. Army from 1998 to 2005. He served three years with the elite 1st Battalion, 75th Ranger Regiment, including four deployments to Iraq and Afghanistan.

When he left the Army, Hollis was off to law school, where he earned a juris doctor from Benjamin N. Cardozo School of Law. He began working at Loeb & Loeb in New York City and started taking on pro bono cases helping veterans.

“Involvement in the military has been one of the most positive things in my life,” Hollis says. “I wanted to give back and work with a community I had a connection with.”

In his free time, Hollis, who is now located in the Washington, D.C. office of Loeb & Loeb, enjoys spending time with his wife and three young children ages 5, 3 and 9 months. They recently moved to Midlothian, VA. Hollis is also busy tackling another new project regarding the mental health crisis facing veterans of U.S. Special Operations Forces.

“I am profoundly and deeply concerned,” Hollis says. “My plan is to try and help address this.

His first order of business was penning an op-ed piece that recently ran in Military Times, which can be found here.

TVC Supports the 2019 ​Winterhaven Homeless Veterans Stand Down

(Left to right from Duane Morris: Chris Tyson, Rebecca Bazan and Heidi Lunasin, Samantha Stiltner (TVC), and Katharine McGee)

Hundreds of veterans came through the doors of the DC VA Medical Center (DC VAMC) for a full day of services at the annual Winterhaven Homeless Veterans Stand Down on Saturday, 26 January 2019.

Services included: health screenings, housing and employment counseling, substance abuse, psycho-social services, dental exams, and legal support. TVC greeted veterans at our outreach and resource table and operated a Pro Bono Legal Clinic throughout the day. Several TVC staff have volunteered individually at this event over the years, and 2019 marks the third year in a row that TVC staff have performed their personal pro bono service together at the event as a participating organization, coordinated by Staff Attorney & Program Manager Samantha Stiltner.

We want to thank the tireless members of our TVC National Volunteer Corps℠ from Duane Morris, who came out in force to support this effort. Some of them traveled from the Headquarters office in Philadelphia to lend their support. Our volunteers at Duane Morris are a perfect example of the quality and dedication of our TVC National Volunteers Corps℠.

We can’t thank them enough for their service to Veterans and their loved ones.

The Executive Director's Corner This month we celebrate National African American Histor y Month, also known as Black Histor y Month, and reflect on the great many contributions of Black Americans to our nation and to our Armed Forces.

Dating all the way back to the American Revolution, Black Americans have honorably answered the call to duty, serving with great valor and distinction in America’s armed forces.

This month, and indeed ever y month, we honor the sacrifice and dedication of Black Americans in our military throughout our country’s history and today.

Ed Glabus TVC Executive Director

We owe it to them, and to all Americans, to honor those who served by providing the best legal services, free of charge, to meet their challenges.

Such work can only be done by the men and women who comprise our TVC National Volunteer Corps℠ and the Mission Partners who support our program.

Please join us on Tuesday, 9 April 2019 for our TVC Volunteer and Mission Partner Appreciation Reception to thank them for the important work they do.

This informal, annual event is an opportunity for us to gather to thank our TVC National Volunteer Corps ℠ members and our many mission partners who support our work. Details to follow soon, and we hope to see you there!

TVC EXTERNSHIP OPPORTUNITIES! TVC is seeking an extern to help us win federal appeals cases for our clients. This includes helping with military discharge upgrades ("bad paper" discharges) and assisting with determination of final outcomes of client cases. Externs will receive academic credit.

The

extern

will

support

full-time staff

attorneys, volunteer attorneys, and clients who appeal to, or receive a remand from the U.S. Court of Appeals for Veterans Claims, the Federal Circuit, and the Supreme Court. The selected extern will assist in the full lifecycle of case management, from intake to research and strategy, to Court mandate and follow-up, to determine real-world results and impact.

Although any student may apply, we give priority to rising 3L students. We are open to externships that count for either one course per semester, or two courses per semester, depending on your law school's current arrangements and preference.

Notable News 2019 Proclaimed The Year of the Veteran in Maryland

Please address the following questions in your cover letter: Why do you want to work in the area of veterans law?

What is your motivation to work with veterans and their families, caregivers, or survivors?

What sets you apart from other candidates?

SUBMIT A COVER LETTER AND RESUME detailing your interest and motivation to Program Director Courtney Smith, Esq. Courtney.Smith@vetsprobono.org . You may also contact Courtney for answers to questions or additional information.

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FIND OUT MORE

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Left to right: Lt. Governor Boy d Rutherford (MD), Debra Luzietti-My ers (PVA), Dave My ers (TVC), and Governor Larry Hogan (MD)

Joined on 7 Februar y by more than 100 veterans, Governor Larr y Hogan proclaimed 2019 as the Year of the Veteran in Maryland.

This yearlong observance will raise awareness of the brave service and sacrifice our United States veterans and families have made for Mar yland and our country.

Following the announcement, which was made on the north steps of the Mar yland State House in Annapolis, veterans joined the governor for a gathering in the Governor ’s Reception Room.

The proclamation provides the opportunity to raise awareness of the work done ever y day by the Mar yland Department of Veterans Affairs in service to those who have served. Throughout the year, the department will join federal, state, and local partners to celebrate and acknowledge the service of the 380,000 Mar ylanders who have served in the United States uniformed services.

“I d woul like to express my sincere appreciation to Governor Hogan for this exciting proclamation announcement,” said Secretar y of the Mar yland Department of Veterans Affairs George Owings. “Proclaiming 2019 as the Year of the Veteran provides our state a timeless opportunity to honor our veterans for their service and sacrifice to their nation.

Phone Scam Sting Success Co-counsel for our TVC successful 5,000th federal case before the USCAVC, Judge William H. Webster, former The Honorable William H. director of the FBI & Webster CIA, performed a reverse phone sting to help the FBI catch a man scamming older Americans.

Click here to learn more about the case.

Upcoming Training Sponsored By

Pro Bono Representation before the U.S. Court of Appeals for Veterans Claims (CAVC)Training 16 May 2019 9:00 AM – 4:00 PM Foster Pepper 1111 Third Avenue Seattle, WA 98101 9AM – 4PM

Registration Opens ​19 March 2019 For more information contact: Leigh Hillebrand at leigh.hillebrand@vetsprobono.org

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