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February 2020 Monthly Brief

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February 2020 Hello! In This Issue: Executive Director's Message Volunteer Inspiring Pro Bono (VIP) - Olayiwola Oduyingbo Winterhaven Homeless Veterans Stand Down Recap VA Acting General Counsel Visits Weekly Legal Clinic Updates from Our Volunteer Outreach & Education Team Notable News

Executive Director's Message January marked a significant transition in the leadership of The Veterans Consortium Pro Bono Program. The former Chairwoman of our TVC Executive Board, Mary Ann Gilleece, Esq., stepped down from her Executive Board duties. We are most fortunate that she has agreed to remain as an Emeritus Board Member, being the first to have this status. Mary Ann’s passion and commitment to TVC for over a decade and her deep understanding of the program’s history will be invaluable as we look to the future.


Pictured l to r: Gary Butter (Vice Chairman, TVC), Founding Chief Judge Frank Q. Nebeker (U.S. Court of Appeals for Veterans Claims), Former Chief Judge Robert N. Davis (CAVC), Mary Ann Gilleece (Former Chairwoman, TVC)

During Mary Ann's tenure as Chair, TVC achieved remarkable growth in its federal Veterans Pro Bono Program cases before the U.S. Court of Appeals for Veterans Claims (CAVC ), and in other opportunities for our TVC National Volunteer Corps to serve veterans and their loved ones. On behalf of the TVC Executive Board and TVC Staff, we offer our sincere gratitude to Mary Ann for her leadership and service to our country and our Nation’s Defenders. As I enter my second month as Executive Director, there are many organizational “firsts” that I am experiencing that continue to validate my decision to join TVC. This month, it was our Discharge Upgrade Program that provided this lift. This program offers support to Veterans who received an Other Than Honorable discharge due to misconduct related to Post-Traumatic Stress Disorder, Military Sexual Trauma, Traumatic Brain Injury and other related mental health issues. The team (Danica Gonzalves, Mary Benton and Dee Wallace) screens thousands of cases annually and, if the criteria fits, they start the process - which can take up to three years in many cases. When a case is upgraded by the Board, it can be a life changing event, allowing a Veteran to access VA healthcare and benefits. Mary shared with me that she recently had an opportunity to call a Veteran whose case was upgraded. I could tell that the moment was not only a big victory for the Veteran but also for Mary who passed to me that “this is the best part of my job!"


This month we join our fellow Americans in celebrating Black History Month and use this time to reflect on the innumerable contributions of Black Americans to our Armed Forces and our nation. Since the American Revolution, Black Americans have honorably answered the call, serving with valor and distinction. This month, we honor and highlight the sacrifices and dedication of Black American Veterans throughout our country’s history. Follow our spotlight efforts on our TVC Facebook, Twitter and LinkedIn social media channels. This month, we will be attending a conference for one of our critical partners The National Association of State Directors of Veteran Affairs (NASDVA) in Alexandria, VA. NASDVA members are selected by their Governors, State Boards, and/or commissions as Veteran leaders with a focus on supporting Veterans and their families in their respective states. This is a great annual forum for sharing best practices and we are proud to be a continued conference sponsor. I recently met a few of our TVC National Volunteer Corps members and attended my first TVC training. I am more than impressed by the spirit of giving back by individual attorneys, law firms and law students who support our critical work on CAVC appeals, discharge upgrades and our VA Medical Center legal clinics. I look forward to meeting more of you so that I can personally express my gratitude for your efforts to ensure our Nation’s Defenders get the care, benefits and compensation they were promised, and the best legal services, free of charge, to meet their challenges. Steve Jordon Executive Director #theyfoughtforus


Volunteer Inspiring Pro Bono (VIP)

Olayiwola Oduyingbo, Esq.

Member, TVC National Volunteer Corps ODU Law Firm, LLC

For Layi Oduyingbo, becoming a member of our TVC National Volunteer Corps was just what he was looking for. After graduating from Providence College, Oduyingbo began his career as an accountant, but found that he was seeking to do something more meaningful. “I was unable to advocate for those without a voice,” says Oduyingbo. “I found that purpose volunteering with TVC.” His willingness to take cases that need immediate placement and/or have close brief deadlines and his ability to juggle several cases at one time makes him an invaluable member of our TVC National Volunteer Corps. For this reason, Olayiwola Oduyingbo is our Volunteer Inspiring Pro Bono (VIP) for February 2020. Oduyingbo's interest in veteran’s law began during his time at Roger Williams University School of Law. “I had a close friend in law school who served in Operation Enduring Freedom and he inspired me to serve in my own way.” After graduating, Oduyingbo made his way to local veterans law firm Chisholm, Chisholm & Kilpatrick (CCK). “That same law school friend was instrumental in getting me to CCK, where I spent two years.” It was at CCK that he forged a friendship with TVC’s Deputy Executive Director and Director of Litigation and Case Management, Judy Donegan.

“Layi brings a positive attitude to everything he does and we’re grateful he reached out to us about volunteer opportunities” says Donegan.


Now an independent personal injury lawyer, Oduyingbo has consistently taken cases that needed replacement counsel with imminent deadlines. He currently has ten TVC cases (all active) and finds the work very rewarding. “It’s interesting to learn the stories of these veterans, and to right the legal errors that have defined their lives for so long.” “One of my current clients is a Navy veteran who was a member of the Explosive Ordinance Disposal Unit, which involves diving under water to disarm bombs,” says Oduyingbo. The Veteran retired from the military and was honorably discharged. “He later developed skin conditions and cancer, which were due to his time in the service, and was denied service connection by the VA.” Though he acknowledges stories like that of the Navy diver are difficult to hear, “the work TVC does is inspiring and motivates me, fueling a desire to continue helping. If hearing it is difficult, living it is that much worse. If I can ease that discomfort for a veteran, that is my reward.” Oduyingbo lives in Cranston, RI with his wife, Katie, and their almost 3-year-old daughter, Tatiana. In his free time, Oduyingbo volunteers with Year Up, an organization that provides mentorship and educational resources to young adults to help them enter the work force. He is also a sports enthusiast and a member of a local soccer league.


Winterhaven Homeless Veterans ​Stand Down Recap

Pictured l to r: Claudia Daley (TVC), Larry McCammon (CUA Law), Valerie Daye, Esq., Peter Gregory (TVC), Josie Peery (TVC), Steve Jordon (TVC), Dee Wallace (TVC), Cate Jackson (TVC), John Baird, Esq. (Duane Morris), Ian Carrico (Georgetown University Law Center), Ken Keane, Esq. (DM) Not pictured: Chris Tyson, Esq. (DM), Ruth Afiesimama (GW School of Law)

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, 25 January 2020. 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. This year marks the fourth consecutive year that TVC has participated in this worthwhile event. We

want

members

to of

thank our

the TVC

tireless National

Volunteer Corps who came out to support this effort. Our volunteers from

Duane Morris (ChrisTyson, John Baird,

& Ken Keane) & independent attorney Valerie Daye, are a perfect example of

the quality and dedication of our TVC National Volunteers Corps. We'd also like to acknowledge our student volunteers - Larry McCammon (Columbus School of Law at The Catholic University), Ian Carrico (Georgetown University Law Center), and Ruth Afiesimama (The George Washington University Law School). We can’t say thank you enough to all our volunteers for their service to Veterans and their loved ones!


Acting General Counsel Visits Weekly Legal Clinic

Pictured l to r: Chris Tyson (Duane Morris), William Hudson (Department of Veterans Affairs), Claudia Daley (TVC), Steve Jordon (TVC), Caitlin Ens (TVC), and Dick Hipolit (VA)

We were honored to have Acting General Counsel of the U.S. Department of Veterans Affairs, William Hudson, and Deputy General Counsel, Dick Hipolit, visit our weekly TVC Pro Bono Legal Clinic at the Washington DC VA Medical Center to show support for the clinic and to equal access to justice for Veterans. The clinic is held every Friday from 10:00 a.m. – 2:00 p.m. at the DC VA Medical Center. We greatly value our partnerships with law firms, law schools, private attorneys and the great support from the DC VAMC staff. Click below to learn about volunteer opportunities with our ​TVC Pro Bono Legal Clinic. Click to View Clinic Info


Appellate Advocacy before the U.S. Court of Appeals Training in New Jersey

On Friday, 7 February, TVC Director of Volunteer Education and Outreach, Courtney Smith, traveled to New Jersey to conduct an Appellate Advocacy before the U.S. Court of Appeals for Veterans Claims training. McCarter and English, LLP sponsored the event, and several of their attorneys attended the mini training both in person and via live stream. Congratulations and welcome to our TVC National Volunteer Corps!

Updates From Our ​ olunteer Outreach & Education Team V Update Regarding Rule 33 Pre-Briefing Conferences As part of an appeal, prior to the submission of a brief, the Court requires practitioners to participate in such a conference. This prebriefing conference is a time for the parties (Appellant’s attorney and the Secretary’s attorney) to discuss the issues. A member of the Court’s Central Legal Staff facilitates the call and discussion. Pursuant to Rule 33, Appellant’s counsel is required to submit a summary of the issues 14 days prior to the scheduled conference. The summary of issues is submitted via email to the CLS Calendar and the Secretary. Click Here To Continue


Joint Motions for Remand for Claims Governed ​by the Appeals Modernization Act In February 2019, the VA implemented a new claims and appeals system (the “modernized” system) pursuant to the VA Appeals Improvement and Modernization Act of 2017. Even prior to the changes going into effect system-wide, many veterans opted in the VA’s pilot program for the modernized system, which was called the Rapid Appeals Modernization Program (RAMP). Claims that were part of RAMP are now part of the modernized system. While most cases currently before the U.S. Court of Appeals for Veterans Claims involve claims governed by the old “legacy” system, some cases involve claims subject to the modernized system. Click Here To Continue

NOTABLE NEWS TVC Executive Board member and U. S. Marine Corps Veteran, Chanin Nuntavong, was featured on the cover of The American Legion Auxiliary Magazine for February 2020. He was featured as one of the first male members of The ALA.

Upcoming Training Information Appellate Advocacy before the U.S. Court of Appeals ​for Veterans Claims

Click Here To Read The Article

Thursday 30 April 2020

Carlton Fields Miami Tower 100 S.E. Second Street Suite 4200 Miami, FL 33131​ REGISTRATION OPEN SOON!


Available Pro Bono CAVC Cases ​for our current ​TVC National Volunteer CorpsSM

Partner with us t​ o sponsor a training.

Click below to view our list of Available Pro Bono Cases in need of representation by a volunteer attorney. *Note: you must be a current volunteer who has taken our training and has been approved as a member on our website in order to log in and view the available cases. CLICK HERE

For assistance, email volunteer@vetsprobono.org

Contact Us At: volunteer@vetsprobono.org

Do you know a Veteran in crisis?

The impact of your pro bono service is real and tangible for our veterans. Please share this video with those you think may be interested in volunteering.

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February 2020 Monthly Brief by The Veterans Consortium - Issuu