TVC July 2020 Monthly Brief

July 2020 In This Issue: Executive Director's Corner Volunteers Inspiring Pro Bono (VIP) - Desmarais LLP TVC Oral Argument at U.S. Court of Appeals for Veterans Claims A Message from Client Services Welcome Development Intern Andrea Sanchez-Quiles Notable News

National Korean War Veterans Armistice Day “Freedom is not free”

This month, on July 27, we will take time to observe National Korean War Veterans Armistice Day and remember the sacrifices of these American heroes. Currently, there are an estimated 3.9 million living Korean War veterans and many are still fighting for their benefits.

More than 6.8 million American men and women served during the Korean War period, from June 27, 1950 to January 3 1, 1955. As many as 50,000 American troops died and over 100,000 were wounded. There were 7,140 POW’s, and of these, 2,701 brave souls never returned home. There have been 131 Korean War recipients of the Congressional Medal of Honor.

Join us in honoring the sacrifices of these American heroes. Thank them for their service to our country and please continue to help us fight for them, to ensure they get the care, benefits, and compensation they were promised and the best legal services free of charge. #theyfoughtforus

"When darkness threatened, you kept the torch of liberty alight. You kept the flame burning so that others all across the world could share it. You showed the truth inscribed on the wall, that freedom is not free."

President Bill Clinton, at the Dedication of the Korean War Memorial, July 25, 1995

Executive Director's Corner This month I would like to call out our critical relationships with law schools and law students.

A significant reason for TVC's existence is to build the Veterans Law Bar. We do this by conn ecting and partnering with law schools to bring in law student interns and externs to expose them to veterans law. For example, our current David Isbell Scholars, Matt Parker (George Washington University Law School) and Rina Hernandez (University at Buffalo School of Law), have spent the summer working on cases in support of the U.S. Court of Appeals for Veterans Claims and our Discharge Upgrade Program. This past spring, we also had two fantastic externs, Casey Watts (Antonin Scalia Law School) and Carolyn Corcoran (Georgetown University Law), who received class credit for their work at TVC. As the fall semester approaches, we want to indicate that we remain open to inviting talented students to TVC to expose them to the veterans law field. I ask you, as TVC ambassadors, to help spread the word on our behalf.

In addition to law students, we recently welcomed Andrea Quiles-Sanchez (Amherst College) onboard as our first TVC Communications & Development Intern to assist us in building our outreach initiatives and grow in capacity in the critical area of grants and donations. This page on our website covers the breadth of our Internships and Externships. This program is supervised by our Director of Education and Outreach, Courtney Smith, Esq. Our Volunteers Inspiring Pro Bono (VIP) for July is the law firm of Desmarais, LLP and their attorneys, who have not only taken and been successful in all of their CAVC cases, but as is highlighted in the article, they have chosen to remain with their clients on remand and represent them at the Board. Tom Derbish, Esq. and Raymond Habbaz, Esq. have made a particularly positive difference in the lives of the vete veterans they represented. Both Tom and Raymond's grandfathers served in the Korean War; this is a clear extension of their personal service to our nation and particularly significant as we reflect upon and honor our Korean War Veterans on July 27. In U.S. Navy terms this deserves a Bravo Zulu (well done)!

We also feature a message from our fantastic Client Services team, led by Director, Sandy Peterson. The Client Services team is the first stop and face of TVC for our veterans seeking legal assistance. As you might imagine, it takes a special kind of empathy to interact with veterans or family members, who, in many cases, see us as a last resort. I am particularly proud of this group of professionals, whose mantra is to immediately “lean in” and assist, connecting those in need with warm hand-offs to other resource providers if we are unable to directly help.

Non-profits have been particularly challenged during COVID-19, and often have looked to peers and partners to assist them in their critical work. TVC is supporting a “used tech drive” with Tech For Troops (T4T), a great non-profit organization which arms veterans with technology to help lift them out of poverty and homelessness. T4T collects surplus computers and other tech devices from firms, companies and individuals. After refurbishing them, T4T gifts them to veterans in need to “bridge the digital divide” and offers training to help them re-enter the civilian workforce and/or attend school. Consider donating your old, broken, or outdated tech and computers for the August 2020 drive. Please contact T4T Executive Director, Mark Casper, and he can identify a drop point near you. Visit their website to see the good work they are doing.

Steve Jordon Executive Director

Volunteers Inspiring Pro Bono (VIP)

Desmarais LLP attorneys have been valuable mission partners and members of our TVC National Volunteer Corps since 2010, having received favorable outcomes in 100% of their cases before the U.S. Court of Appeals for Veterans Claims (CAVC). Recently, several attorneys made a commitment to two of their veteran clients to remain with them on remand at the Board of Veterans Appeals (BVA). For the veteran, having an attorney who is trained to identify arguments and evidence at this stage strongly increases the chances for success - which translates into receiving the benefits and compensation they've earned and deserve. We are very grateful that the Desmarais attorneys have chosen to “go the extra mile” for their clients, and it is for this reason that we are pleased to recognize the firm of Desmarais LLP and their attorneys as our July TVC Volunteers Inspiring Pro Bono (VIPs).

Desmarais encourages attorneys to contribute their time to pro bono causes. They have a firm wide pro bono challenge which recognizes attorneys who complete 50 or more hours of pro bono work during the calendar year. In 2019, Desmarais attorneys contributed over 1,400 hours to pro bono matters. We are grateful to them for their commitment to our program and the veterans we serve.

As a 3L at Harvard Law School, Tom Derbish became interested in advocating for veterans when he began volunteering his time at the Veterans Law and Disability Benefits Clinic where he assisted on CAVC cases. The grandson of a Korean War Korean Veter War veteran who received VA benefits, Tom found the work interesting and rewarding and naturally gravitated to the CAVC work Desmarais attorneys were doing with TVC. Tom is currently working on a case for a client he won a remand for at the CAVC. His client, a U.S. Army veteran, experienced a schizophrenic episode, was deemed permanently disabled, and was retired from service. The veteran made repeated attempts to apply for VA benefits immediately after leaving service, but he was not awarded benefits until 2009. He sought an earlier effective date, but the Board of Veterans’ Appeals determined there was no evidence that he sought to apply earlier than 2009. Tom and his team at Desmarais, Justin Wilcox, and Timothy Li, ( no longer with the firm) highlighted evidence that indicated the veteran had filed a claim when he separated from the Army and the Court remanded the case back to the Board for re-adjudication. They are currently working on gathering evidence to convince the Board that the veteran did in fact seek VA assistance with filing a claim for schizophrenia when he left service. If successful, the veteran could receive a large amount of back-owed benefits which will have an enormous impact on his current quality of life.

“Working with TVC has been a tremendous experience and continuing to represent our client before the BVA was a very easy decision. Everyone on the team feels committed to the case and wanted to stay on to make sure the client gets the compensation he is owed. A big part of what makes this work so enjoyable is the chance to get to know our clients and to see first-hand how much of an impact our work can have.”

Tom Derbish, Esq.

Raymond Habbaz, TVC Volunteer and the grandson of a Korean War veteran, represented a veteran on remand for a case that former colleague, Michael Jenks, and he won at the CAVC. This was Raymond’s first time representing a veteran, and it was a big win! Raymond and his colleague, Laurie Stempler, took the remanded case. The veteran served in the U.S. Army and U.S. Navy and suffered from bilateral hearing loss and tinnitus as a result of serving on board the USS Eisenhower. The Board denied his claims for hearing loss and tinnitus, finding that there was no indication that these conditions were related to service. The Desmarais team found proof in the record that he was exposed to high decibel noise for extended periods of time and the case was remanded to the Board. Raymond represented the veteran at this stage, obtaining a medical opinion from a private examiner when the case returned to the Board. This resulted in the Board granting service connection for tinnitus and hearing loss. The veteran received approximately, $14,000 in a lump sum payment and is now receiving $142 a month going forward. Raymond also argued for attorneys’ fees under the Equal Access to Justice Act, which were granted and donated to TVC. “I am so glad we decided to continue our representation of our client at the

BVA. While it felt great to win a remand at the CAVC, the call to the veteran after we won at the BVA felt wonderful. He was so grateful that the issue was finally resolved and that he would see a check in the mail with his benefits. Special thanks to Katy Clemens who helped us with the CAVC case & Samantha Farish who helped us navigate the BVA process.”

Raymond Habbaz, Esq. "These two cases are powerful examples of clear proof that existed in the record but was overlooked by the Board when the veterans initially appealed their claims at the BVA. Having a trained attorney digging into the record to find evidence is critical to the outcome of the remand in many cases. We're fortunate to have a very capable & dedicated team at Desmarais as part of our TVC National Volunteer Corps."

Samantha Farish, Esq. Equal Justice Works Fellow, Sponsored by Morgan, Lewis & Bockius LLP Manager of the TVC Veterans Benefits Advocacy Program

TVC Oral Argument at ​ ourt of Appeals for Veterans Claims C On July 14, 2020, TVC National Volunteer Corps Member, Jennifer Zajac, participated in a virtual oral argument at the U.S. Court of Appeals for Veterans Claims. This special circumstance happens in less than 1% of the Court’s cases.

Zajac, who serves as Associate General Counsel for Paralyzed Veterans of America (PVA), and PVA’s Deputy General Counsel, Linda Blauhut, presented their argument before Judge Coral Pietsch, Judge William Greenberg, and Judge Joseph Toth.

The issue before the Court was whether or not the Veteran was entitled to payments under the Veterans' Retraining Assistance Program (VRAP) for terms after March 31, 2014. VRAP provided training for programs of education that led to a high demand occupation, as determined by the Department of Labor. The Board found VA’s authority to issue payments under VRAP ended on March 31, 2014. The Appellant argued that the Secretary’s actions were arbitrary and capricious in limiting the Appellant’s lump sum payment for his VRAP benefits. The Secretary conceded that the Board provided an inadequate statement of reasons or bases and moved to vacate and remand the Board’s decision. In turn, the Appellant further argued that the Court reverse and not remand the Board’s decision and find that the Appellant is indeed entitled to the full 12 months’ worth of benefits for the year-long program that he pursued.

This argument could have implications that affect many veterans who did not receive the full VRAP benefits to which they were entitled for their education as a result of the end of VRAP or other assistance programs. The Court will issue its decision in this case in the next few months.

Bravo Zulu, Jennifer!

A Message From Our TVC Client Services Team

Our Client Services Team (l to r, top to bottom): Sandy Peterson, Director;

Giovanna

Copat,

Paralegal; Mary Benton, Client & Veterans

Law

Specialist;

Josie

Peery, Office Administrator; Anna Eaker, Client Services Specialist

We help Veterans and their families appeal the unjust denial of VA benefits to the United States Court of Appeals for Veterans Claims (Court) and help them obtain pro bono legal representation through our Program. In addition, we assist pro se appellants as they navigate the Court process. We strive to provide quality legal services by handling the needs of veterans and their families with courtesy, compassion and diligence.

The TVC Client Services Team handles CAVC Client intake, case management and office administration. At the outset of the pandemic, we had to quickly mobilize our resources to assist TVC staff in the transition to a remote working environment while continuing to provide prompt communication and services to the veterans and family members that contact us for help with their VA claims.

Our team has maintained an in-office presence, to continue the essential operations of our organization. In addition, we each set up home office capabilities to continue to communicate with veterans who need our assistance and to handle the many calls and applications that we receive through mail, fax, online contact and email.

Over the past four months, we've seen a steady increase in requests for assistance for cases at, or going to, the CAVC. We've also seen a significant increase in the amount of emails from new and potential clients, which has been helpful in this new, remote environment.

Many veterans who contact us are worried about closures at the VA and CAVC and what affect that could have on their pending claims and appeals. We reassure them that the Court has continued operations and that we have not seen any significant significant delays due to the pandemic. For veterans at the Agency level, we help connect them to Veteran Service Officers, who have continued operations, albeit some with temporary office closures.

We would like to share the following links to information that we have found helpful to have on hand for the veterans we all serve: CLICK HERE FOR NATIONAL INFO

CLICK HERE FOR VIRGINIA INFO

CLICK HERE FOR MARYLAND INFO

In closing, our team would like to thank all the volunteer attorneys who sign up for trainings, have taken on additional tasks during this time and continue to represent veterans, their families, caregivers, and survivors.

Meet Our New ​Outreach & Development Intern ANDREA QUILES-SANCHEZ

In late June, Andrea Quiles-Sanchez joined The Veterans Consortium as an intern in the Communications Department. Her work focuses on marketing and development research. She is a graduate of Amherst College, where she studied Psychology and Gender Studies. Andrea moved to the D.C. area last September from North Texas, and has been excited to learn all she can about her new home. She is passionate about human rights causes like mental health, sexual violence prevention, and LGBTQ+ advocacy. Andrea enjoys spending time with her dog and cross-stitching in her free time.

Andrea is doing an amazing job helping with us with research and managing a donor database. She has a passion for social justice and advocacy – so she fits right in! We’re very fortunate to have her with us for the summer.

TVC Legal Scholars Virtual Volunteers We'd like to extend a special thank you for the following law students who will be assisting us in research and veteran outreach efforts this summer.

Georgetown Law Lauren Zhang The George Washington University Law School Anthony DeBenedictis Harvard Law School Sarah Tansey Andrea Trespalacios University of Chicago Law School Kaylee Yocum

TVC Quote of the Month “I could never thank you all enough for all the much needed help[...] After 30 years I feel that I finally received the justice that I earned and deserved. In closing, on behalf of all veterans, thank you for all of your support.”

TVC Client, U.S. Army Veteran

NOTABLE NEWS Court's Oral Argument Schedule

Upcoming Training Information

Click Here to View*

More information coming soon!

*Please note that all oral arguments are now being done virtually.

You Can Support The Veterans Consortium on Amazon

Do you know a Veteran in crisis?

During this challenging time, many of us are shopping on Amazon for home-schooling supplies, disinfecting products, DIY projects and more. Consider using Amazon Smile, which will automatically donate a portion of your purchase price to The Veterans Consortium.

Available Pro Bono CAVC Cases for our current TVC National Volunteer Corps *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 to view our list of Available Pro Bono Cases in need of representation by a volunteer attorney.

For assistance, email volunteer@vetsprobono.org

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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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