June 2020 Monthly Brief

June 2020 Hello!

In This Issue: Racial Equality Statement PTSD Awareness Month Executive Director's Corner Volunteer Inspiring Pro Bono (VIP) - Falen M. LaPonzina, Esq. Successful Week of Service Training VA General Counsel Volunteers at Pro Bono Clinic Welcome Brian Clubb, Esq. Law School Clinic Grant Program Application Summer 2020 David Isbell Interns Notable News

The Veterans Consortium is Fully Committed to Racial Equality

PTSD AWARENESS MONTH

The month of June has been designated to create awareness of Post-Traumatic Stress Disorder (PTSD) and to erase the stigma associated with it. This issue is particularly meaningful to The Veterans Consortium and to the veterans that we serve.

Every day, we interact with and assist veterans, their family members, caregivers and survivors who have been impacted by and are coping with effects of this invisible wound. Our TVC Discharge Upgrade Program, sponsored by DAV Charitable Service Trust, regularly assists veterans who are seeking to upgrade their discharge classification due to conduct related to Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI) and Military Sexual Trauma (MST). Upgrading their discharge status allows them to receive the care and benefits they’ve earned and deserve.

It's important to remember that not all wounds are visible, and The Veterans Consortium strives to eliminate shame surrounding mental health.

Executive Director's Corner I have spent a lot of time these past few weeks thinking, reflecting, reading and engaging with TVC staff and others, professionally and personally, to educate myself. I have worked to develop a deeper understanding of the issues encompassing racial, and specifically Black, inequality and injustice. I greatly appreciate that we have an environment at TVC where I can engage with staff members on a challenging and difficult subject. I have grown from this experience. I worked with my TVC team members to craft the statement included in this newsletter, which was also posted to our website and on our social media. We have spent a lot of thoughtful time on this issue to ensure that we, as an organization, are open to dialog and exist in a work environment grounded in the values of dignity and respect for one another. I am wide open to feedback and ask that you consider following us on social media and sharing our stand through your personal and professional channels as appropriate.

June 12th is designated National Women Veterans Day. We are committed to serving women veterans and the unique issues they face. I am particularly proud of the work that has gone in to establishing our monthly Women Veterans Pro Bono Legal Clinic in partnership with the VA. I would also like to spotlight the women veterans on our Staff: Director of Communications & Outreach, Claudia Daley, Marine Corps Veteran, and Client Services Paralegal, Giovanna Copat, Army Veteran.

Oorah and Hooah to both of them (respectively) as they continue to serve our nation!

June is National PTSD Awareness Month and we proudly serve Veterans affected by this challenging mental health condition.

Though every facet of TVC deals with Veterans who struggle with mental health issues, this is the primary focus of our TVC Discharge Upgrade Program. Program Director, Danica Gonzalves, is always open to training more pro bono attorneys in support of our efforts.

This month, we proudly announce the arrival of our newest Discharge Upgrade Staff Attorney, Brian Clubb, who is also a Marine Corps Veteran. We also welcome our Summer 2020 David Isbell interns, Matt Parker from The George Washington University Law School and Rina Hernandez from the University of Buffalo School of Law. They are rotating through all of our TVC mission areas to grow their knowledge and exposure to veterans law. Building relationships with law schools is a key tenet of TVC’s mission to growing the Veterans Law Bar. The internship was established in memory of TVC’s first Executive Board Chairman, David Isbell, and we are proud to continue this legacy.

I would also like to congratulate TVC Staff Attorney, Caitlin Ens, who was virtually sworn in today, along with 1,050 others, before the State of New York Supreme Court after an extended wait due to COVID-19. This was only the second time in history that NY performed a remote admissions ceremony. It was the largest group of lawyers they have ever admitted to the NY Bar in a single event. Here is yet another example of a legal organization’s successful transition to operating in a remote environment.

In closing, military members know that equality is synonymous with their service to our nation as prescribed by the oath they swear to our Constitution. Every military member must be seen and treated as equals without regard to race, gender, religion, or sexual orientation, or our nation is at grave risk. Inequality has no place in our military nor in our society, and we at TVC will endeavor to be constantly on guard against any and all prejudice and injustice.

Steve Jordon Executive Director

Volunteers Inspiring Pro Bono (VIP) Falen M. LaPonzina, Esq. LaPonzina Law, P.C. ADVOCATE

TVC National Volunteer Corps Member June is Pride Month TVC believes that all people deserve respect and dignity regardless of sexual orientation, gender identity or expression.

As far back as she can remember, Falen Marie LaPonzina wanted to be an attorney. She opened her civil litigation firm, LaPonzina Law, P.C. , in 2010 but wanted to do more to advocate in her community.

While living and working in D.C., Falen heard a lot about the VA from friends who served in the military. Many of those friends are women who spoke about difficulties with their VA disability claims. Those women, like Falen, are a part of the LGBTQ+ community. The Department of Veterans Affairs estimates there are about 1 million lesbian, gay, and bisexual veterans who serve our country honorably. Two of Falen's friends, after being deployed and diagnosed with PTSD, sadly lost their lives to suicide after being unable to get the services they needed through the VA. “I knew there was more I could be doing as a litigator, when a friend suggested veterans disability work.”

That friend, Brandon Steele (who is also a member of our TVC National Volunteer Corps, suggested Falen share her talents with TVC. “He helped me form my nonprofit and explained TVC’s mission, which included educational resources enabling lawyers to represent veterans at the US CAVC.” That led to her becoming a volunteer with TVC, where she has taken 31 cases in the last 3 years. Through the guidance and mentorship provided by TVC, Falen has secured 18 remands for Veterans, with her other 13 cases still pending an outcome.

"Falen has been an outstanding member of our National Volunteer Corps," says Courtney Smith, TVC's Director of Volunteer Outreach & Education. "She exemplifies what an attorney can do for our veterans, because she's taken the tools and mentorship TVC provided and changed life after life for the better.

Her success for the veterans she's represented and the passion she brings to each case is the reason we've selected her for our June 2020 Volunteer Inspiring Pro Bono."

A recent case that stands out for Falen is that of a Vietnam veteran who passed

away in 2004 from cancer. The veteran's wife has been fighting to service connect his cancer since his death over 16 years ago. His wife, who he met and fell in love during the Vietnam war, faced denial after denial from the VA after her husband’s passing. The VA never determined if the veteran’s cancer originated in the prostate or colon, and he was too sick before he passed to undergo the proper testing. The matter was highly contested due to prostate cancer being presumptively service-connected upon exposure to Agent Orange.

Falen received the case in 2019 and because of her tenacity and well-crafted arguments, the judge ruled in favor of the veteran and remanded the case to the Board of Veterans Appeals. Falen is continuing to represent the veteran's wife, who stands to receive compensation.

“This widow sobbed over the phone, thanking me, when I told her she’d won," says Falen. "To be able to have such a profound impact, on such special people, is the ultimate gratification. My heart is full.”

Falen also serves veterans through the non-profit organization she founded in January 2017, ADVOCATE, which stands for Attorneys Defending Veterans on their Claims and Entitlements. ADVOCATE is a 501(c)(3) that provides mostly pro bono legal representation to veterans at the VA and U.S. Court of Appeals for Veterans Claims (CAVC).

When not finding thrills in succeeding for deserving veterans and their survivors, Falen loves road trips, international travel, and exploiting the great outdoors with her partner and friends. When the seasons permit you can find her road biking, snowboarding, scuba diving, camping, kayaking, and whitewater rafting.

TVC Holds Successful ​Week of Service Training

In honor and celebration of Memorial Day, TVC held a Week of Service training May 26-30. What better way to recognize the sacrifices of veterans and their families, than by training volunteer attorneys to represent them and help them get the care, benefits and compensation they deserve. These trainings were held via Zoom conferencing, which allowed us to train our future volunteers nationwide while accounting for everyone’s safety and comfort level.

Day one featured “Appellate Advocacy before the U.S. Court of Appeals”, taught

by Courtney Smith, TVC Director of Volunteer Outreach & Education. Veterans who have had claims unjustly denied by the Department of Veterans Affairs (VA) are able to apply for a volunteer through TVC to provide pro bono representation at the U. S. Court of Appeals for Veterans Claims (CAVC). Courtney trained new volunteer attorneys on how to represent these deser ving veterans at this level.

The second day of training focused on “Military Discharge Upgrades”, and was hosted by Danica Gonzalves, Program Director for our TVC Discharge Upgrade Program, which is sponsored by the DAV Charitable Service Trust. This is a nationwide program which serves veterans who wrongly receive an Other Than Honorable Discharge due to conduct related to Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI) or Military Sexual Trauma (MST). Danica trained attendees on how to apply for a change in a veteran’s discharge characterization so they can become eligible for VA benefits.

On the third day, Samantha Farish, our Equal Justice Works Fellow, hosted by Morgan, Lewis & Bockius LLP, led a training on “Veterans Benefits Advocacy and Remands”. This opportunity, also nationwide, exists to assist veterans with securing benefits after the CAVC remands their claim to the Board of Veterans’ Appeals (BVA). Samantha trained attorneys on how to identify what argument or evidence is necessary for the veteran to prevail at the BVA, to receive compensation for their disability or injury. This is a new training area for TVC and we are in need of volunteers to assist with representation at the BVA. Please contact Samantha at samantha.farish@vetsprobono.org if you are interested in learning more or if you have taken the training and are available to take on a case.

Each training session was at capacity and TVC welcomed over 170 new members to our TVC National Volunteer Corps! We want to thank all those who attended and welcome you all to our TVC National Volunteer Corps with open arms.

We hope to continue this type of training going forward to continue to best meet the needs of our volunteers and our veterans. Stay tuned!

VA General Counsel Volunteers at ​Virtual Pro Bono Legal Clinic TVC is pleased to have the continued support of the VA for our pro bono legal clinics. Last Friday, we were honored to have Mr. William Hudson, Acting General Counsel, and Mr. Dick Hipolit, Deputy General Counsel, volunteer to virtually meet with veterans to discuss their issues and provide advice and referrals.

Since March, and the inevitable closing of our space at the DC VAMC, we have been able to build upon our MLP and offer our two Pro Bono Advice & Referral Legal Clinics in a virtual format. One clinic (for all veterans) is held two Fridays a month, and the Legal Clinic for Women Veterans is held the 2nd Tuesday of every month and staffed entirely by women attorneys. Both clinics offer Zoom video and telephone appointments.

Please contact Caitlin Ens at caitlin.ens@vetsprobono.org or (202) 733-3315 for more information about volunteer opportunities at our clinics.

TVC Welcomes Brian Clubb, Esq. to the Discharge Upgrade Program TVC would like to introduce our newest staff attorney, Brian Clubb, Esq. Brian will be working with Danica Gonzalves in the Discharge Upgrade Program, sponsored by the DAV Charitable Service Trust. Brian previously worked with the Battered Women’s Justice Project, where he coordinated a national program focused on domestic violence and military sexual assault.

From 2010 to 2012, Brian served as the first Veterans Treatment Court program director for the National Association of Drug Court Professionals and its Justice for Vets division. After graduating from the University of San Diego School of Law, he worked as a deputy public defender and private attorney in San Jose, CA. Brian is a retired Marine Corps mustang having served over twenty years split between active duty and the reserves and is excited to continue working to assist veterans and their family members. ​Please join us in welcoming Brian to the TVC Team!

Now Accepting Applications for ​Law School Clinic Grant Program

The Veterans Consortium is pleased to announce that we are currently accepting applications for our law school clinic grant program. Part of TVC’s mission is to encourage and facilitate pro bono representation of veterans, their loved ones, and their surviving family members through our Legal Scholar Program, which includes law school clinical programs.

We support selected law clinic partners by providing “Clinic-in-a-Box” materials (sample forms, Veterans Benefits Manual(s), information pamphlets, and textbooks), we provide training to clinical professors and participating law students, screened cases for pro bono representation at the Court of Appeals for Veterans Claims, and we provide support in the form of mentoring and limited grant opportunities.

For more information, visit our website and contact Caitlin Ens a t caitlin.ens@vetsprobono.org to learn more about our law school clinic grant program and obtain a copy of the grant application. Additionally, if you are considering starting a veterans law school clinic or service program, please contact us so we can assist you.

Welcome to our ​ avid Isbell Summer Interns D Matthew Parker

The George Washington University Law School David Isbell Intern Matthew Parker is a rising 3L at The George Washington University Law School. Originally from Owings, MD, Matt completed his undergraduate studies at Washington and Lee University in Lexington, VA, where he graduated with a degree in Economics in 2018. At George Washington, he currently serves as the Inter-Organization Coordinator for the Military Law Society and previously worked with the U.S. Navy JAG Corps as a summer intern in San Diego, CA. This summer at TVC, he will have the chance to rotate through the Appellate Practice, Discharge Upgrade, and Remand Advocacy teams. Upon graduation, Matt hopes to join the JAG Corps in one of our nation’s military branches “I chose to intern at TVC because I come from a large military family background, and having witnessed our service members' commitment and sacrifice first-hand, I wanted an opportunity to serve the community that selflessly served us.”

Rina Hernández

University at Buffalo School of Law

Rina Hernández is a 3L at the University at Buffalo School of Law. Originally from Long Island, NY, she became interested in Veterans Law after participating in her school’s Veterans Law Practicum. She earned her Bachelor’s Degree in French Language & Literature and Political Science from Fordham University in the Bronx, NY. At UB, she is the Vice President of the Student Bar Association, Articles Editor of the Buffalo Law Review, President of the Latin American Law Students Association, and Vice President of the Christian Law Student Fellowship.

This summer, Rina will be completing rotations in TVC’s Remands, Discharge Upgrade and Appeals programs. After law school, Rina hopes to join the Air Force JAG Corps.

"I chose to intern at TVC after becoming involved with my school's veterans law practicum, where I learned of the importance of serving those who served. As someone applying to be a JAG Officer in the future, I greatly appreciate the opportunity to learn and work at TVC this summer."

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

The Catholic University of America Columbus School of Law Devin Lattuga Georgetown Law Yixuan (Lauren) Zhang The George Washington University Law Center Roxanne Cassidy

TVC Quote of the Month Each month, TVC would like to highlight a message we have been sent from our Veterans, their families, caregivers and survivors to highlight the importance of providing our nation's defenders with the care, benefits, & compensation they were promised, free of charge, to meet their needs.

“You have done an excellent job for your client. I hope you will continue helping litigants with such candor and sincerity... Please continue helping honest veterans who did their best to defend this country of ours."

TVC Client, U.S. Military Veteran

NOTABLE NEWS TVC Staff Attorney Caitlin Ens Virtually Sworn In

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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GIVE TODAY

Although many have passed the bar, swearing-in ceremonies were put on hold, then pushed back due to the uncertainty surrounding COVID-19.

This affected a member of our team, Caitlin Ens, who passed the bar exam in July 2019. She is an invaluable member of the TVC team, and we have been eagerly awaiting news of her ceremony with her.

Your gift will help to ensure that our veterans & their loved ones can receive the care, the benefits and the compensation they earned by serving our country.

We are proud to announce that after the difficult last few months, Caitlin was virtually sworn in today via YouTube.

Bravo Zulu, Caitlin!

PASS IT ON

You Can Support The Veterans Consortium on Amazon

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

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Available Pro Bono CAVC Cases ​for CoLIuCrK cHuERrErent ​TVC National Volunteer Corps r 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

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