2020 ANNUAL REPORT RemovingToBarriersAccess: Where They Are Meeting Veterans
2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are2 deserve the care, benefits and compensation they were promised and the best legal services, free of charge, to meet their challenges. ~our nation’s defenders~ We believe that our veterans
Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT 3 Table of Contents About The Veterans ExecutiveChairman’sConsortiumMessageDirector’sMessage 2020 TVC Pro Bono Mission Partner Awards Ceremony 2020 TVC Pro Bono Mission Partner Awards Sponsors TVC Executive Board Case Study: Medical Grant Program Helps Vietnam Veteran’s Widow New Judges Named to Court Case Study: A Twenty-Year Battle for Justice TVC National Volunteer Corps Honor Roll Memorial Day Week of Service Virtual Training TVC Legal Scholars Program TVC Welcomes New Equal Justice Works Fellows DC Pro Bono Week 2020 Inaugural Legal Advice & Referral Clinic for Women2020VeteransStaffFinancials 302827262424232018161411108754
TVC operates the Federal Pro Bono Program for Veterans—created by Congress in 1992—on behalf of the U.S. Court of Appeals for Veterans Claims, through a competitively-awarded LSC grant. As the leading national 501(c)(3) charity providing legal services in federal venues for veterans in need, we provide legal counsel free of charge from our TVC National Volunteer Corps of more than 5,250 attorneys, paralegals, and related pro bono professionals. We recruit volunteer attorneys and provide them specialized training, mentors, case materials, and other focused resources to enable and enhance their success. Concurrently, our staff conducts outreach to eligible veterans, diligently screens their cases to identify those with an issue of merit, and carefully matches them with one of our pro bono attorneys best suited to win each case. The Veterans Consortium has operated continuously since its founding in 1992.
About The Veterans Consortium
— TVC CLIENT A t The Veterans Consortium, we believe that our veterans in need—our nation’s
defenders—deserve the care, benefits, and compensation they were promised, and the best legal services, free of charge, to meet their challenges.
For over 28 years, TVC has been providing the best legal services in federal venues to veterans and their families, caregivers, and survivors, no matter where in the world they live. With the help of our dedicated staff, we have handled more than 50,000 legal requests from veterans and their loved ones, trained over 5,250 attorneys from law firms and corporate legal departments across the country, and helped law schools establish and sustain veterans law programs or legal clinics. Our TVC National Volunteer Corps and Mission Partners have helped us succeed in 82% of our federal cases at the U.S. Court of Appeals for Veterans Claims, the Federal Circuit, and the Supreme Courtwhere our volunteers have achieved two unanimous decisions for veterans. These achievements translate into over $115 million in pro bono legal services provided on behalf of veterans in need, and more than twice that in the lifetime value of care, benefits, and disability compensation that have truly changed our clients’ lives.
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“Your program extended an olive branch that I could cling to. Your program is a lifesaving program.”
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5Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT
I want to personally thank the committed members of our TVC National Volunteer Corps and our mentors from large and small law firms, solo practitioners, and law school clinics, all of whom faithfully represented our clients with excellent outcomes. I’d also like to thank our generous sponsors, whose support helped us navigate through this year with its unique challenges.
Judy Donegan is a skilled leader with proven expertise in veterans’ law, litigation, case management, and all aspects of the federal appellate process. Judy has participated in more than 2,000 appeals before the U.S. Court of Appeals for Veterans Claims and serves on the Court’s Rules Advisory Committee. Judy also serves as TVC’s Director of Litigation & Case Management, a role she has continued in addition to her new duties as Deputy Executive Director. This year, we expanded our Board by adding three additional directors and turned over two other seats.
In January, Stephen Jordon began his tenure at TVC as Executive Director, while Judy Donegan was promoted internally to the role of Deputy Executive Director. Steve, a retired U.S. Navy Captain, is a highly accomplished non-profit executive with a sustained record of providing mission-critical leadership and superior program management. Steve most recently served as the Executive Director of the Veterans Employment Initiative (VEI) and Vice President of the Northern Virginia Technology Council Foundation. VEI connects Veterans and military spouses to employment opportunities and provides support to member companies in their efforts to recruit, hire, train and retain qualified Veteran and military spouse employees.
Two of the new directors are the first women veterans to serve on TVC’s Board. We also added the first member from the Veterans of Foreign Wars (VFW), one of the preeminent veterans’ advocacy groups in the nation, as an organizational seat. Ms. Aniela Szymanski, Esq. (USMC Reserve), Ms. Lanita Morgan, Esq. (USN Veteran), Mr. Lee Gardner, Esq. (USN Veteran) and Mr. John Muckelbauer, Esq. (USMC Veteran) all bring their unique perspectives and make us a stronger and more diverse Board.
fter a promising start to 2020, everything changed in March when our attention turned to the persistent spread of the COVID-19 pandemic and its impact on our mission. I’m proud to say that the dedicated TVC staff rose to the challenge and quickly adapted to the remote environment that we found ourselves in, without disruption to the quality and timeliness of service.
We also bid farewell to two long standing TVC Board Officers, Gary Butter and Bill Levi. Gary Butter joined the TVC Executive Board in 2009 as its first Vice Chairman. We are deeply grateful for his guidance and commitment to our mission for more than 12 years. Under his leadership, TVC saw exponential growth and efficiencies, which allowed us to increase the quantity and quality of pro bono legal services to the veterans we serve. Gary served as a submarine officer in the U.S. Navy from 1982 to 1987 and retired from the Naval Reserve as a Captain in 2010. Bill Levi joined TVC as Treasurer in 2012. Bill is a CPA that brought over 30 years of business management and public accounting experience to TVC and he served as Treasurer to its governing Executive Board. Finally, our former longtime Chairwoman Mary Ann Gilleece stepped down as a voting director on the Executive Board but she continues in her valuable advisory role as Chairwoman Emeritus. We thank them for their many years of stewardship and selfless commitment to our organization and those who defended our nation. We are fortunate to have a deep and dedicated pool of staff, volunteers, and supporters who allow us to remain stable, relevant, and resilient in the face of a challenging and changing landscape. I look forward to the coming year and the great work that is still to come. Please join us by volunteering, collaborating as a Mission Partner, becoming a donor, or spreading the word about our Williammission.S. Foster, Jr., Esq. Chairman, TVC Executive Board
A Message from Our Chairman
2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are6 Our Impact55,000 legal requests from veterans Handled over and their loved ones as of October 2020 rate for federal cases 82% lifetime success 5,250more Recruited,thantrained and mentored attorneys across the U.S. $126M Value of donated attorney servicesOperates a national helpline that provides valuable legal services
Navy Executive Director
There are a few individuals and firms who proactively reached out to the TVC team looking for ways that they could provide additional assistance during the challenges of this year. They are Centonzio Law, PLLC, Foley & Lardner LLP, Mark Matthews Law, McCarter & English LLP, The Law Office of Michael J. Sepanik, and Quarles & Brady LLP. In addition to direct representation, they assisted with screening cases, found critical issues, crafted arguments, wrote briefs, and reviewed records. Their support totaled close to 900 hours of pro bono work, equating to more than $500 thousand dollars of legal services. We are grateful for their partnership and their professional and selfless contributions, all of which had a significant impact on the successful outcome of our Justcases.priorto
“To get better representation would be impossible!” TVC CLIENT
Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT 7
In September, we welcomed two Equal Justice Fellows whose two-year projects focus on new areas of service for TVC. One project focuses on the development of a program to provide awareness, education, support, and free legal services to immigrants seeking U. S. citizenship through their military service. The second project focuses on issues particular to women veterans and management of our recently launched TVC Pro Bono Legal Clinic for Women Veterans. We are deeply grateful for and applaud the unwavering support of our donors this year, whose generous contributions significantly helped with our mission of providing the best legal services, free of charge, to help our veterans and their families meet their challenges. We are fortunate to have an “esprit de corps” within the ranks of our TVC National Volunteer Corps and Mission Partners – a positive energy that helps us meet the growing demand for quality pro bono legal
T his was a remarkable year for The Veterans Consortium and the nation as we grappled with a global pandemic of enormous scale and human impact. I joined TVC as Executive Director in January and could never have anticipated what would happen in a few short months. On some level, it was a gift to me to see the true nature of the team I have the privilege to lead.
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DC closures in March, we launched a highly successful pro bono legal clinic exclusively for women veterans at the DC VA Medical Center. This clinic (one of only three in the country) is staffed by female volunteer attorneys in a space solely accessed by women. We worked closely with the VA and the DC VA Medical Center to recognize the barriers to access for women veterans and created a solution to provide legal services in an environment where they felt safe. We have successfully continued to support this clinic and our other pro bono legal clinic virtually during the pandemic.
A Message from Our Executive Director
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I know that we will look back on this time and be proud of the work we did together to ensure we never wavered in support of our veterans and their loved ones. In true form, our TVC staff, National Volunteer Corps and Mission Partners stepped up to help us maneuver through this national challenge. COVID-19 intensified the need for services, as the vulnerable veterans we serve were already experiencing challenges due to benefits and compensation denied to them. Predictably, the situation was exacerbated by these challenges, but we were able to successfully move into a remote environment without any sacrifice to quality and timely service. Not only did we keep up, but we saw more cases than ever before.
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Orrick, Herrington & Sutcliffe, LLP received the TVC Law Firm Pro Bono Mission Partner Award for their longstanding engagement with pro bono service for our nation’s defenders. Amazon was the recipient of the TVC Corporate Pro Bono Mission Partner Award, as they have a strong commitment to advocating for veterans and their loved ones. Valerie Daye, Esq. was awarded the TVC Chairman’s Award for her outstanding record of service to those who have Weserved.exceeded our fundraising goal through the generosity of our sponsors, allowing us to provide the best legal services, free of charge, to meet the needs of veterans and their families.
The Veterans Consortium Pro Bono Program congratulates Valerie Daye, Esq. on her selection to receive the 2020 TVC Chairman’s Award in recognition of her outstanding record of service to our nation’s veterans and their families, caregivers, and survivors.
2020 TVC Pro Bono Mission Partner Awards Ceremony
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T his year, we held our first virtual TVC Mission Partner Awards event on October 29th. This was new territory for us all, but we came together as a team and embraced new ideas to create a meaningful event. We connected with our community in their homes around the country to celebrate excellence in pro bono legal services to veterans, their families, caregivers, and survivors, and to honor the dedicated members of our TVC National Volunteer Corps.
Valerie has a strong devotion to veterans which is apparent in her interactions and advocacy. Her energy, enthusiasm and can-do spirit are evident in her cases as well as her work at our pro bono legal clinics. She embodies our belief that our nations defenders deserve the best legal services free of charge to meet their challenges. This commitment to pro bono service demonstrates that Valerie Daye, has “gone above and beyond the call of duty” on behalf of our nation’s veterans.
Valerie has taken many cases since attending our training in 2016 - all with favorable outcomes. She is a steadfast advocate for her clients, who often contact TVC to remark on her compassionate and effective representation. She is an integral member of our TVC National Volunteer Corps who supports our program and initiatives with Valerieenthusiasm.isalso an active volunteer at our weekly Pro Bono legal clinics at the DC VA Medical Center. She participated in the pilot Pro Bono Legal Clinic for Women Veterans in October of 2019 and was a great support to us when we launched a permanent clinic this March of 2020.
OUR
Left to right: Lloyd Chee, Julie Friar, David Zapolsky.
TO 2020 AWARDEES
The Veterans Consortium Pro Bono Program congratulates Orrick, Herrington & Sutcliff, LL P on their selection to receive the 2020 TVC Pro Bono Law Firm Mission Partner Award in recognition of their outstanding record of service to our nation’s veterans and their families, caregivers, and survivors.
The Veterans Consortium Pro Bono Program congratulates Amazon on their selection as our 2020 TVC Corporate Pro Bono Mission Partner , in recognition of their outstanding record of service to our nation’s veterans, their families, caregivers, and survivors. Amazon has a strong commitment to military veterans and their spouses, and they have several initiatives which provide transitioning service members with professional training and hands-on experience in the civilian workforce. Many of their attorneys advocate for, and take on, pro bono cases representing veterans and their family members. Amazon attorneys, under the leadership of Senior Corporate Counsel, Lloyd Chee, began to offer their pro bono services and to work on discharge upgrade cases in early 2018. After their attorneys attended several virtual trainings, Amazon committed to hosting an in-person training at their corporate headquarters in Seattle, Washington. This training was webcasted to their international offices to promote our program and to encourage pro bono representation. To date, twenty-three Amazon attorneys have worked with TVC on discharge upgrade cases. These outcomes will have a profound impact on the lives of the veterans they assist, and the ability for them to receive the benefits and care they deserve. Amazon is a dedicated Mission Partner who has committed to continue to engage and encourage their attorneys to take our training and to represent veterans. Their passion for TVC’s work and commitment to pro bono service demonstrates that Amazon has “gone above and beyond the call of duty” on behalf of our nation’s veterans.
9Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT
THANK YOU &
CONGRATULATIONS
Orrick has a firmwide, long-standing commitment to social justice and impact. Nearly 100 percent of their U.S. lawyers contributed at least 20 hours of pro bono service in 2019. Orrick is also strongly committed to supporting veterans and their spouses, and advocates for the veteran community in many ways. Most notably, under the leadership of Pro Bono Counsel, Rene Kathawala, Orrick became a TVC Core Mission Partner. As part of this partnership, Orrick hosted a CAVC training, which was webcast to their offices in New York, Houston, Orange County, Santa Monica, San Francisco and Sacramento. Close to two dozen Orrick attorneys attended the training, and 85% of these new volunteers promptly took a case. To date, all outcomes have been successful. Orrick has committed as a Core Mission Partner to continue to engage and encourage their attorneys to take our training and to represent veterans.
2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are10 CHAMPION Baker Botts L.L.P. FREEDOM ExxonMobil Corporation Squire Patton Boggs PATRIOT Cameron Firm, PC McCarter & English, LLP Orrick, Herrington & Sutcliffe LLP Paul, Weiss, Rifkind, Wharton & Garrison LLP GUARDIAN The American Legion Bergmann & Moore, LLC Blank Rome LLP Butler Snow LLP Capital One Financial CentonzioCorporationLaw, PLLC Disabled American Veterans Faegre Drinker Biddle & Reath KirklandLLP& Ellis LLP National Veterans Legal Services ParalyzedProgramVeterans of America Quarles & Brady LLP Veterans Law Office of Amy B. Kretkowski PLC White & Case LLP HONOR GUARD Butler Weihmuller Katz Craig DuaneLLPMorris LLP Fish & Richardson PC Greene & Marusak, LLC Just Veterans’Law Rights Law Group, PLLC DEFENDERVETERAN’S Alston & Bird LLP Chisholm, Chisholm & Kilpatrick LTD The Law Office of Michael J. NationalSepanikAssociation of County Veterans Service Officers ODU Law Firm, LLC Valerie Daye, Esq. William S. Foster Jr, Esq. ADVOCATE Jorge Amieva, Esq. Gertrude Jewell La Ponzina Law, P.C. Christopher Tyson, Esq. 2020 Event Sponsors With Gratitude
11Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT $25,000 - $100,000 Baker Botts L.L.P. $10,000 – $24, 999 Cameron Firm PC FaegreExxonMobilDrinker Biddle & Reath McCarterLLP& English LLP National Veterans Legal Services Program Orrick, Herrington & Sutcliffe Paul, Weiss, Rifkind, Wharton & Garrison LLP Squire Patton Boggs $5,000 - $9,999 Bergmann & Moore LLC Blank Rome LLP Buckley LLP Butler Snow LLP Capital One Financial DisabledCorporationAmerican Veterans Centonzio Law, PLLC Kirkland & Ellis LLP Nadine VeteransTheQuarlesHarduarsingh&BradyLLPAmericanLegionLawOfficeof Amy B. Kretkowski PLC White & Case LLP $1,500 - $4,999 Alves Family Charitable AttigFoundation|Curran | Steel, PLLC Bracewell LLP Butler Weihmuller Katz & Craig CrowellLLP& Moring LLP Duane Morris LLP Fish & Richardson PC Greene & Marusak LLC Jon ODUJustLawBrittanLawFirm, LLC Veterans Rights Law Group $500 - $1,499 Alston & Bird LLP Chisholm, Chisholm & Kilpatrick LTD Jayanth Jayaram Joseph Miller Kelly Engstrom Law Office of Michael J. LawSepanikOffice of S.L. Ayers Marsha Feldmann Michael Nardotti Midland NationalFoundationCommunityAssociation of County Veterans Service Officers National Association of State Directors of Veterans Affairs Nicole WilliamValerieMonachinoDayeS.Foster,Jr. $25 - $499 Alan ZoeWrenneWilliamSuzanneRitaRenePatriciaMylaMatthewLorenzoJorgeJonathanJohnJeffreyGustavoGertrudeFalenEverettDeocarloClaudiaChristopherCatherineCateArthurAmazonNutaSmileJ.CarcucciJacksonNathanTysonDaleyD.CamachoWardLaPonzinaJewellMayenMarkowitzNownesDavisAmievaDiSalvoShepardHaiderKramerFelipaPowersGregoryLewisBartlettGodfrey Donor Honor Roll Thank you to our donors whose generous support is critical to our mission.
MARIO
LANITA MORGAN, ESQ. Director (Schmoyer Reinhard LLP)
MARY ANN GILLEECE, ESQ. (The Private Bar) A. MARQUEZ, ESQ. Director (The American Legion)
JOHN MUCKELBAUER, ESQ. Director (Veterans of Foreign Wars of the U.S.)
LEE GARDNER, ESQ. Director (Google, Inc.)
12 2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are
ROY E. SPICER, Director (Disabled American Veterans)
ANIELA SZYMANSKI, ESQ. Director (Warrant Officers Association of the U.S. Coast Guard)
GARY
TVC Executive Board Members
LEONARD J. SELFON, ESQ. Secretary & Director (Paralyzed Veterans of America)
WILLIAM S. FOSTER, JR., ESQ. Chairman (Drinker Biddle & Reath LLP) M. BUTTER, ESQ. Vice Chairman (Google, Inc.)
We would like to recognize the exceptional service of two TVC Executive Board Members who have recently stepped down after many years of faithful service to The Veterans Consortium.
Barriers To Access: Meeting
Our all-volunteer Executive Board is responsible for establishing vision, providing stewardship and governance, and supporting The Veterans Consortium as it delivers high-quality pro bono legal services effectively and efficiently to veterans, their families caregivers and survivors.
BILL LEVI, CPA, CGMA, JOINED THE TVC EXECUTIVE BOARD AS TREASURER IN 2012. He brought over 30 years of business management and public accounting experience for The Veterans Consortium and served as Treasurer to its governing Executive Board. Bill is the Managing Director at W. Levi and Associates, a firm that provides accounting, tax and consulting services.
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GARY BUTTER, ESQ. JOINED THE TVC EXECUTIVE BOARD IN 2009 AS ITS FIRST VICE CHAIRMAN. We are deeply grateful for his guidance and commitment to our mission for the past 12 years. Under his leadership, TVC has seen exponential growth and efficiencies, which have allowed us to increase the quantity and quality of pro bono legal services to the veterans we serve. Gary currently serves as in-house patent counsel in the New York office of Google, Inc. and is also an adjunct Professor of Law at Brooklyn Law School. Gary was a submarine officer in the United States Navy from 1982 to 1987 and retired from the Naval Reserve as a Captain in 2010. The TVC staff bid them both farewell and we thank them for their many years of stewardship and selfless commitment to our organization and to our nation’s defenders.
2020 ANNUAL REPORT
Removing Veterans Where They Are
passed away in early 2009 and his death certificate listed a ruptured abdominal aneurysm as the immediate cause of death. Two VA examiners considered whether CAD was linked to his death and determined that it was not. Prior to appealing to the Court, Mrs. McKinley tried and failed to have the death certificate amended to reflect that CAD had played a role in his death. Ms. Kondor’s opening brief argued that the Board’s decision erred in at least eight different ways. She pointed out the inherent contradictions in the medical opinions relied on by the Board, including a statement that Mr. McKinley did not even have a diagnosis of CAD. Despite her well-crafted arguments, the Court affirmed the Board’s decision. In the decision, Judge Michael Allen noted that Ms. Kondor correctly argued the Board’s failure to explicitly state whether Mr. McKinley had a CAD diagnosis, but determined this error was harmless. Ms. Kondor then moved the Court for reconsideration. She redirected the Court to her initial brief, which argued that the error in this case carried a significant and obvious prejudice to Mrs. McKinley and was therefore not harmless. Entitlement to survivor’s benefits hinges on establishing that a condition is Mrs. Patty McKinley, the widow of a Vietnam War veteran, was seeking benefits based on her contention that her husband’s death was due in part to his military service. TVC placed her case with with our TVC National Volunteer Corps member, Rachel Kondor, who had previously handled only one appeal at the Court.
Mr. Lucky McKinley served on active duty in the Army from July 1968 to January 1970 in the Republic of Vietnam, thus VA conceded that he was exposed to Agent DuringOrange.hislifetime,
2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are14
TVC’s Medical Grant Program Helps Vietnam Veteran’s Widow
CARE OF NORMAN HILE, ESQ.
Mr. McKinley was service-connected for post-traumatic stress disorder, residuals of a puncture wound to his right thigh, and neuropathic damage of the right thigh. In 2008, he was diagnosed with coronary artery disease (CAD), congestive heart failure (CHF), hypertension, and peripheral vascular disease. This is significant because CAD is a condition which is presumptively linked to exposure to Agent Mr.Orange.McKinley
“I CAN’T EMPHASIZE enough how critical the funds we obtained through TVC’s medical grant program were to prevailing in Mrs. McKinley’s case. Without the funds to pay for a new medical opinion, we wouldn’t have been able to show that the Veteran’s service-connected ailment (CAD) contributed to his cause of death.”
CARE OF NORMAN HILE, ESQ.
“IT IS INCREDIBLY UNLIKELY THAT MRS. MCKINLEY could have seen such an outcome without the hard work of Ms. Kondor. She is a valued member of our National Volunteer Corps, which she demonstrated by going above and beyond in representing Mrs. McKinley at the Board. Her efforts made all the difference in this case and show the impact of our volunteers on the lives of veterans and their family members.”—Samantha Farish, Esq.
Ms. Kondor attended a training held by TVC on how to provide representation at the Board, used the funds to obtain a new medical opinion, and then wrote a brief on behalf of Mrs. McKinley.
connected to military service. Due to Mr. McKinley’s Vietnam service, a diagnosis of CAD would serve as the basis for a service-connected condition. This would then trigger the Board’s duty to consider whether the service-connected CAD was a contributory cause of death, because CAD as a diagnosis raises the possibility of other active diseases which might ultimately render him less capable of resisting the effects of his actual cause of death. This argument was rooted in 38 C.F.R. § 3.312(c)(3), which dictates that when determining contributory causes of death, careful consideration should be given to any diseases involving active processes affecting vital organs, even when the primary cause of death is unrelated, because of the potential that Mr. McKinley would be rendered less able to resist the cause of death. This argument was successful, and the Court withdrew its decision affirming the Board’s denial and issued a new decision remanding the claim. Ms. Kondor worried that this would be a challenging case for Mrs. McKinley to pursue at VA on her own, but despite having no prior experience with VA-level advocacy, Ms. Kondor agreed to work with TVC and continue assisting the widow. She also applied to TVC for a grant for a new independent medical opinion, which TVC was able to provide using donated funds.
15Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT
— Rachel Kondor, Esq. On November 17, 2020, the Board granted the claim in full. Mrs. McKinley ended up receiving a payment of approximately $197,000.00 and will continue to receive a monthly payment until she passes or remarries. She was ecstatic about the outcome, as was Ms. Kondor. This decision will allow Mrs. McKinley to live comfortably, and it also honors her husband’s service and sacrifice. Ms. Kondor proved to be a tireless advocate for Mrs. McKinley. She used every tool at her disposal in this case by moving for reconsideration, continuing representation post-remand, and securing a Medical Review Grant from TVC.
New Judges Named to the United States Court of Appeals for Veterans Claims
Judge Grant C. Jaquith was nominated to the United States Court of Appeals for Veterans Claims by the President of the United States on September 19, 2019, confirmed by the United States Senate on July 23, 2020, appointed by the President on September 1, 2020, and took the judicial oath the next day.
Until his Jaquithappointment,judicialJudgehadservedas the United States Attorney for the Northern District of New York since July 1, 2017, leading the work of 50 lawyers in four offices who prosecuted federal criminal cases and represented the United States in civil litigation, from investigation through trial or other resolution and appeal.
While United States Attorney, Judge Jaquith served as Vice Chair and then Chair of the Servicemembers’ and Veterans’ Rights Subcommittee of the Attorney General’s Advisory Committee. Judge Jaquith became an Assistant U.S. Attorney on August 6, 1989; he served as the NDNY’s Narcotics Chief and Chief of the Albany Office from 1998 to 2006, Chief of the Criminal Division from 2006 to 2010, and First Assistant U.S. Attorney from 2010 to 2017. In 2016, Judge Jaquith was honored by the Department of Justice with a national Director’s Award for Executive Achievement. Judge Jaquith was commissioned in the U.S. Army in 1979 and served in the Army Judge Advocate General’s Corps from 1982 to 2011, rising to the rank of Colonel in 2004. His military awards include the Legion of Merit. Judge Jaquith was an Army circuit judge from 2001 to 2010, presiding over courts-martial at forts throughout the continental United States and in Alaska, Germany, and Korea. In 2006, he was activated to serve as the trial judge at Fort Bragg, North Carolina.
Removing Barriers To Access: Meeting Veterans Where They Are
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Judge Jaquith’s other military assignments, including active duty from 1982 to 1988, involved advising commanders and staff on legal aspects of disciplinary actions and command administration and operations; providing legal assistance to soldiers, veterans, and their families; settling civil claims; providing instruction on legal issues; litigating at administrative boards; and prosecuting criminal cases.
Judge Jaquith was in private practice with Bond Schoeneck & King in Syracuse from 1988 to 1989 and taught Juvenile Law and Federal Income Taxation at Drury College, Fort Leonard Wood, Missouri, in 1984. In 1982, he interned at the Public Defender’s Office in Gainesville, Florida, where he represented defendants in misdemeanor trials. Judge Jaquith received his Juris Doctor from the University of Florida College of Law in 1982 and a Bachelor of Science (cum laude) in business administration and accounting from Presbyterian College, Clinton, South Carolina, in 1979, from which he was a Distinguished Military Graduate.
The symposium was an informative, collaborative event, and we are thankful to Georgetown University for their assistance in making it a success. Before his judicial appointment, Judge Laurer served as Deputy Legal Counsel to the National Security Council at the White House. There he advised the President, Vice President, Assistant to the President for National Security Affairs, and the staffs of the National Security Council and Homeland SecurityJudgeCouncil.Laurer served in the United States Navy for 30 years, retiring from active duty as a Captain in the Judge Advocate General’s Corps. He supported combat operations as senior legal advisor for the USS Abraham Lincoln Carrier Strike Group during its historic 10-month deployment for Operation Enduring Freedom, Operation Southern Watch, and Operation Iraqi Freedom. As a senior officer, Judge Laurer held various distinguished positions including the following: Special Counsel to the Chief of Naval Operations; Commanding Officer, U.S. Region Legal Service Office Europe, Africa, and Southwest Asia; Special Legal Advisor to Commander, International Security Assistance Force and U.S. Forces-Afghanistan; Senior Legal Advisor to Commander, North American Aerospace Defense Command and U.S. Northern Command; and Deputy Legal Counsel to the Chairman of the Joint Chiefs of AStaff.Woodbury, New Jersey, native, Judge Laurer graduated from Rutgers University. He earned his juris doctor from Temple University School of Law and his Master of Laws (international law) from The George Washington University Law School.
Judge Scott J. Laurer was nominated by President Donald J. Statesacommission,receivedAugustSenate,confirmedTrump,bytheandin2020hehisjudicialbecomingJudgeoftheUnitedCourtofAppeals for Veterans Claims.
traumapsychologicalmedicaldeployments;combatbyPTSDattentionforondiscussionsalsosymposiumThefeaturedtheneedimmediatetocausedmultipleand inflicted by sexual assaults in the military; and criminal records, incarceration, and punitive discharges resulting from racially disparate imposition of military justice.
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ON SEPTEMBER 24, The Veterans Consortium (TVC) co-hosted a one-day webinar with Georgetown’s Center on National Security and the Law to discuss the most pressing issues facing veterans today.
The Honorable Robert N. Davis, Senior Judge of the U.S. Court of Appeals for Veterans Claims, was the event’s keynote speaker. Appointed by the President in 2004, he served as a chief judge from October 9, 2016, until December 3, 2019. During his keynote, he highlighted racial disparity in the military justice system, meeting the challenges faced by military survivors of sexual assault, dysfunction in the discharge upgrade system and appealing denial of benefits to ensure veterans receive the care to which they are entitled. He also elaborated on the roles the U.S. CAVC and U.S. Court of Appeals for the Federal Circuit play in benefits adjudication.
Halldora Hart (née Henderson) was raised in a military family. Her father was in the U.S. Navy and her brothers served in the Marine Corps. After high school, Halldora became a certified medical assistant with the goal of pursuing a career in the medical field to ultimately attend nursing school. She saw an opportunity to do just that through military service, enlisting in the U.S. Navy in April 1995. She successfully completed Recruit Training at Recruit Training Command Great Lakes, graduating second in her class of eighty recruits. Halldora was then sent to Basic Hospital Corps School at the Naval School of Health Sciences in San Diego, where she graduated in the top 10% of her class. Upon completion of Corps School, she was stationed at the Navy Medical Center in San Diego. By all accounts, Halldora was well on her way to a successful medical career in the Navy and was chosen for a coveted position in the orthopedic pediatric unit, where she assisted in surgeries at Balboa Naval Hospital.
2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are18
Halldora was still forced to see not only her assailant’s wife but her assailant himself due to her unchanged duty assignment. During a session with her counselor on August 27, 1996, she reported that a “senior person” told her she would have to learn to deal with these types of events because “she [was] pretty.” Despite her counselor telling her supervisor that working in OB/ GYN was detrimental to Halldora, the notes in her file continued to reflect that she was not transferred. She was left with no choice but to continue working in the OB/GYN department for four months after the assault, regularly facing her assailant and his wife. Due to the immense stress of the situation, Halldora’s mental and
A Twenty-Year Battle for Justice
“WHEN I JOINED THE MILITARY, IT WAS A FRESH start for me. I excelled at, and embraced, recruit training and Corps School,” says Halldora. “This was my time to stand strong and make a future for myself. All that changed in July of 1996.”
“DURING THIS TIME, I FELT UNSAFE, I HAD no self-worth and no longer wanted to continue in a job that I loved,” says Halldora. “I began to unravel and felt that no-one believed me.”
It was during this time that she began to receive persistent and unwanted advances from a senior person in her chain of command. Halldora made it very clear that she felt the advances were inappropriate and that she was uncomfortable with his behavior. But the insulting and suggestive behavior continued.
A chaplain referred her for counseling. The chaplain and the counselor tried to facilitate a transfer so she would not have to work in the OB/GYN department, to no avail. The counselor’s notes, from a session on July 31, 1996, note that Halldora “definitely qualified for PTSD and that the symptoms first occurred in July 1996, at the time of the assault.”
In July 1996, Halldora was physically assaulted by the same person at a birthday party after she had thwarted his advances and confronted him regarding his crude and inappropriate remarks. Thankfully, she was able to fight off and escape her attacker, but she suffered an injured knee, for which she sought medical treatment. After the incident, her assailant began a campaign of harassment and intimidation in the workplace towards Halldora on a regular basis. Halldora confided in a colleague who encouraged her to file a report. From there, an investigation was initiated. Unfortunately, during the investigation, Halldora remained in the same post and was forced to see her assailant daily. A short time later, Halldora learned that the charges against the man who assaulted her were being dropped because of conflicts in the various witnesses’ testimony. She was transferred to the OB/GYN unit, where her assailant’s pregnant wife was a regular patient. Halldora was left feeling frustrated and unsafe because of her chain of command’s failure to act and protect her. Her fears and anxiety were worsened by her work assignment, which required her to repeatedly interact with her assailant’s wife.
At a Captain’s Mast on April 24, 1997, Halldora was convicted of violating Article 112A of the UCMJ. The memorandum of the Captain’s Mast asserts that “HA Henderson did . . . on or about 10 April 1997, wrongfully use crystal methamphetamine.” She was transferred to Operations and on May 15, 1997, she was discharged under “Other Than Honorable Conditions.” Recounting this time in her life, Halldora states, “WHEN I WAS FIRST DISCHARGED, I WAS relieved that I would no longer be treated like that anymore – I just wanted out. I used the drugs to numb my feelings and continued to struggle with drugs after being discharged.”
Halldora’s case was taken by TVC National Volunteer Corps attorney, Valerie Sanders.
Valerie Sanders, Esq., counsel at Eversheds Sutherland LLP, had attended a TVC Discharge Upgrade training held by Danica. Once she was eligible to take cases, she chose to work on Halldora’s. This case was personal for Valerie, as her mother enlisted and served in the Navy in the 1960s, so she could relate to issues of culture in the Navy. After reviewing Halldora’s file and speaking with her client, she found that the records told the story. “The trauma and secondary traumas in Halldora’s case were all there. The story was compelling and needed to be told.” Valerie was able to create the timeline and show the continuing impact as it existed, by crafting the argument with the facts in the record and contemporaneous sources.
“WHEN I SPOKE WITH VALERIE, IT WAS THE first time I didn’t feel like someone thought I was crazy or lying. My experience in the Navy had made me think that no one would believe me.”
“THE BOARD DID THE right thing and upgraded Halldora’s discharge to fully Honorable. Having an attorney on these cases is more important than it should be, but we are trained to write compelling and persuasive arguments and that is a key element in the success of these upgrades.”
Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT
Two years later, Halldora requested reconsideration of her OTH but was told that her records had been destroyed in a fire. Even after working with a VSO and her state senator’s office, she was unable to retrieve any records. so she gave up.
Almost eighteen years after her OTH, Halldora went back to a VSO for help. The VSO found out that the records had, in fact, not been destroyed in a fire and requested them again, but the VA would not release them. Her VSO encouraged Halldora to file a disability claim because the VA would then have to retrieve her Itrecords.tookover two years to get the records, but she was eventually given disability benefits at a 70% rating. However, she still had her OTH and was told that she was past her 15-year mark and could not apply for an upgrade. Halldora ended up moving to Massachusetts and went to visit her local VSO. There, she found a flier for TVC’s Discharge Upgrade Program. She reached out to DU Program Manager, Danica Gonzalves, Esq., and her case was accepted.
— Valerie Sanders, Esq. Since her discharge, Halldora has become a licensed cosmetologist who has raised and supported three children as a single mother. She has also been assessed by the VA as having 100% service-connected PTSD due to military sexual trauma. She recently married and now gives back to her community as a yoga instructor.
19 physical health continued to decline, and she began using drugs to cope with her continued trauma.
“THE OTHER THAN HONORABLE DISCHARGE was a dark secret hanging over my head for so many years. I can now hold my head high and this makes everything whole again. I spent so much of my life not standing my ground. This is a lesson to not give up. If you or someone you know has an OTH, please reach out toThe Veterans Consortium. It can change your life. Valerie gave me a voice that I thought I’d lost. Having a lawyer was crucial to my success.”
20 2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are 2020 TVC National Volunteer Corps Honor Roll We thank our volunteers for devoting their time, expertise and resources to our nation’s defenders. PartnershipsMedical/LegalU.S. Court of Appeals for Veterans Claims (CAVC), Federal Veterans Pro Bono Program TVC’s UpgradeDischargeProgram℠ Remands CORPORATE PRO BONO AT&T Paula Finlay Keith Krom Cargill Incorporated Nicole Murphy Charles Koch Institute Kimberly Morris Exxon Mobil Corporation Philecia Moore Vic Pyle Greystar Catherine Newell Long Nationwide Mutual Insurance Company Gail Storck PNC Financial Services Erin JoanMelindaJoyLisaJenniferKelliRohitLauraFelixGleasonKhandekarLeeMalkinMooreO’BrienTuriciZangrili Skyward, A Verizon Company David Lincoln Verizon Dawn GregoryDamschenHarris GOVERNMENT PRO BONO Corporation of National and Community Service Helen Serassio Government of Puerto Rico Veteran Advocate Office Evelyn Herrero-Rodriguez Texas Dept of Health & Human Services Janet Totter United States Department of Homeland Security Elizabeth Harvey United States Department of Veterans Affairs Chris ArtKerryBillDickAliciaLaraDianeStaceyJuneReshawnaAdeyoleBanksChungDemps-BarrettDuhigEilhardtHarringtonHipolitHudsonLoringTraynor Washington State Court of Appeals Cameron Sheldon LAW FIRM PRO BONO Anderson & Graham LLP Tiffanie Graham Alston & Bird Sean MarthaSeanLaurenBedfordBolcarCorcoranDoty Alsup Law James Alsup Tracey Alsup Attig | Steel, PLLC Chris AlexandraAttig Curran Augustus Law Firm LLC Andrea Augustus Baker Botts LLP Katherine Burke David ClarkeBryanClarkJenniferMyshaMeganDyerLaDriereLubkeNallOberembtParrishStavinoha David Tobin Matt JamesWelchWilliams Ballard Spahr LLP Matthew Lamb Beins, Axelrod PC Rodney Harrell Blank Rome Justina (Tina) Byers Eddie Edwards Craig Haring Buckley LLP Caitlin Kasmar Cameron Firm PC Jonathan Brenner Peter KathrynMeganCameronEllisMcCahill Carlton Fields John Stull Carpenter Chartered Kenneth Carpenter Kenneth Dojaquez Centonzio Law PLLC Javier VictoriaCentonzioTamayo Cooley LLP Aaron McKenney Cozen O’Connor Jesse Keene Dan B Law PLLC Daniel Bretzius Dechert LLP Brian Love Desmarais LLP Thomas JustinChristianDerbishDormanWilcox DLA Piper LLP Michael Haworth Dorsey & Whitney LLP Alex Hontos Erin JosephKolterLynyak, III Duane Morris Joe TairanChrisMattMichaelRobMichelleHeidiKenJoshSheilaKristinaJosephKeithRyanAmauriJamesNicoleSeanKatherineRobertRebeccaJohnAronicaBairdBazanBramnikBrodieBurkeCandeloriCookeCostaElettoFeigenbaumS.FerrettiGillHollisJavitzKeaneLunasinPradoRubenSchrierTaylorTyson(Terry)Wang Eckert Seamans Cherin & Mellott LLC Jessica Arena Robert EdwardGastnerNoonan ERA Law Group LLC Valerie Anias Evans & Dixon LLC Paul Krauter Eversheds Sutherland John Zerwas Fish & Richardson PC Thomas Halkowski Grayson Sundermeir Dexter Whitley Foley & Lardner LLP John Custer Julia Di Vito Cynthia Harkness Jeffrey JenniferJenniferKoppLutherPark
Brown LLC Michael
David Keller Law Office of David T. Flanagan
Lynch Matthew
21Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT Ryan JihwangJasonParsonsSharpYeo Foster Garvey PC Ben Hodges Fried Frank Harris Shriver & Jacobson LLP Elizabeth Kalanchoe Garreans Law LLC Amy Garreans Gibson, Dunn & Crutcher LLP Jaysen Chung Vladmir Semendyai Sean Twomey Chris TimothyWhittakerZimmerman Goodwin Procter Paul GraceJinTurong Graydon Head & Ritchey LLP Kristine Maher Greenberg Traurig LLP Christopher Dodrill Green & Marusak Jonathan Greene Daniel Marusak Grubaugh Law LLC Joshua Grubaugh Haseeb Legal LLC Syed Hussain Health Advocates LLC Kamaria Davis Maria Marigomen Hrabcak & Company, LPA Heidi Hrabcak Jenner & Block Adrienne Benson Jeff LeeGrantImmelSchweikertVanVoorhis JLC Legal PLL James Calis Joseph & Kirschenbaum LLP Charles Joseph K&L Gates LLP Michele Barnes Travis MattStephanieGeryMcCleeryShell Kallio Law Firm LLC Eric Kallio King & Spalding LLP Michael Dohman Just Law Michael Just Klaerner Law Melissa Klaerner Law Office of Abisola Elabanjo Adebayo Elabanjo Law Office of Alex T. Shapiro Alex Shapiro
Jason
Nicholas Phinney Law Office of Rebecca L Bartlett
Mark Myers Law Office of Michael J. Sepanik Michael Sepanik Law Office of Michael Wolchansky Michael Wolchansky Law Office of Nicholas L. Phinney
Alison Brown Law Office of Anne Keith Walton Anne Keith Walton Law Office of David A. Keller
Maura SamuelMcDevittStender McCarter & English LLP Moira CharlesMichelleDavidGregoryNatalieBatistaMantellMascittiMordkoffMovahedRay Shawn Smith Steven Weisman McDermott Will & Emery Paul Schoenhard Morgan Lewis Natalie Bennett Naylor & Braster John Naylor ODU Law Firm LLC Layi Oduyingbo Orrick Herrington & Sutcliffe LLP Margaret Abernathy John Badalich Harry NicholasMorenSabatino Parmele Law Firm James Pavisian Paul, Weiss, Rifkind, Wharton & Garrison LLP Tanya Manno Perkins Coie LLP Tara Kurtis Piatt Law PLLC Jason Piatt Pokalsky Wilczynski Brozek LLP Anne Pokalsky Porco Law Christopher Porco Quarles & Brady LLP Amanda Cavazos Otto RachaelJordanAmyLukasHinksLandoltLenzSchettleScoggins Quinn Emanuel Urquhart & Sullivan, LLP Anne-Raphael Aubry R.S.M. Law Firm Raza Mahmood Resch Law, PLLC Jamie Resch Richard L. Bailey Law Firm Richard Bailey Scott Shah Law PLLC Stefanie Scott Shook, Hardy & Bacon LLP Kyle Steingreaber Sidley Austin LLP James Bieke South Tampa Legal, PA Sheila Mosakowski Squire Patton Boggs Aaron Garavaglia Steptoe & Johnson LLP John Perkins Stevenson Law Firm PLLC Marsha Stevenson Tabak Law LLC Hannah Zacharias The Law Office of Amy Suzanne Borgersen Amy Borgersen The Law Office of Augusta Siribuo, LLC Augusta Siribuo The Law Office of Derek T. Smith Derek Smith The Law Office of Eloy Aguirre Eloy Aguirre The Law Office of Paul I. Timpone, Esq. Paul Timpone The Law Office of Tim Connelly Tim Connelly The Wilds Law Firm Gwendolyn Wilds Thompson & Knight LLP Kevin Clark Tri-Source Pharma, LLC Thomas Hunter VA Benefits 4 Vets Jason Mendoza Veteran Esquire Legal Solutions, PLLC Jonathan Davis Veterans Law Office of Amy B. Kretkowski, PLC Amy Kretkowski Veterans Rights Law Group Lorenzo DiSalvo Julia ChadGiesekingMacIsaac Vet Law Brendan Garcia Watt, Tieder, Hoffar & Fitzgerald, LLP Joseph Figueroa Wells Law Group Michael Wells West & Dunn Jonathan Heiden Jason Johns Eric TravisPangburnWest Wheeler Trigg O’Donnell LLP Scott Barker White & Case LLP Lily MichaelKyleMaraKimKlebanerLevenbergLu Wilson Sonsini Goodrich & Rosati Jonathan Davey John Lynch Woodall & Pflepsen PC Keith Pflepsen
Rebecca Bartlett Law Office of Sean Kendall Megan TimothyDeatonFranklin Law Office of Thomas J. Kniffen Thomas Kniffen Law Office of Timothy Macri Timothy Macri Law Offices of Robert R. Davis
Law Office of Alison J. Brown
David Flanagan Law Office of Douglas G. Jackson Doug Jackson Law Office of Gustavo Mayen Gustavo Mayen Law Office of Joseph Miele
Marie Kramer Law Office of Mark R. Myers LLC
Mendelson PC Matthew
Joseph Miele Law Office of Lonnie S. Keene Lonnie Keene Law Office of Marie H. Kramer
Robert Davis Law Offices of S.L. Ayers Stephani Ayers LaPonzina Law, P.C. Falen M. LaPonzina Larbi Legal Tamesha Larbi Littler Hank Lynch & Ilacqua Manne Law Office Manne Mayer Heffernan
of Florida, Levin College of Law Judy Clausen University
The of Law-Columbus Community Services
Legal
2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are22 SOLO PRACTITIONERS Jorge SamanthaLarryDanaThomasFritzieRosanneMichaelGailWendyBrianGordonMaryJosephSeanCatherineKevinChristopherNinaNicholasDiannePaulAaronMarkScottJohnLeslieEdwardRyanAndrewMartinMitchGertrudeD.RobertGinaStephanieDianeJesseOgochukwuRobertKathyLeslieValerieLillianSchantellColinDianaPatrickConstanceAmandaAllisonAndreMargaretAmievaAnthonyBatsonBauerBedfordBerkleyBerkshireBradfordCarriereComegysCrawford-AbbensettsDayeDeanDienerDwyerEkwuabuGrovesHesterHoldenHolnessJacksonReneeJenkinsToniJenningsJewellKesslerKueblbeckLevittLipesLukeyMachadoMalsbaryMartinMatthewsMoshiashwiliNelsonOlsonPainePattersonM.PittsPuntneyQuirionRavinRogersRoyarSargentSegeeSelmanStorckToomeyTrabocchiVammenVeltzWeinerWescottWiggins LAW SCHOOL PRO BONO Arizona State University Sandra Day O’Connor College of Law Alyssa Dragnich Concord Law School at Purdue University Global Scott Johnson Georgetown University Law Center Judson Adams Josh SherryLaurenTiernanKatieMichelleRobertAnnieClaireEmilyElizabethMeaganMatthewIanLaurenAdlerBidwellCarricoDoyleEdmondsFrayMarshallMaxaMorganMursteinPerezRosenbergStillZhangYu Golden Gate University School of Law Daniel Devoy Rutgers Law School, Civil Practice Clinic Traci Overton Sandra Day O’Connor College of Law, Arizona State University Ann Ching Seton Hall University School of Law Katherine Moore Stetson University College of UniversityLaw at Buffalo School of Law Rina Stacey-RaeHernandezSimcox
Jeff
University of Baltimore School of Law
Puerto Rico School
Law Monica Pascual William & Mary Law School David Boelzner Caleb Stone PUBLIC SECTOR PRO BONO Better Lives for Soldiers Denise Meenan Equal Rights Center Megan Brooks Equal Justice Works Krista Selnau Environmental Defense Center Rachel Kondor Koch JackieCompaniesWilliams National Veterans Benefits Attorneys Brandon Steele National Veterans Legal Services Program Christopher Toms Native American Disability Law Center Steve Tarnowski Neighborhood Legal Services Program Elizabeth Denise Curtis Paralyzed Veterans of America Linda JenniferBlauhutZajac The Veterans Consortium Judy ElannaSamanthaCaitlinDoneganEnsFarishLochan Vietnam Veterans of America Alec HeatherFeliciaJustinGhezziHuberMullaneyOlson
AnneEmilyIkromJenniferAlexanderMichaelLarryDevinHayesLattugaMcCammonMcgonnigalThomasMoretaRochaOmonovThomasUstynoski
The George Washington University Law School
Alexander Blewett III School of Law at the University of Montana Hillary Wandler The Catholic University of America Columbus School
Ruth RebeccaKylerJacobMatthewRoxanneNataleeAfiesimamaBallCassidyParkerReiskinSmithWatson
Katy Clemens Blair Thompson
University of of
The second day of training focused on “Military Discharge Upgrades”, and was hosted by Danica Gonzalves, Esq., Director of our Discharge Upgrade Program, which is sponsored by the DAV Charitable Service Trust. This Program is nationwide and seeks to serve veterans wrongly given an Other Than Honorable Discharge due to conduct related to Post-Traumatic Stress Disorder (PTSD) and/or Traumatic Brain Injury (TBI). Danica trained viewers who attended this session on how to apply for a change in the veteran’s discharge characterization so they can become eligible for VA Onbenefits.thethird day, Samantha Farish, Esq., our Equal Justice Works Fellow hosted by Morgan, Lewis & Bockius LLP, led a training on “Veterans Benefits Advocacy/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, and receive compensation for their disability or injury.
TVC Honors Our Veterans with Week of Service Training
“You all do a great job on this. My mentor…is great. I am pacing myself but would like to take on more and more of these at no cost to the veteran…this is truly a win-win.”
Day one featured “Appellate Advocacy before the U.S. Court of Appeals”, taught by Courtney L. Smith, Esq., TVC Director of Volunteer Outreach & Education.
— TVC VOLUNTEER ATTORNEY
Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT 23Removing Barriers To Access: Meeting Veterans Where They Are
In May 2020, TVC held our first Week of Service training. Our intention was to celebrate Memorial Day through training new volunteers to serve our nation’s veterans. These sessions were held over May 26-May 28 via Zoom conferencing. Doing our training online helped us to reach a new class of potential volunteers nationwide while accounting for everyone’s safety and comfort level.
Veterans who have had claims unjustly denied by the Department of Veterans Affairs (VA) apply for and are assigned a TVC volunteer, who will then provide the veteran with pro bono representation at the U. S. Court of Appeals for Veterans Claims (CAVC) in order for the veteran to regain eligibility for benefits. Courtney trained these new volunteer attorneys on how to represent our deserving veterans at this level.
Each training session was at capacity and we welcomed over 170 new members to our National Volunteer Corps! We hope to continue this type of training going forward to continue to best meet the needs of our volunteers and our veterans.
SUMMER 2020 DAVID ISBELL INTERNS, MATTHEW PARKER was a rising 3L at The George Washington University Law School when he joined TVC as an intern. 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 GW, he served 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. During his summer internship and fall externship, he was able 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
e operate the Veterans Consortium Legal Scholars Program as part of our mission to encourage and facilitate pro bono representation by law school clinical and other appropriate programs. This effort introduces law students to the federal Veterans Pro Bono Program and exposes them to careers serving veterans and their families, caregivers, and survivors.
“I COME FROM A LARGE MILITARY FAMILY BACKGROUND, and having witnessed our servicemembers commitment and sacrifice first-hand, I wanted an opportunity to serve the community that selflessly served us.”
RINA HERNANDEZ was a 3L at The University at Buffalo School of Law at the time of her TVC internship. 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, Rina was 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. Rina completed rotations in TVC’s Remands, Discharge Upgrade and Appeals programs. After law school, Rina intends 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.”
2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are24
W
TVC Legal Scholars Program
“SERVING NON-CITIZEN VETERANS THROUGH naturalization is a perfect blend of my family background. One of my grandfathers was a Korean War veteran; the other an immigrant to the United States. I’m excited for this opportunity and very grateful to Northrop Grumman and Covington & Burling LLP for their sponsorship of my fellowship and of this important initiative.”
25Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT
TVC Welcomes Two Equal Justice Works Fellows
NICQELLE GODFREY GREW UP IN Sacramento, California and recently earned her JD from Georgetown University Law Center. She is sponsored by Northrop Grumman Corporation and Covington & Burling LLP. Her two-year project focuses on the development of a program to provide education, support, and free legal services to immigrants seeking naturalization through military service. Nicqelle will develop a referral program that can be delivered to veterans organizations to expand the reach of this program. She will also conduct outreach to create a new Volunteer Corps to identify and train new attorneys. Finally, she will provide free legal assistance to veterans who are applying for military naturalization and appealing naturalization denials.
“IT HAS BEEN EXCITING TO SEE OUR TEAM collaborate closely with Chesley and Nicqelle to design these groundbreaking projects and then celebrate their selection as EJW Fellowships. We are deeply grateful to their sponsors, Northrop Grumman Corporation, Covington & Burling LLP and Lockheed Martin Corporation for investing in these young lawyers and supporting new initiatives in veterans law.”
“GROWING UP IN A MILITARY FAMILY, I WITNESSED firsthand the sacrifices veterans and their families must make. I’m passionate about making sure our veterans receive the help they deserve and I’m very grateful to Lockheed Martin for sponsoring me and allowing me to serve women veterans.”
During their two-year fellowships, Chesley and Nicqelle will advance the cause of justice for veterans, their families, caregivers, and survivors. Their respective projects have the potential for enormous impact on the lives of our veterans.
T
CHESLEY ROBERTS, ORIGINALLY FROM Tallahassee, Florida, is a recent JD graduate from Stetson University College of Law. Her two-year project, sponsored by Lockheed Martin Corporation, focuses on the legal needs of women veterans and the unique issues they face. She will support the recently launched TVC Pro Bono Legal Clinic for Women Veterans, which is held at the Washington, D.C. VA Medical Center’s Women’s Health Clinic (DC VAMC). This legal clinic is exclusively for women veterans and staffed by female volunteer attorneys. Chesley will help to manage the clinic, provide direct legal services, and research and compile resources to navigate certain legal issues and other barriers that women veterans face. Chesley will work with our volunteer attorneys, law schools, and Veteran Service Organizations to further understand and address issues that impact the lives of female veterans.
— Steve Jordon, TVC Executive Director
he Veterans Consortium was fortunate to have been selected to host two outstanding Equal Justice Works Fellows who will join us to support new initiatives focused on serving the needs of veterans. We are very grateful to their sponsors, Lockheed Martin Corporation, Northrop Grumman Corporation and Covington & Burling LLP, for their generosity and commitment to veterans and to supporting real life solutions to serve their unique needs
George Washington Uni versity Law School
Thank you to the following volunteer attorneys who participated in this very successful DU clinic:
Ian MatthewCarricoDoyle
Our Legal Advice & Referral Clinic for all veterans was held virtually and run by TVC Staff Attorney Caitlin Ens. Our additional Pro Bono Week Women Veterans Legal Clinic was also virtual. TVC Equal Justice Works Fellow Chesley Roberts, who is sponsored by Lockheed Martin Corporation, ran this clinic as part of our Women Veterans Legal Assistance Program. Currently, these clinics both serve veterans in the DMV. Our virtual Discharge Upgrade Legal Clinic was nationwide. We were able to serve several veterans and their family members in the DC Metro Area. We accomplished this thanks to the services and support of the following members of our TVC National Volunteer Corps members and Mission Partners.
26
Emily Thomas
Jim JonathanAmeliaSharonBethanyO’ConnellMillerPhillipsRideauSalzman
Georgetown University Law Center
PNC BANK Jamie Whetzel
Removing Barriers To Access: Meeting Veterans Where They Are
LaPonzina Law, P.C. Falen LaPonzina
BLANK ROME Jayme PegZacharyRichardFrankThomasButcherCialinoDanteMcMahonPerkinsHill Masha
forOchrochKrystal*AlexandriaTrainorPopovnakAspecialthankyoutoKaneandKathyfromBlankRomespearheadingtheeffort.
Our Pro Bono Week Discharge Upgrade clinic served 23 veterans nationwide. Attorneys from Blank Rome LLP and PNC Bank volunteered. This was the first virtual event for the Discharge Upgrade Program and we look forward to holding more clinics in the future.
DC Pro Bono Week 2020
Equal Justice Works
2020 ANNUAL REPORT
Ikrom Omonov
Natalee Ball Matthew Parker
Columbus School of Law
Duane Morris LLP
Joe HeidiKristinaFerrettiGillKenKeaneLunasin
Krista Selnau
In honor of DC Pro Bono Week 2020, TVC hosted three simultaneous legal clinics to serve our nation’s veterans. Our clinics, which took place on October 30th, represented three lines of service that we provide.
Inexpected.October
Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT 27
On Tuesday, March 10, The Veterans Consortium launched the Pro Bono Legal Clinic for Women Veterans at the Washington, DC VA Medical Center (DC VAMC) in the Women’s Health Clinic. This new initiative is part of our standing Medical-Legal Partnership (MLP) with the DC VAMC.
Working closely with the leadership of the Women’s Health Clinic, our Mission Partners at Duane Morris LLP, and with the overwhelming support from the General Counsel of the Department of Veterans Affairs, we launched the Monthly Pro Bono Legal Clinic for Women Veterans in 2020- the fourth such clinic in our nation. This was a team effort and a great example of collaboration and the social impact of Medical-Legal Partnerships. We look forward to this clinic becoming a template for others around the country.
In May 2017, a Memorandum of Understanding (MOU) was signed by TVC, Neighborhood Legal Services Program (NLSP), and the DC VAMC to establish TVC’s Veterans Pro Bono Legal Clinic in the Transition & Care Management Center (TCM). Although the clinic is well utilized by veterans, it was clear to our staff and volunteers that women veterans were not accessing this free resource in the numbers that we would have 2019, as part of a Pro Bono Week initiative, we decided to host a pilot legal clinic for women veterans in the Women’s Health Clinic at the DC VAMC, staffed only by women attorneys. This would allow women who served to seek out legal services without having to leave a designated safe environment. The Women’s Health Clinic is a space exclusively for women and staffed by female providers. It is a “safe space” where women veterans feel protected from sexual harassment and other inappropriate behavior by men. The pilot clinic was very well received. We served 20 women veterans that day and it was clear that we needed to provide this service on a regular basis, in a space where women veterans were more likely to engage, share their experiences and seek out resources.
Inaugural Legal Advice & Referral Legal Clinic for Women Veterans
28 2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are 2020 Staff MARY BENTON Client & Veterans Law Specialist JIM CARLSEN, ESQ. Director of Program Operations BRIAN CLUBB, ESQ. Staff Attorney, Discharge Upgrade Program TY COLLIER, ESQ. Staff Attorney GIOVANNA COPAT Paralegal, Client Services CLAUDIA DALEY Director, Communications and Development JUDY DONEGAN, ESQ. Deputy Executive Director ANNA EAKER Client Services Specialist CAITLIN ENS, ESQ. Staff Attorney SAMANTHA FARISH, ESQ. 2020 Equal Justice Works Fellow DANICA GONZALVES, ESQ. Discharge Upgrade Program Manager STEPHEN JORDON Executive Director
29 PETER GREGORY Volunteer Outreach & Education Coordinator CATE JACKSON OutreachClient/StakeholderCoordinator MIKE KAIL, ESQ. Director of Program Operations CATHY KLINGLER Docket Administrator JOSIE PEERY Office Administrator SANDY PETERSON Director, Client Services COURTNEY SMITH, ESQ. Director, OutreachVolunteer&Education DEE WALLACE Discharge Upgrade Program Specialist LEONCE WILSON Veterans Law Specialist PAUL COOK Senior Fellow ED GLABUS Senior Fellow SCOTT BILLIGMEIER Senior Fellow Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT
2020 ANNUAL REPORT Removing Barriers To Access: Meeting Veterans Where They Are30 STATEMENTS OF FINANCIAL POSITION (AUDITED) DECEMBER 31, 2020 ASSETS Cash and cash equivalents $1,564,589 AccountsInvestmentsreceivable 1,266 Prepaid expenses 61,614 TOTAL ASSETS $1,681,469 LIABILITIES AND NET ASSETS Liabilities Accounts payable and accrued expenses $48,477 Accrued salaries and related benefits 107,182 Deferred grant revenue DAV 701,170 Deferred grant revenue - LSC 199,178 Deferred grant revenue - Equal Justice Works 33,333 Deferred rent liability 17,371 Total Liabilities 1,115,643 Net Assets - unrestricted 565,826 TOTAL LIABILITIES AND NET ASSETS $1,681,469 STATEMENT OF ACTIVITIES (UNAUDITED) YEAR ENDED DECEMBER 31, 2020 REVENUE Legal Services Corporation - Veterans Pro Bono Program $2,702,810 Corporate contributions & Events 224,024 Americorps, Equal Justice Works Grants and DAV Chartiable Service Trust 304,911 Donated Investmentservicesincome 5,194 TOTAL REVENUE $3,236,939 ProgramEXPENSEServices Legal Services Corporation - Veterans Pro Bono Program $2,765,239 Discharge Upgrade 229,912 Donated Funds - The Pro Bono Program 69,101 Total Program Services 3,064,252 Supporting Services Volunteer Appreciation 10,105 TOTAL EXPENSE 3,074,357 CHANGE IN NET ASSETS 162,582 Net Assets - beginning of year 403,242 NET ASSETS - END OF YEAR $565,826 SUMMARY OF DONATED FUNDS AND EXPENSES (UNAUDITED) Contributions available as of 12/31/2020 433,797 Contributions received as of 12/31/2020 625,000 Interest earned 1/1/2020 - 12/31/2020 1289 TOTAL CONTRIBUTIONS/INTEREST $192,492 LESS Expenses Paid from Contributions 1/1/2020 - 12/31/2020 $102,500 CONTRIBUTIONS AVAILABLE AS OF 12/31/2020 $625,000 FINANCIALS WITH LINES (PER EXCEL) Financials
Removing Barriers To Access: Meeting Veterans Where They Are 2020 ANNUAL REPORT 31 Our Report Card Since 1992 VeteransHandledRequests 55,000 Success Rate 82% Cases Placed 7,420 Attorneys Trained 5,250 Value of Donated Services $126M Your gift helps ensure veterans and their loved ones receive the care, benefits, and compensation they earned by serving our country. Online Via PayPal © The safer, easier way to pay online! You may indicate at checkout if your donation is being made in memory of someone. Direct Mail Checks made payable to The Veterans Consortium can be mailed to 2101 L Street NW, Suite 840 Washington, DC 20037 In-Kind Donations Please contact via email at outreach@ vetsprobono.org to discuss ways that you or your friends can support our work through in-kind donations. CFC# Donation We participate in donations through the Combined Federal Campaign program. We appreciate your considering us. CFC#: 95004 All donations are tax-deductible to the full extent of the law. If you would like to make a donation in memory of a veteran that has served our Country, or a volunteer attorney that has given their time to serve veterans, please contact outreach@ vetsprobono.org. GIVE TODAY. CFC#: 95004 @vetsprobonowww.vetsprobono.org#theyfoughtforus Connect with us
The Veterans Consortium Pro Bono Program (TVC) is the leading national 501 (c)(3) charity providing free legal services in federal venues for veterans in need. For more information about our program, please contact us: The Veterans Consortium 2101 L St NW, Suite 840 Washington, DC 20037 Phone: 202-628-8164 Toll Free: 888-838-7727 Email:www.vetsprobono.orgmail@vetsprobono.org @vetsprobono #theyfoughtforus
