CLE: Nuts and Bolts of Military and Veterans Law - Jan 7 in Atlanta

Probono.Net reports:

"This seminar will discuss many of the hottest topics in the area of Military Law and Veterans Law, to include employment and reemployment rights on the military side under the provisions of the Uniformed Services Employment and Re-Employment Rights Act and becoming an accredited representative for veterans' cases. The information will be presented in a nuts and bolts format.

Nuts and Bolts of Military and Veterans Law
Thursday January 07 , 2010
By: ICLE in Georgia, State Bar of Georgia Military and Veterans Law Section
Time: 9:00 AM - 12:00 PM
Location:
The W Hotel - Midtown
188 14th Street, NE
Atlanta, GA
Map: maps.google.com
Contact:
State Bar of Georgia
Website: www.gabar.org
Military/Veterans Law Section Seminar, Thursday, January 7, 2010, 9:00 p.m. to 12:00 noon. Registration begins at 8:30 a.m.
PRESIDING: D. Kent Shelton, Co-Chair, Military/Veterans Law Section, State Bar of Georgia, D. Kent Shelton, P.C., Austell, GA

Melinda K. Hart, Co-Chair, Military/Veterans Law Section, State Bar of Georgia, United States Department of Veterans Affairs, Atlanta

SEMINAR DESCRIPTION: This seminar will discuss many of the hottest topics in the area of Military Law and Veterans Law, to include employment and reemployment rights on the military side under the provisions of the Uniformed Services Employment and Re-Employment Rights Act and becoming an accredited representative for veterans' cases. The information will be presented in a nuts and bolts format.
Credit: 3 CLE hours

Co-Sponsor: Military/Veterans Law Section, State Bar of Georgia
REGISTER in advance HERE.
CLE Credit Comments: 3 hours

More Information: http://www.probono.net/calendar/event.286869-Nuts_and_Bolts_of_Military_and_Veterans_Law

Stop-Loss Payments - Apply Now!

Congress passed legislation to compensate servicemembers who were stop-lossed after September 11, 2001. Eligible persons, including survivors of deceased servicemembers who were stop-lossed, have 1 year to apply. It may be wise to apply ASAP, and that means online.

• Air Force: http://www.afpc.randolph.af.mil/stoploss/ 
• Army: https://www.stoplosspay.army.mil
• Marine Corps: https://www.manpower.usmc.mil/stoploss (note: this site had a security certificate problem when I accessed it but is probably safe)
• Navy: e-mail NXAG_N132C [at] navy.mil

ALERT: The window to apply for payment ends on October 21st, 2010. That may seem like a long time, but wouldn't you feel silly if you put it off, and then forgot?  Can't you use the money you're owed NOW?

If you know someone who was stop-lossed, or is the survivor of someone who was stop-lossed, tell them!

LEARN MORE:
http://www2.iava.org/o/436/t/8492/tellafriend.jsp?tell_a_friend_KEY=5800

New legal, financial protections stall out (Army Times)

A legislative update in Army Times:

New legal, financial protections stall out

By Rick Maze - Staff writer
Posted : Tuesday Oct 13, 2009 12:00:58 EDT

"Improvements in legal and financial protections for troops and their families were removed from the final version of the 2010 defense authorization bill because of questions about which congressional committee is responsible for changes to the Servicemembers’ Civil Relief Act.

The decision by congressional negotiators leaves in limbo the Military Spouse Residency Relief Act that the Senate had added to the annual defense policy bill and an expansion of the types of contracts that can be canceled or suspended without penalty for service members who are deployed or transferred to a new duty station. That provision, involving cellular phone service, Internet and cable services, and utilities, was part of the House-passed defense bill.
Jurisdiction over the Servicemembers’ Civil Relief Act rests with the House and Senate veterans’ affairs committees, which objected to having the provision included in HR 2647, the defense authorization act for fiscal 2010. Removal of the provision was one of the many compromises made by congressional negotiators as they prepared a final defense bill, which the House passed Oct. 8. The Senate is expected to vote on the final defense bill this week.
What happens with the military spouse and contract cancellation legislation depends on the veterans’ committees, which are slow to pass compromise legislation.

The Senate passed the military spouse residency bill as separate legislation Aug. 4, and it is now pending in the House.

However, the record of the House and Senate getting identical veterans bills passed and signed into law is slight.

1 veterans bill passed

Nineteen veterans-related bills have passed the House of Representatives this year, but only one has also passed the Senate and been signed into law. That measure provided the same cost-of-living adjustment to veterans and their survivors as is received Dec. 1 by Social Security recipients, which this year is likely be no increase. A second veterans’ bill, providing advance funding for Veterans Affairs Department medical programs beginning in 2011, passed the House last week and is expected to pass the Senate this week.

The House Veterans’ Affairs Committee’s economic opportunity panel has taken the first step in resurrecting the spouse residency and contract cancellation proposals. The subcommittee met last week to approve HR 1182, its version of the military spouse residency provisions involving homeownership, voting rights, taxation and other residency issues, and HR 2874, which would expand protections from contract termination fees.

Passage of the two bills by the full House Veterans’ Affairs Committee could happen as early as Oct. 28, aides said.

House and Senate aides said they believe the two veterans’ affairs committees will reach a compromise on an omnibus bill that could include the provision stripped from the defense bill, but they were not willing to predict when that might happen.

Spouse residency

The residency bill for spouses includes a provision that would allow spouses accompanying service members on official reassignments to keep their voter registration in a state where they no longer live and let them vote by absentee ballot in federal, state and local elections. Another provision would allow spouses to maintain residency in another state for tax purposes as a result of an official move by a service member.

The contract cancellation bill pending in the House would make changes in termination provisions all ready in law;

Current law allows service members to cut a cell phone contract without having to pay a termination fee if they deploy or make a permanent change-of-station move. The bill would extend this penalty-free cancellation right to family cell phone plans.

Also, HR 2874 would protect service members from having to pay an early termination fee for canceling a residential lease. Such cancellation is allowed under current law, but service members may have to pay termination fees.

Current law allows service members who are deploying or moving to a new assignment to cancel motor vehicle leases with no termination penalties."

• Full article: http://www.armytimes.com/news/2009/10/military_SCRA_Congress_101309w/
• There's still time to contact Congress; why not telephone your local Congresscritter's office?

Agent Orange Benefits Extended to More Veterans

From the VA press release (October 13, 2009):

VA Extends “Agent Orange” Benefits to More Veterans
Parkinson’s Disease, Two Other Illnesses Recognized

WASHINGTON – Relying on an independent study by the Institute of Medicine (IOM), Secretary of Veterans Affairs Eric K. Shinseki decided to establish a service-connection for Vietnam Veterans with three specific illnesses based on the latest evidence of an association with the herbicides referred to Agent Orange.

The illnesses affected by the recent decision are B cell leukemias, such as hairy cell leukemia; Parkinson’s disease; and ischemic heart disease.

Used in Vietnam to defoliate trees and remove concealment for the enemy, Agent Orange left a legacy of suffering and disability that continues to the present.  Between January 1965 and April 1970, an estimated 2.6 million military personnel who served in Vietnam were potentially exposed to sprayed Agent Orange.

In practical terms, Veterans who served in Vietnam during the war and who have a “presumed” illness don’t have to prove an association between their illnesses and their military service.  This “presumption” simplifies and speeds up the application process for benefits.

The Secretary’s decision brings to 15 the number of presumed illnesses recognized by the Department of Veterans Affairs (VA).  

“We must do better reviews of illnesses that may be connected to service, and we will,” Shinseki added. “Veterans who endure health problems deserve timely decisions based on solid evidence.”

Other illnesses previously recognized under VA’s “presumption” rule as being caused by exposure to herbicides during the Vietnam War are:

·         Acute and Subacute Transient Peripheral Neuropathy

·         Chloracne

·         Chronic Lymphocytic Leukemia

·         Diabetes Mellitus (Type 2)

·         Hodgkin’s Disease

·         Multiple Myeloma

·         Non-Hodgkin’s Lymphoma

·         Porphyria Cutanea Tarda

·         Prostate Cancer

·         Respiratory Cancers, and 

·         Soft Tissue Sarcoma (other than Osteosarcoma, Chondrosarcoma, Kaposi’s sarcoma, or Mesothelioma)

Additional information about Agent Orange and VA’s services and programs for Veterans exposed to the chemical are available at www.publichealth.va.gov/exposures/agentorange.

More has to be done, such as recognizing our Blue Water Agent Orange Survivors, but at least this is progress.

VA Education Benefit Advance Payments

Emergency Payments for Veterans Awaiting VA Educational Benefits
https://advancepay.gibill.va.gov/

"Secretary of Veterans Affairs Eric K. Shinseki has authorized advance payments up to $3,000 for Veterans who have applied for VA educational benefits and who have not yet received their monthly education payments.

If you are a Veteran who has applied for one of VA’s education programs and have not yet received your monthly benefit payment for the Fall 2009 term, you can submit a request for an advance payment on this website.

Advance payments will be issued by the U. S. Treasury within 3 workdays (Monday through Friday) following submission of this request. Payments will be in the form of a check sent through the U.S. mail. You should therefore anticipate an additional 3 days (excluding Sundays) for the U.S. Postal Service to deliver your check.

You can also visit one of VA’s 57 regional offices across the country to immediately receive an advance payment. You will need to bring a photo ID and your course schedule when you visit the regional office. A list of VA’s regional offices is available at www.vba.va.gov/VBA/benefits/offices.asp.

The advance payments will be reconciled with future education payments owed to you."

MORE INFO: https://advancepay.gibill.va.gov/

It would be better to have no problems, but the VA deserves credit for dealing with this one instead of sweeping it under the rug. It's gonna take a while to fix the mess.

Free Mental Health Help for Iraq & Afghanistan veterans & families

Give an Hour is a nonprofit currently dedicated to meeting the mental health needs of the troops and families affected by the ongoing conflicts in Iraq and Afghanistan, including counseling individuals, couples and families, and children and adolescents for anxiety, depression, substance abuse, post-traumatic stress disorder, traumatic brain injuries, sexual health and intimacy concerns, and loss and grieving.

Members of our warrior community interested in help should check here

For more general information, see its Brochure, Video, and Mission Statement:

"... Our organization is currently focusing on the psychological needs of military personnel and their families because of the significant human cost of the current conflicts. Over 1.9 million troops have been deployed in Afghanistan, Iraq, and the Persian Gulf since September 11, 2001. Nearly 550,000 of these troops have been deployed more than once. According to the U.S. Department of Defense, as of September 2, 2009, a total of 5,148 American troops have died in Iraq and Afghanistan. In addition, 35,205 U.S. troops have been injured during these conflicts.

In addition to the physical injuries sustained, countless servicemen and servicewomen have experienced psychological symptoms directly related to their deployment. According to a RAND report released in April 2008, over 18 percent of troops who have served in Iraq and Afghanistan--nearly 300,000 troops--have symptoms of post-traumatic stress or major depression. At the same time, about 19 percent of service members reported that they experienced a possible traumatic brain injury. And let us not forget: millions of Americans belong to the families of these servicemen and servicewomen. Spouses, children, parents, siblings, and unmarried partners of military personnel are all being adversely affected by the stress and strain of the current military campaign.

Our military leaders are well aware of the human cost of this campaign. Indeed, they are attempting to address the psychological needs of the troops through a variety of programs within the military culture. Unfortunately, the tremendous number of people affected makes it impossible for the military to respond adequately to the mental health needs in its greater community. For example, according to the RAND study, only 43 percent of troops reported ever being evaluated by a physician for their head injuries. Moreover, returning combat veterans suffering from depression, anxiety, and post-traumatic stress disorder (PTSD) are not routinely seeking the mental health treatment they need. RAND also reports that only 53 percent of service members with PTSD or depression sought help over the past year.

A major barrier preventing military personnel from seeking appropriate treatment is the perception of stigma associated with treatment. Many fear that seeking mental health services will jeopardize their career or standing. Others are reluctant to expose their vulnerabilities to providers who are often military personnel themselves, given the military culture’s emphasis on strength, confidence, and bravery. Servicemen and servicewomen might be more inclined to seek help if they know that the services provided are completely independent of the military. By providing services that are separate from the military establishment, we offer an essential option for men and women who might otherwise fail to seek or receive appropriate services.

We are also offering services to parents, siblings, and unmarried partners who are not entitled to receive mental health benefits through the military. Although these individuals may have access to mental health services through other means, they are less likely to seek the help they need and deserve if that help is difficult to find or costly. Our goal is to provide easy access to skilled professionals for all of the people affected by the current war. The participating mental health professionals offer a wide range of services including individual, marital, and family therapy; substance abuse counseling; treatment for post-traumatic stress disorder; and counseling for individuals with traumatic brain injuries. Whether it is a young military wife who is anxious because her four-year-old has had nightmares since her husband’s deployment or a father who is struggling to cope with his son's loss of a leg as a result of an explosion in Iraq, both will receive the assistance they need to move through their experience. The healthier the support system for the returning troops, the lower the risk of severe or prolonged dysfunction within these military families..."

MORE AT http://www.giveanhour.org

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Thanks to NCHV for the link!

VA Staffs Office for Survivors of Vets, Service Members

VA Press Release of interest to lawyers for our warrior community:

WASHINGTON (Sept. 28, 2009) -- To strengthen the programs of the
Department of Veterans Affairs (VA) for the survivors of the nation's
Veterans and military personnel, the Department has staffed an office to
serve as their advocate, with a charter that includes creating or
modifying programs, benefits and services.

"Taking care of survivors is as essential as taking care of our Veterans
and military personnel," Secretary of Veterans Affairs Eric K. Shinseki
said. "By taking care of survivors, we are honoring a commitment made to
our Veterans and military members."

The office serves as the primary advisor to the secretary on all issues
affecting the survivors and dependents of deceased Veterans and service
members. It will monitor VA's delivery of benefits to survivors, make
appropriate referrals to VA offices for survivors seeking benefits and
explore innovative ways of reaching survivors who are not receiving the
VA benefits for which they are eligible.

VA benefits for eligible survivors include educational assistance, home
loan guaranties, health care insurance and Dependency and Indemnity
Compensation, a monthly payment to the survivors of some people who die
on active duty and some seriously disabled Veterans.

More than 554,000 spouses, dependents and other survivors of Veterans
are receiving VA benefits. That figure includes nearly 5,000 spouses of
World War I Veterans, 90 spouses and 94 children of Spanish-American War
Veterans, and two children of Civil War Veterans.

The establishment of this office was authorized in the Veterans Benefits
Improvement Act of 2008."

PRESS RELEASE:
http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1786

Federal appeals court to decide suit over wounded veterans

The LA Times reports:

"Court-ordered mediation has failed to settle a lawsuit over delayed and denied care for wounded veterans so the case now goes to a U.S. 9th Circuit Court of Appeals panel, the court reported Tuesday.

Two veterans groups brought suit in 2007, alleging systemic failures in the Department of Veterans Affairs' processing of disability claims. They noted that 3,000 veterans die each year while their appeals are pending, and 18 veterans commit suicide each day on average, many suspected to be acts of despair by those with untreated post-traumatic stress disorder.

In a push for an out-of-court settlement after an Aug. 12 hearing in the case, 9th Circuit Chief Judge Alex Kozinski suggested that lawyers for the veterans and the government "go and get a sandwich together." Kozinski said he saw goodwill on both sides to do right by those hurt while serving their country and ordered the parties to seek help from the court's mediation service.

More than a month later, the veterans' pro bono lawyer, Gordon Erspamer, and Department of Justice attorney Charles Scarborough reported to the court that they were "unable to reach any agreement to utilize mediation as a vehicle for resolving the appeal."

Kozinski indicated at the hearing that the court might find it difficult to compel the veterans agency to process claims faster. A district court judge who heard the veterans case last year declined to intervene, saying the claim denials and treatment delays were unjust but beyond the court's power to rectify. It was that decision that prompted Veterans for Common Sense and Veterans United for Truth to appeal to the 9th Circuit.

The 9th Circuit panel, which includes Judges Proctor Hug Jr. and Stephen Reinhardt along with Kozinski, has no deadline for issuing a decision. Most appeals take at least a few months to be decided and complicated cases can remain under deliberation for more than a year."

By Carol J. Williams
September 16, 2009

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MORE:

• 9th Circuit Court of Appeals
• Veterans for Common Sense
• Veterans United for Truth

PTSD Compensation Simplification Rules Await Your Comment

Just publised in the federal register:

"The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations governing service connection for posttraumatic stress disorder (PTSD) by liberalizing in some cases the evidentiary standard for establishing the required in-service stressor.

This amendment would eliminate the requirement for corroborating that the claimed in-service stressor occurred if a stressor claimed by a veteran is related to the veteran’s fear of hostile military or terrorist activity and a VA psychiatrist or psychologist confirms that the claimed stressor is adequate to support a diagnosis of PTSD, provided that the claimed stressor is consistent with the places, types, and circumstances of the veteran’s service and that the veteran’s symptoms are related to the claimed stressor.

This amendment takes into consideration the current scientific research studies relating PTSD to exposure to hostile military and terrorist actions. It is intended to acknowledge the inherently stressful nature of the places, types, and circumstances of service in which fear of hostile military or terrorist activities is ongoing.

With this amendment, the evidentiary standard of establishing an in-service stressor would be reduced in these cases. This amendment is additionally intended to facilitate the timely VA processing of PTSD claims by simplifying the development and research procedures that apply to these claims.

DATES: Comments must be received by VA on or before October 23, 2009.

ADDRESSES: Written comments may be submitted through http://
www.Regulations.gov; by mail or handdelivery to Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. (This is not a toll free number).

Comments should indicate that they are submitted in response to ‘‘RIN 2900–AN32—Stressor Determinations for Posttraumatic Stress Disorder.’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management ... In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at http://www.Regulations.gov...."

MUCH MORE INFORMATION in the Register here.

Here's the press release from the VA :

"WASHINGTON – Secretary of Veterans Affairs Eric K. Shinseki announced the Department of Veterans Affairs (VA) is taking steps to assist Veterans seeking compensation for Post-Traumatic Stress Disorder (PTSD).

“The hidden wounds of war are being addressed vigorously and comprehensively by this administration as we move VA forward in its transformation to the 21st century,” said Secretary Shinseki.

The VA is publishing a proposed regulation today in the Federal Register to make it easier for a Veteran to claim service connection for PTSD by reducing the evidence needed if the stressor claimed by a Veteran is related to fear of hostile military or terrorist activity. Comments on the proposed rule will be accepted over the next 60 days. A final regulation will be published after consideration of all comments received.

Under the new rule, VA would not require corroboration of a stressor related to fear of hostile military or terrorist activity if a VA psychiatrist or psychologist confirms that the stressful experience recalled by a Veteran adequately supports a diagnosis of PTSD and the Veteran's symptoms are related to the claimed stressor.

Previously, claims adjudicators were required to corroborate that a non-combat Veteran actually experienced a stressor related to hostile military activity. This rule would simplify the development that is required for these cases.

PTSD is a recognized anxiety disorder that can follow seeing or experiencing an event that involves actual or threatened death or serious injury to which a person responds with intense fear, helplessness or horror, and is not uncommon in war.

Feelings of fear, confusion or anger often subside, but if the feelings don't go away or get worse, a Veteran may have PTSD.

VA is bolstering its mental health capacity to serve combat Veterans, adding thousands of new professionals to its rolls in the last four years. The Department also has established a suicide prevention helpline (1-800-273-TALK) and Web site available for online chat in the evenings a www.suicidepreventionlifeline.org/Veterans." -August 24, 2009

Cushman v. Shinseki: Constitution Requires Fairness in Veterans Disability Claims

Noting that the "right of due process of applicants for veterans' benefits is an issue of first impression for this court" the United States Court of Appeals for the Federal Circuit has reversed a Court of Appeals for Veterans Claims (CAVC) judgment where a veteran's due process right to a fair hearing was violated by tainted medical evidence.

Spelling out what would seem to an ordinary person to be patently obvious, but seems to have eluded CAVC for decades, the court ruled a veteran "has a constitutional right to have his claim for veteran’s disability benefits decided according to fundamentally fair procedures."

Read the Full text on Findlaw; Cushman v. Shinseki offers hope to a great many Americans!

And thanks again to Larry Scott of VA Watchdog for giving this the publicity it deserves!

Free Grant Writing Services for VISNs 1-23

From the Homeless Veterans Provider Technical Assistance Center:

"Free Grant Writing Services for VISNs 1-23

The free grant writing workshops provide participants the skills needed to prepare a Grant and Per Diem and Per Diem Only application. The workshops will consist of didactic instruction, exercises, and the provision of handouts and other resources.

OVERVIEW TO THE GRANT AND PER DIEM (GPD) GRANT:

Objectives:

• To increase your awareness of the Capital Grant and Per Diem Only program opportunities under the VA Homeless Providers GPD Program and determine your eligibility
• To help you determine whether or not you want to apply for the GPD
• To provide you with information to complete a grant application

DEVELOPING A BUDGET USING OMB CIRCULARS:

Prerequisites:

• Completion of a Governor's Institute training AND
• Current or pending 501(c)3 status (if your organization does not have non-profit status, please call us toll free at 1-877-838-8221)

Objectives:

• To provide an overview of developing a budget in compliance with OMB guidelines
• To enhance your skills in developing a budget and completing the federal forms
• To provide information about other grant opportunities

YOU MAY REGISTER FOR ONE OVERVIEW WORKSHOP AND/OR ONE DEVELOPING A BUDGET WORKSHOP.

Please do not register for the Developing a Budget Workshop only, unless you are registered for both days or have completed a Governor's Institute training.

TECHNICAL ASSISTANCE AND CONSULTATION:

• Individualized review of your grant application with feedback and suggestions
• Individualized consultations by phone and e-mail

You must register online.
Registration will close 2 weeks prior to the event due to travel arrangements of the trainer(s).

We reserve the right to adjust our workshop schedule and policies as necessary. Please click on Privacy Policy to review our procedures.

Registration Questions: Please contact our registrar.
Phone: (919) 843-3018 E-mail: bhrinstitute@listserv.unc.edu

Content Questions: Please contact
Kristy Termina, MSW (kristy.termina@governorsinstitute.org) or
David Zell (david.zell@governorsinstitute.org) or
call toll free at 1-877-VET-TAC1 (1-877-838-8221)

A minimum number of participants is needed for a training to occur.
If a workshop is closed or full and you are still interested in attending, please contact Kristy Termina or David Zell.

***Please contact your Network Homeless Coordinator or GPD Liaison if you do not see a workshop in your VISN.

*** Please see the Network Coordinators' button at the top left of the screen."

MORE INFORMATION:
http://homelessvetprovidertac.net/index.php?Itemid=44

Louisiana Legal Assistance to Military Personnel (LAMP)

The legal community in Louisiana provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community

Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". Here is a list for the state of Louisiana.

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else.

• LawHelp.org/LA is a good, general-purpose place to start looking for law help in Louisiana; its pages include How to Get Legal Help, a directory of Legal Services organizations, and more.

Private Practice Attorneys

The Louisiana State Bar Association has a good Lawyer Referral and Information page, giving tips on finding a lawyer and how to work with one. Typically, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount, especially if you are easy to work with. In addition to the Lawyer Referral and Information page, you may wish to the Findlaw website's city-by-city list of lawyers in Louisiana who are interested in representing active-duty military personnel, military reservists, and veterans.

Educating Yourself

One way that the warrior community can fix its continuing shortage of legal resources is to train up a corps of veterans as lawyers and other legal professionals. Loyola University School of Law has Programs for Veterans page and consider becoming a lawyer, paralegal or legal secretary in service to your community.

For Lawyers

The Louisiana State Bar Association has a Military Law Committee who

"... to coordinate statewide efforts to assist in legal matters affecting active, reserve and other members of the military and their families and to inform and advise Bar members of matters relating to the practice of military law in Louisiana. ..."

You can join it here.

LSBA's directory of Legal Services organizations may be another way to find programs you'd wish to support.

Law students at Tulane may participate in its Military Law Society, although I haven't seen whether it hosts clinics for military personnel or veterans.

It is likely that there are other Louisiana programs, sponsored by local bar associations, law schools, and others. Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

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See also

• ABA Military Pro Bono Project
• State-by-state list of LAMP programs

Kansas Legal Assistance to Military Personnel (LAMP)

The legal community in Kansas provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community

Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". Here is a list for the state of Kansas.

The Kansas State Bar (KBA) has announced:

"The KBA has reactivated its “Project Call Up” program, which matches Kansas National Guard and military reservists with volunteer lawyers who will draft basic wills and/or durable powers of attorney at no charge. Project Call Up was originally initiated during the “Desert Storm” conflict in 1990-91 and was also operational during the aftermath of the September 11 attacks.

“The members of the Kansas Bar Association are committed to helping and honoring fellow citizens who serve our country and sacrifice for all of us,” said KBA President Michael P. Crow of Leavenworth.

For more information or to be matched with an attorney in their area, Kansas National Guard and military reservists are encouraged to contact the KBA at (785) 234-5696 from 8 a.m. to 5 p.m. Monday through Friday."

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else. In particular, Kansas Legal Services host several helpful resources:

• The Public Law Library hosted by Kansas Legal Services is a good, general-purpose place to start looking for law help in Kansas
• The Kansas Legal Services Get Help page itself offers several types of help, such as a referral service, hotlines, and civil legal advice and representation for income eligible persons.

Private Practice Attorneys

Typically, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount, especially if you are easy to work with.

The Kansas State Bar has a lawyer search page that lets you search for lawyers and mediators by a variety of criteria, such as local or field of practice, e.g. "Military Law". Search here.

The Findlaw website has a city-by-city list of lawyers in Kansas who are interested in representing active-duty military personnel, military reservists, and veterans. There are several lawyer referral services in Kansas, run by organizations such as the Kansas City Metropolitcan Bar Association, the Witchita Bar Association and Kansas Legal Services. Another choice may be to find an arbitrator or a mediator; Kansas City Metropolitcan Bar Association offers help finding arbitrators & mediators.

For Lawyers

According to the Kansas Bar Association website

"The KBA is seeking members to draft basic wills as well as durable powers of attorney on a pro bono basis for families of reservists who are on alert or called to active duty.

This important community service program aptly named “Project Call Up” was originally initiated during the Desert Storm conflict and was reactivated in 2001 in the aftermath of the 9/11 attacks.

To participate or for more information, please contact Meg Wickham at (785) 234-5696 or via e-mail at mwickham@ksbar.org. You will be glad that you did!"

KBA does not appear to have a Section dealing with legal assistance to military personnel, but it is likely that there are other Kansas programs, sponsored by local bar associations, law schools, and others. Organizing such a program in your local or subject-matter bar association would be a great opportunity to provide a needed service! Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

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See also

• ABA Military Pro Bono Project
• State-by-state list of LAMP programs

Advocate Training (Free!)

If you're interested in advocating for veterans, get free training from the National Veterans Legal Service Program. From its website:

"From the very beginning, one of NVLSP’s primary missions has been to train advocates in veterans law so that they can efficiently help veterans secure benefits from the Department of Veterans Affairs.

During the last 26 years, we have conducted training programs for groups of non-attorney advocates as well as groups of attorneys.

On a continuing basis, NVLSP trains service officers from major service organizations – The American Legion, The Military Order of the Purple Heart and Vietnam Veterans of America. We have also developed and conducted training programs for other groups of non-attorneys in a wide variety of organizations including The National Association of State Directors of Veterans Affairs, The National Association of County Veterans Service Officers, Veterans of Foreign Wars of the United States, AMVETS, and state and county departments of veterans affairs.

Additionally, NVLSP regularly trains attorneys as part of the Veterans Consortium Pro Bono Program. We have also developed and conducted training programs for attorneys in organizations including The Legal Services Corporation, The National Legal Aid and Defender Association, The National Association for the Advancement of Colored People, and state bar associations.

In-Person Training Sessions

Whether you are seeking training for non-attorney advocates or attorneys, we will work with you to customize a training program that meets the needs of your organization. We are available to conduct one-day to four-day training sessions.

For further information or to schedule training, please contact Ronald B. Abrams, Esq. at ron_abrams@nvlsp.org

Correspondence Courses Also Available

If you don't require in-person training, consider NVLSP's Correspondence Advocate Training Programs."

Getting some of this free training should be a no-brainer. Hosting such a program can be a way to buildup your local bar association or group of law firms while improving your capacity to serve this underserved population. Check it out!

New Jersey Legal Assistance to Military Personnel (LAMP)

The legal community in New Jersey provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community

Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". Here is a list for the state of New Jersey.

Servicemembers and veterans alike may find a lot of resources with the New Jersey Department of Military and Veterans Affairs, such as a Veterans Guide, link to Service Offices, lots of forms, and more.

The New Jersey Bar Association has organized a remarkable Military Legal Assistance Program, as follows:

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"The Military Legal Assistance Program is a pro bono program established by the New Jersey State Bar Association, through its Military Law and Veterans' Affairs Committee, in conjunction with McCarter & English, L.L.P. This program provides free legal assistance to eligible military personnel. To be eligible for the program you must:

• be a New Jersey resident;
• be a member of the reserve components of the armed forces (Army National Guard, Army Reserve, Air Force Reserve, Air National Guard, Navy Reserve, Marine Corp Reserve, etc.); and
• have been called to active duty and deployed in Iraq or Afghanistan since 2001.

The Military Legal Assistance Program offers legal assistance to eligible military personnel in three areas:

• Family Law
• Employment Law
• Debtor-Creditor Law

Please call 888-541-1900 to request assistance. If you are eligible for assistance, your case will be referred to a volunteer who can assist you with your specific legal issue."

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General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else.

• Find Legal Help.Org has a good, general-purpose Consumers' Guide to Legal Help / New Jersey
• New Jersey Legal Services offers a toll-free hotline.

Private Practice Attorneys

Typically, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount, especially if you are easy to work with. The Findlaw website has a city-by-city list of lawyers in New Jersey who are interested in representing active-duty military personnel, military reservists, and veterans .

New Jersey county bar associations have set up over 20 Lawyer Referral Services.

For Lawyers

The New Jersey Bar Association (through its Military Law and Veterans' Affairs Committee, in conjunction with McCarter & English)

established a Military Legal Assistance Program to help New Jersey residents who have served overseas as active duty members of reserve components of the armed forces after September 11, 2001. To learn more and/or volunteer, contact the program here.

You may also find many pro bono opportunities through Pro Bono NJ.org/ especially through its pro bono opportunities guide.

It is likely that there are other New Jersey programs, sponsored by local bar associations, law schools, and others. Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

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See also

• ABA Military Pro Bono Project
• State-by-state list of LAMP programs

GI Bill to Create Lawyers?

One way to improve legal services to servicemembers, veterans and their families is to turn some of them into legal professionals. The post-WW2 GI Bill was notable in this regard.

As for today's GI Bill, the Department of Veterans Affairs GI Bill Website implies, on its Welcome page, that GI Bill benefits can be applied to law school, and similar programs, e.g. paralegal and legal secretary.

A Law School would appear to qualify as an "Advanced Degree". To the extent that law school tuition exceeds the "highest in-state undergraduate tuition rate", addition aid may be available through the "Yellow Ribbon" program.

Most excitingly, GI Bill may be available to support Law Clerking programs such as WSBA's Rule 6 Law Clerking Program as a form of "On-the-Job or Apprenticeship Training". The VA gives as examples of this type of training "Union Plumber, Hotel Management and Firefighter"; Law Clerking is unarguably similar in form. VA reimburses the veterans at a fraction of the full time GI Bill rate, starting at 75% of the full-time GI Bill rate for the 1st six months and falling to 35% of the full-time GI Bill rate for the remainder of the training program, and also provides that the student may also receive a salary from your employer. That latter provision may make law clerking, currently a necessarily low-paying gig, practical for more veterans. The hang-up would be finding law firms or other organizations (e.g. government departments) willing to take on a clerk; however perhaps the current economic difficulties can make clerks a value proposition all around.

Some or all of these benefits may be transferrable to qualified spouses. This may be an economical and efficient way to serve the veteran community.

An organized effort to turn some of our veterans into legal professionals will pay big dividends. But how to start?

Boone v. Shinseki: Was Veterans' Appeal Timely?

Paralyzed Veterans of America's attorneys are frequently involved in cases involving veterans' rights. One recent example is Boone v. Shinseki, in which a veteran filed an appeal with the VA which sat on it instead of telling the veteran of his error or forewarding the appeal to the appropriate court. From PVA's Legal Issues Page:

"Paralyzed Veterans’ attorneys represented the veteran in the recently decided case of Boone v. Shinseki in the Court of Appeals for Veterans Claims.

Since its decision in Henderson (see below), the Court has been struggling with jurisdictional issues such as the one presented by this case: Did a veteran file his appeal on time if he inadvertently filed it with VA instead of the Court, and then VA waited too long to send it to the Court?

While Paralyzed Veterans argued that there are legal reasons the veteran should be allowed to continue his appeal, the Court found in Boone and similar cases that the veteran had actually filed a motion for reconsideration with the Board of Veterans’ Appeals. This holding preserves a possible future appeal for the veteran but avoids other jurisdictional questions.

• Read the Boone decision»
• Read the Boone pleadings:Memorandum»Reply»
• Listen to the oral argument»

MORE: http://www.pva.org/site/PageServer?pagename=rights_gc

Minnesota Legal Assistance to Military Personnel (LAMP)

The legal community in Minnesota provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community

• Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". As of 2013, it showed one office in St. Paul:
  133rd Minnesota Air National Guard Legal Office
  631 Minuteman Drive
  St. Paul, MN 55111
  Phone: 612-713-2509
  More general information is on the JAG Corps Legal Assistance Page.
• The Minnesota National Guard Office of the Staff Judge Advocate (OSJA) offers general legal assistance to servicemembers, their dependents and retired servicemembers in a variety of areas.
• Veterans will want to check with the Minnesota Department of Veterans Affairs
• The Minnesota Assistance Council for Veterans: its  Veterans Linkage Line 1-888-LINKVET (546-5838) offers information on veterans' benefits, healthcare, education, and reintegration PLUS Crisis Counselors for for immediate crisis intervention and psychological counseling 24/7. It also has a civil legal assistance program.
• The Minnesota Attorney General has a very helpful Guide for Military Service Personnel and Veterans
• The Minnesota State Court's Self-Help center includes a webpage about special laws and rules about legal actions involving members of the military, such as How to Find a Person's Military Status, The Rights of Servicemembers in Civil Court Cases, and more links of Legal Help for Servicemembers. Learn More Here.

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else.

• LawHelpMN is a good, general-purpose place to start looking for law help in Minnesota; it has a page specifically tailored to help veterans.
• Minnesota State Court's Self-Help center.

Private Practice Attorneys

Typically, a lawyer in private practice will listen to your situation, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount, especially if you are easy to work with (e.g. have all your forms with you.)

• The Minnesota State Bar has a Find A Lawyer page with a variety of resources, including a web-based referral system that lets you look for lawyers interested in a particular kind of case (e.g. "military law") or by keyword (e.g. "veterans")
• The Findlaw website has a city-by-city list of lawyers in Minnesota who are interested in representing active-duty military personnel, military reservists, and veterans .

For Lawyers

• The Military & Veterans Affairs Section of the Minnesota State Bar was organized in 2012 to educate its members and members of the Minnesota State Bar Association about the practice of military law and veterans affairs, provide opportunities for its members to network, and to improve the practice of military law and veterans affairs in the Minnesota legal community. If you're a Minnesota attorney interested in this area, seriously consider joining this section!
• VETLAW/Minnesota Assistance Council for Veterans provides assistance throughout Minnesota to positively motivated veterans and their families who are homeless or experiencing other life crisis. Many of these veterans have unresolved legal issues, primarily civil but sometimes including criminal expungements
• One way to find volunteer programs in Minnesota directly addressing the warrior community is to go to the MSBA Pro Bono Directory. In the "Working With" field, pick "Veterans" and his "search". It'll give you a list of programs that include veterans in their target clientele
• See also:
• Minnesota Volunteer Attorney Program: http://www2.mnbar.org/MVAP/
• Pro Justice MN: http://www.projusticemn.org/ "Minnesota's online poverty law resource for pro bono and legal services practitioners, law students, and faculty advising low-income or disadvantaged clients."

It is likely that there are other Minnesota programs, sponsored by local bar associations, law schools, and others. Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

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See also

• ABA Military Pro Bono Project
• State-by-state list of LAMP programs

VA Relaxes Enrollment for Non-Disabled Veterans

Larry Scott, of VA Watchdog dot Org (a site well worth following), provides another useful heads-up:

VA RELAXES ENROLLMENT FOR NON-DISABLED VETERANS

"Priority Group 8 income threshold now raised by 10% giving more non-disabled vets access to VA health care.

In January of 2003, to save money, then VA Secretary Anthony J. Principi ordered his agency to stop enrolling Priority Group 8 veterans. These are veterans with no service-connected disabilities and whose income / assets is above certain geographic thresholds. Official VA definition is:

Group 8: Veterans with income and/or net worth above the VA national income threshold and the geographic income threshold who agree to pay copays.

Today ( June 15, 2009 ) the rules change.

The income threshold will go up by 10% thus allowing over 250,000 more veterans into the VA health care system. A full explanation is on this VA page.

An example: If your threshold was $28,000, add $2,800 ( 10% ) and the new threshold is $30,800.

NOTE: If you are a Group 8 veteran who has been turned down, don't assume anything. Find out for sure if you qualify. The VA has an enrollment calculator you can use to find out for sure. Go to this VA page, enter all your info, and see if you now qualify."

Read Larry's full report Here.

Oklahoma Legal Assistance to Military Personnel (LAMP)

The legal community in Oklahoma provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community

Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". Here is a list for the state of Oklahoma.

Veterans may wish to check the Oklahoma Department of Veterans Affairs, the Oklahoma Offices of the Federal VA and the several Veterans Centers in Oklahoma; while I don't see lawyer-specific programs there, they do offer help with a variety of problems. Veterans having difficulties with the law should investigate Tulsa's innovative Veterans Court (see the MTV Report Here!) Incarcerated veterans should check out this Oklahoma-specific guide.

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else.

• OK Law is a good, general-purpose place to start looking for law help in Oklahoma
• Legal Aid OK helps eligible low-income people and senior citizens with civil legal problems.
• The Oklahoma State Bar Association lists more such resources on its helpful Low Cost or No Cost Legal Assistance page

Private Practice Attorneys

Typically, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount (it does no harm to ask!) The Findlaw website has a city-by-city list of lawyers in Oklahoma who are interested in representing active-duty military personnel, military reservists, and veterans. Also, there are lawyer referral services run by the Oklahoma State Bar Association and by the Tulsa County Bar Association.

For Lawyers

According to Operation Enduring Lamp, the Oklahoma Bar Association has

"...a Committee, which has been coordinating with the local military units. Bar maintains list of volunteer lawyers who will provide pro bono services to service members and/or dependents.

While I have not found a link to that Committee or a Section serving our warrior community, this growing field of practice might provide an opportunity to new or experienced lawyers looking to take the lead; contact the Oklahoma Bar Association.

If you're interesting in pro bono generally, check out ProBonoNet/OK.

It is likely that there are other Oklahoma programs, sponsored by local bar associations, law schools, and others. Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

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See also

• ABA Military Pro Bono Project
• State-by-state list of LAMP programs

Agent Orange Equity Action on Facebook

Our Blue Water Navy veterans of Vietnam need our help in getting help with their Agent Orange Injuries, as mentioned earlier in Agent Orange Equity Act of 2009 (HR 2254, 111th Congress)

A network is rapidly forming, of citizens calling Congress to politely (please!) ask our Congresscritters whether they back the bill and, if not, why not. If we get enough people asking, they will act; imagine having to explain to your constituents that you oppose this!

The network, hosted by Facebook, is called Support Passage of Agent Orange Equity Act 2009 - H.R.2254. I hope you will consider joining us (and whether or not you do, call Congress now ... what reason can you have to delay?)

Together, we can get this done. The technology makes it easier, but we need to make the call and then tell our friends.

New York Legal Assistance to Military Personnel (LAMP)

The legal community in New York provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community

Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". Here is a list for the state of New York.

Many of New York State's local bars have a variety of programs to provide some help for the warrior community, according to this list.

City Bar Justice Center has a Veterans Assistance Project providing pro bono assistance with disability benefits claims before the New York City Regional Office of Veterans Affairs.

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else.

• Law Help New York is a good, general-purpose place to start looking for law help in New York
• The People's Law School is an online service of the New York State Bar that lets you learn about the law for free!
• Many local bars have community-support programs, such as the this one by the Onondoga County Bar Association.

Private Practice Attorneys

Typically, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount, especially if you are easy to work with. The Findlaw website has a city-by-city list of lawyers in New York who are interested in representing active-duty military personnel, military reservists, and veterans.

The New York State Bar Association has a Lawyer Referral Service, as do a number of local bar associations such as Brooklyn, and the County Bar Associations of Broome, Erie, Monroe, Nassau, Onondoga, Rockland, Tompkins, and others.

For Lawyers

Many of New York State's local bars provide some help for the warrior community, according to this list, and therefore can use your volunteering. Often you can get CLE credit for their training.

City Bar Justice Center has a Veterans Assistance Project providing pro bono assistance with disability benefits claims before the New York City Regional Office of Veterans Affairs. Among its organizational innovations is a Facebook group that simplifies participation. You may also wish to joint the City Bar's standing committee on Military Affairs & Justice that

"Addresses legal and policy issues affecting the United States armed services, and the operation of the Court of Military Justice."

Some local bar associations have similar committees, such as those of Brooklyn, Erie County, and Nassau County. If yours doesn't, you may be looking at a leadership opportunity!

The New York State Bar hosts a New York State Pro Bono Opportunities Guide that lets you look for specific types of pro bono work. For example, you can choose to work with "Veterans" either as a client group or as a legal subject matter. Its Pro Bono page has more general resources helpful to pro bono work.

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It is likely that there are other New York programs, sponsored by local bar associations, law schools, and others. Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

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See also

• ABA Military Pro Bono Project
• State-by-state list of LAMP programs