Monday, June 29, 2009

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?
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Saturday, June 27, 2009

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.


MORE: http://www.pva.org/site/PageServer?pagename=rights_gc
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Sunday, June 21, 2009

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


General-Purpose Resources

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

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

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!

See also

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Friday, June 19, 2009

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.
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Wednesday, June 10, 2009

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!

See also

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Monday, June 8, 2009

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.

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Sunday, June 7, 2009

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.

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!

See also

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Saturday, June 6, 2009

June 11/Seattle CLE: Interstate Compact on Educating Military Children

This training event is free to members of the Washington State Bar Association Section on Legal Assistance to Military Personnel (LAMP), which you can join easily before registering. It is part of the Section's periodic meeting and therefore aimed primarily at lawyers; however, if you are not an lawyer (and therefore not interested in CLE) but may be interested in the topic, contact the event host at dsmith@benbridge.com

Event Title:
The Interstate Compact on Educational Opportunities for Military Children

Time/Place:
Thursday, June 11th , 2009
11:30 a.m. ~ 1:00 p.m.
Ben Bridge Corporate Office
2901 3rd Avenue, 2nd Floor
Seattle, WA

1 CLE Credit applied for

Registration:
https://pro.wsba.org/forms/cle/Z90611.asp

Additional:
Please also return e-mail dsmith@benbridge.com if you plan to attend. You may elect to bring your own lunch, or a lunch will be provided for $10 by **advance order** no later than Monday, 6/8/09. E-mail dsmith@benbridge.com if you have any questions!
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Tuesday, June 2, 2009

Iowa Legal Assistance to Military Personnel (LAMP)

The legal community in Iowa provides Legal Assistance to Military Personnel in a variety of ways. If you know of ways that aren't listed here, please add a comment below!

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". While that database currently lists nothing for the state of Iowa. there are a few that are somewhat nearby.

General-Purpose Resources

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

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 Iowa who are interested in representing active-duty military personnel, military reservists, and veterans.

ISBA also has an inexpensive Find-A-Lawyer referral service

For Lawyers

The Iowa State Bar Association has a Volunteer Law Project that hosts a Pro Bono Assistance for Activated Military Personnel; to learn more and/or volunteer for service, click here.

ISBA has a Committee on Military Affairs with the purpose:
"This committee is to provide communication and understanding of military-civilian issues and relevant laws affecting military service members, veterans, and the general public which affect the practice of law in Iowa; to participate in continuing legal education seminars and provide a forum where members can share research, source materials and experiences; to sponsor military affairs programs and projects of special interest and relevance to the members of the committee, The Iowa State Bar Association , the military community, and the general public.
The committee shall be concerned with the means and methods by which members of the association provide legal aid to military service members in the National Guard, Reserves, and military members on Active Duty and shall coordinate with other pro-bono groups when possible in providing support to military service members. "
Interested attorneys should Contact the Committee.

It is likely that there are other Iowa 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!

See also

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