Monday, December 23, 2013

VADIP Dental Insurance for Veterans

Keep Them Smiling!
Are you a veteran looking for dental insurance? Although Congress has not authorized the VA to pay for dental care unless you are disabled, the VA has negotiated a new "VA Dental Insurance Program" (VADIP) that lets you purchase private dental insurance at a reduced cost.
  • Your participation is voluntary.
  • Purchasing a dental plan does not affect your eligibility for VA dental services and treatment.
  • Coverage begins January 1, 2014.
  • You pay a fixed monthly premiums for coverage and any copayments required, depending on the type of plan selected.
  • You may participate if you are a veteran or are in the CHAMPVA program.

What Do You Get

  • Delta Dental has three options: "Standard" "Enhanced" and "Comprehensive"
  • Met Life has two options: "Standard" and "High"
  • Each of them lets you add some dependents for a higher premium.

What Does It Cost

See Delta Dental Rate Calculator and Met Life Rate Calculator.
The costs vary depending on: 
  • where you live
  • the insurance company you pick 
  • the plan ("standard" or otherwise) you pick
  • the number of non-veteran dependents you include
  • Whether you are enrolling as a veteran or under the CHAMPVA program.
Each plan has a monthly premium, plus copayments. These are likely to change every year so you'll want to consult the latest plan documents. Don't be shy about calling both insurance agencies and trying to see if customer service can identify the plan that comes closest to your needs - just be sure your thought about what you need and WRITTEN IT DOWN FOR REFERENCE before you make the call - you don't want to forget something in the middle of the call!

I compared the 2014 monthly premium for  for Veteran only standard option:
  • Delta Dental 
    • Washington State (ZIP code 98204) $12.90
    • West Virginia (ZIP code 26054) $8.90 
  • Met Life
    • Washington State (ZIP code 98204)  $25.90
    • West Virginia (ZIP code 26054) $17.27 
Keep in mind that these are probably not identical plans; the difference in prices might be due to one having different coverage than the other - or it might not.
Your situation will vary so check for yourself!

Monday, November 25, 2013

Missouri Legal Assistance to Military Personnel (LAMP)

The legal community in Missouri 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". When I checked the State of Missouri in 2013, I got:
Location (Branch)Contact Information
MAPWhiteman AFB
(Air Force)
509 BW/JA
509 Spirit Blvd Ste 203
Whiteman AFB, MO 65305
Phone: 660-687-6809 DSN 975-6809
http://www.whiteman.af.mil/
MAPFort Leonard Wood
(Army)
Fort Leonard Wood
316 Missouri, Bld 315
Fort Leonard Wood, MO 65473
Phone: 573-596-0629 None
http://www.wood.army.mil/wood_cms/
  • Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else. Legal Services of Missouri hosts a free Legal Library, including links to legal services programs.
  • The Missouri Department of Public Safety Veterans Commission focusses on other topics, but offers help in screening of complaints from veterans regarding observance of Veteran's preference in federal hiring to the Director of Employment and Training  See http://mvc.dps.mo.gov/benguide/employmentassistance.asp
  • Reserve and Guard members, and their families, who are having problems during deployment or a year after, should contact the Hero At Home Program Phone: 1-800-728-JOBS. Learn more at https://worksmart.ded.mo.gov/documents/

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

For Lawyers


The Missouri State Bar according to its website,  has a Military Law Committee, but does not appear to have anything oriented towards veterans. This may be a growth opportunity for attorneys seeking to expand their practice.

More Resources?
There as to be other Missouri programs, sponsored by local bar associations, law schools, and others, in service to our warrior community. 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

How Can Stateside Legal Help You?

Stateside Legal is a website intended to help servicemembers, veterans and their family members and advocates with resources such as

  • Self-help legal information 
  • Teaching videos about servicemembers' rights under the SCRA 
  • Commonly used interactive forms 
  • An interactive map of free legal aid offices 
  • Research tools for legal advocates
  • Etc.
Servicemembers, veterans, their families and friends who can't find the resources they need for a legal issue should check out resources such as their "Find Local Help" page. On the other hand, if you provide such services, you should check to see that you are on that page and, if not, contact the website to get added. 

Wednesday, October 2, 2013

November 1: Webcast - Advocating for Veterans: The Basics on VA Benefits, Discharge Upgrades and Veteran Cultural Competency 2013

There are over 21 million veterans in the U.S.; many of them are not aware of the benefits to which they are entitled. Medical and financial assistance are available to men and women who have served in the military, but some who can qualify are not receiving the benefits that they need. Attorneys can assist veterans with the problems that preclude them from receiving benefits, such as:
  • Lack of proper paper trails to “service-connect” their injuries
  • Ineligibility for benefits for those given less than fully honorable discharges for behaviors that were related to post traumatic stress disorder or minor disciplinary infractions
Nearly 45% of veterans returning from Iraq and Afghanistan seek compensation from the Department of Veterans Affairs (VA) for service related injuries. A stunning 30% suffer from post-traumatic stress disorder.  Many of those who should receive benefits will be denied. All of them will wait months or years for the VA to issue decisions on their claims. Learn how to navigate the VA claims process and to become an effective advocate for veterans in need. This all day program will provide an overview of VA disability law and military discharge review law. You will gain an understanding of different types of military discharges, why they are important, and how you can help veterans with less than Honorable discharges.
The three morning sessions provide the basics you need to represent veterans before the VA. The morning sessions fulfill the VA’s requirement for qualifying CLE within the first 12 months of your VA accreditation.
The 1:45pm session, Veterans’ Cultural Competency: Combat to Community, will help veterans’ advocates to understand the challenges that veterans face in their transition to a noncombat community.
The 2:45pm to 5:00pm sessions will provide attorneys with the tools that they need to assist veterans in upgrading their discharge status and removing stigmatizing information from their discharge documents.
IMPORTANT!! GET ACCREDITED BY THE VA BEFORE YOU ATTEND THIS TRAINING.
  1. Attorneys and other advocates must be accredited to practice before the VA. To obtain accreditation you must complete this form: www.va.gov/vaforms/va/pdf/VA21a.pdf.
  2. Accreditation by the VA may take several weeks, so do not delay filing your application. You can speed up the process by emailing the form to OGCAccreditationMailbox@va.gov, and including a copy of your State Bar Certificate of Good Standing
  3. Within 12 months of accreditation you are required to complete three hours of qualifying CLE. The morning session of this program satisfies that requirement, but only if you have already received your accreditation from the VA.
Attorneys and other advocates who become accredited will be listed on a national VA list, and are entitled to represent veterans in their claims for benefits, on a pro bono basis, and for attorney’s fees on appeals, where they are available.
Title:
Advocating for Veterans: The Basics on VA Benefits, Discharge Upgrades and Veteran Cultural Competency 2013
When/Where:
November 1, 2013
9:00 AM Pacific
San Francisco, CA
Also Webcast
Speakers:

  • Co-Chair(s)
    • Theresa Mesa ~ Program Developer, Office of Legal Services, The State Bar of California
    • Teresa Panepinto ~ Legal Director, Swords to Plowshares
  • Bradford Adams ~ Skadden Fellow, Swords to Plowshares
  • Becca von Behren ~ Staff Attorney, Swords to Plowshares
  • Michael Blecker ~ Executive Director, Swords to Plowshares
  • Amy N. Fairweather ~ Policy Director, Swords to Plowshares
  • Starlyn Lara ~ Women Veteran Program Manager, Community Educator and Outreach Program Manager, Swords to Plowshares
  • Nicole M Perez ~ Staff Attorney, Legal Aid Foundation of Los Angeles
  • John Robert Unruh ~ Staff Attorney and Pro Bono Coordinator, Swords to Plowshares
  • Program Attorney: Christina Thompson ~ Program Attorney, Practising Law Institute
Credits:
Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming.
By:
Practising Law Institute
Cost:
Free
More Information And Registration

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Sunday, September 29, 2013

#Veterans Field Guild to Government Shutdown

You probably know that federal government expires Monday, September 30, 2013; while Congress could prevent a lapse, prudence requires planning for the possibility of a lapse.
VA's 2-page information sheet, the Veterans Field Guide to Government Shutdown summarizes the services that will be available and those that will be impacted by a lapse in appropriations.

The Veterans Health Administration is forward-funded and so VA will still be able to provide some services. All VA medical facilities and clinics will remain fully operational including inpatient/outpatient care, prescriptions, surgery, dental treatment, extended care, mental health care, nursing home care, special health care services for women Veterans and Vet centers.

Additional services that will be available:

  • Military sexual trauma counseling
  • Readjustment counseling services
  • Veterans Crisis Line
  • Insurance processing
  • Home loan processing
  • My HealtheVet – all services
  • Education benefits claims will be processed
  • Vocational rehabilitation payments will be processed
  • Compensation and pension claims will be processed
  • Acquisitions Logistics Center will accept and fill prosthetics supply orders
  • Office of Small and Disadvantaged Small Businesses will be open

Payments to be made Oct. 1 include disability and compensation, and education benefits payments.
See more:
http://www.va.gov/opa/docs/Field_Guide_20130927.pdf
And think about calling your Congresscritter!

Thursday, September 12, 2013

Washington State: New Military and Veterans Legal Resource Guide

PRESS RELEASE FROM WASHINGTON STATE ATTORNEY GENERAL

September 10, 2013

Washington State Attorney General Bob Ferguson today announced a new “Military and Veterans Legal Resource Guide” to help veterans, military personnel and their families understand their legal rights and protections. ...
The guide is available online and will be distributed throughout the state.
With approximately 640,000 veteran residents, Washington State has the 12th largest veteran population in the United States.  Washington is also home to a number of major military installations, such as Joint Base Lewis–McChord, Fairchild Air Force Base, Naval Base Kitsap, and Naval Air Station Whidbey Island. Between active duty military personnel and members of the National Guard and Reserve, there are about 62,000 service members in Washington. Taken together, veterans and military personnel account for more than 10 percent of Washington’s total population.
Get The Guide Here

Tuesday, September 10, 2013

October 18: Veterans Pro Bono Program Training - Sign Up Now!

Are you are an attorney interested in providing pro bono services to veterans? This program will provide you with:
  • A day-long training class on veterans' law issues.
  • When you accept a case referred from the Program, we will provide you with the following services:
  • A comprehensive analysis of the appellant's case as a guideline for the appeal;
  • Extensive legal research materials, including a CD-ROM with an on-line research capability;
  • A mentoring attorney to assist you in formulating your litigation strategy;
  • A case monitor, to ensure that no deadlines are overlooked during the appeals process; and
  • Malpractice insurance for any case you take through this program.
If you are interested in volunteering you must attend a day-long training. Trainings are scheduled several times a year. Learn more about the program.
Title:
Veterans Pro Bono Program Training
Nashville, TN
October 18, 2013
9:00AM to 5:00PM Eastern
Baker Donelson
211 Commerce Street, Suite 800
Nashville TN 37201
Baker Donelson will webcast the training live to 16 of its offices in the following locations:

  • Atlanta, GA
  • Birmingham, AL
  • Chattanooga, TN
  • Ft. Lauderdale, FL
  • Houston, TX
  • Jackson, MS
  • Johnson City, TX
  • Knoxville, TN
  • Macon, GA
  • Mandeville, LA
  • Memphis, TN
  • Montgomery, AL
  • New Orleans, LA
  • Orlando, FL
  • Washington, D.C.

The registration link allows you to select the webinar training you wish to attend. Register now! because space is limited.
If you are unable to attend this training, consider the November 22, 2013 training in DC
By:
The Veterans Consortium Pro Bono Program
More:
http://www.vetsprobono.org/volunteer-today/training-dates-for-volunteer-attorneys

Wednesday, July 10, 2013

Agent Orange Ship List Updated.

The Agent Orange Ship List has been recently updated.
Rather than copy that information here, let me recommend you go to the list because it will no doubt be updated again.
Also, if you think a ship not on the list should be, submit your information via the Ship Not On The List? page.
.

Friday, July 5, 2013

July 17/Web: VA Benefits Webinar: Fully Developed Claims

It is vital that our nation’s military heroes know about the quickest way to get their disability compensation and pension claims processed. Fully Developed Claims are processed more quickly by VA than traditional claims, which benefit Veterans and help reduce the claims backlog.The webinar will give attendees a basic understanding of how to apply for the program and resources they can use to refer Veterans to VA.
Title: 
Fully Developed Claims 
When/Where: 
The webinar will be offered twice on Wednesday, July 17th: 9:30-11:30 AM EDT and again at 1:30-3:30 PM EDT.
Webcast
Register:
Online at goo.gl/8QXV
Cost:
Free
Intended Audience:
Professionals who work with Veterans
More:
The ninety minute presentation will be followed by a thirty minute question and answer session for participants. Contact Paulette.Maten1@va.gov if you have other questions.
http://statesidelegal.org/va-benefits-webinar-fully-developed-claims

Thursday, July 4, 2013

New Mexico Legal Assistance to Military Personnel (LAMP)

The legal community in New Mexico 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"; simply enter the state you're in or your ZIP code and hit "search".
"In a time of national emergency our men and women in uniform and their families shouldn't have to worry about their legal rights at home. To protect these rights, New Mexico lawyers are ready to help. Fee basis will be determined on a case-by-case basis, depending on the condition of Soldier’s deployment, the legal issue, and the Soldier’s household income. Dependant on qualification, referrals may be made for pro bono consultations or for pro bono, reduced fee or full fee assistance. For assistance call (505) 797-6067 or 1-800-87-N-M-BAR (1-800-876-6227)  or email dmartinez@nmbar.org or fill out the Intake Form and email it."

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else; while these resources are not specifically designed for our warrior community, they can be helpful!

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.

For Lawyers

The New Mexico State Bar has an active Legal Assistance to Military Personnel (LAMP) referral program,
It is likely that there are other New Mexico 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.
Also, if you serve the military and veterans community, you may wish to ensure you're properly listed on the appropriate Avvo and Findlaw web resources. It's free advertising for you and helpful to your clientele!

See also

Monday, July 1, 2013

Apply Online For Veterans Benefits Now via #EBENEFITS

According to a VA Press Release (June 18, 2013), you can apply now for veterans benefits even if you have not collected all your records. Although you will need to get complete documentation as soon as possible for your claim to be processed, if you START your application NOW, then your benefits will start accumulating as of the day you started.
If you're a Veteran who is NOT registered with the VA Health Care System, STOP! Don't bother reading the rest of this post - GO TO EBENEFITS AND REGISTER NOW!
Otherwise ... In the past, you needed to complete an application and mail it it; then benefits started accumulating. This meant that the VA got a lot of paper, instead of the more easily processed electronic applications; it also meant that veterans missed out on days, weeks or even months of benefits because it takes time to gather papers.
That has now changed. Even if all that you know about your claim is your own name and the date you entered service (?how likely is it that you've forgotten that?) you should start the online application today so your benefits start accruing. You can go to a VSO office to fill out the rest of your claim - if they can't help you, then find another VSO that's a little smarter.
Here's the full press release:
"A new online application from the Department of Veterans Affairs (VA) enables disability compensation claims to be processed faster in a more end-to-end electronic environment, and VA is urging Veterans and their Veterans Service Organization  (VSO) representatives to make full use of its capabilities to receive speedier decisions and reduce the backlog of claims.

The availability of the joint VA-Department of Defense Web portal eBenefits, which now integrates with the new internal Veterans Benefits Management System (VBMS) electronic claims processing system, marks a major milestone in VA’s transformation from paper claims records to a fully digital operating environment, one of the keys to VA’s goal to eliminate the disability claims backlog by the end of 2015. VBMS has now been fielded at all 56 Regional Offices across the country, ahead of schedule.  VA will continue to upgrade and improve VBMS based on user feedback, and add features and tools that make it faster and easier to process claims. Instead of filling out and mailing paper forms to VA, Veterans can now use eBenefits to enter claim information online using a step-by-step, interview-style application, with pre-populated data fields and drop-down menus similar to popular tax preparation software.

“There are so many advantages to making this move from paper to digital – for both Veterans and VA” said Under Secretary for Benefits Allison A. Hickey. “Veterans can now file their claims online through eBenefits like they might do their taxes online.”

By filing electronically, any compensation benefits that are awarded will be effective back to the date the Veteran started entering their claim information in eBenefits.  From that initial claim establishment date, each Veteran has up to a year to gather all necessary records and hit “submit” to preserve their original date of claim.

eBenefits allows Veterans to upload digital images of records and evidence to support their claims, bypassing the need to physically mail in personal records and wait for confirmation of receipt. VA is advising Veterans to gather and submit all relevant medical records and file a Fully Developed Claim (FDC) in eBenefits, which entails entering all available evidence at the time the claim is submitted and verifying to VA that they have no more evidence to submit. Veterans filing an FDC will receive priority processing over the traditional claims process.   VA can typically process FDCs in half the time it takes for a traditionally filed claim, and there is no risk to Veterans in filing an FDC.  If VA finds that there is a piece of relevant evidence that was not submitted by the Veteran, but is needed for a rating decision (like private medical records), claims processors will work to obtain that evidence on the Veteran’s behalf and process the claim in the traditional way.

Once logged into eBenefits, Veterans can also choose to have an accredited VSO representative assist with their claim submission by filing an electronic power of attorney form.  Using a companion portal, the chosen VSO representative, with proper authorization, will be able to see the contents of a Veteran’s claim, track its status, and add additional information when needed. A Veteran and his representative can even work a claim simultaneously while both are logged into the system, enabling VSOs to assist more Veterans in their homes or even remotely.

VA will still accept claims in paper form, though processing may take longer than for an electronically-submitted claim.  As of this summer, VA scans all new paper claims and uploads them into VBMS so they too can be processed electronically, though without many of the benefits provided when Veterans initiate the process in eBenefits such as guided questions that help ensure complete and accurate information and the immediate receipt of information without having to wait for the scanning and processing of paper documents. In addition to filing claims online, registered eBenefits users can track their claim status and access information on a variety of other benefits, like pension, education, health care, home loan eligibility, and vocational rehabilitation and employment programs.

A free Premium eBenefits account is required to file claims electronically. The quickest and most convenient method of establishing a free premium eBenefits account is to complete the remote verification process through the eBenefits home page, or use DoD’s common access card (CAC) to register for and/or upgrade to a free premium account.  Veterans can also establish an account by telephone at 1-800-827-1000, option 7, if they are in receipt of VA benefits via direct deposit, or by visiting a VA regional office or TRICARE Service Center (if they are a military retiree). For the location of the nearest VA regional office, visit www.va.gov and search the VA regional benefits office locator.

While compensation claims are pending, eligible Veterans are able to receive healthcare and other benefits from VA.  Veterans who have served in recent conflicts are eligible for 5 years of free healthcare from VA. Currently, over 55% of returning Iraq and Afghanistan Veterans are using VA healthcare, a rate of utilization greater than previous generations of Veterans.

This is the latest effort in support of the Secretary’s plan to eliminate the backlog. On May 15, VA announced that it is mandating overtime for claims processors in its 56 regional benefits offices through the end of fiscal year 2013 to help eliminate the backlog, with continued emphasis on high-priority claims for homeless Veterans, those claiming financial hardship, the terminally ill, former Prisoners of War, Medal of Honor recipients, and Veterans filing Fully Developed Claims.

In April, VA announced an initiative to expedite compensation claims decisions for Veterans who have waited one year or longer.   On April 19, VA began prioritizing claims decisions for Veterans who have been waiting the longest by providing decisions based on evidence currently in hand that allow eligible Veterans to begin collecting compensation benefits quickly while waiting for their final eligibility decision.

For more information about VA benefits, go to http://www.benefits.va.gov.  For more information on VA’s Transformation, go to http://benefits.va.gov/transformation."

Saturday, June 15, 2013

June 24/Philadelphia: Pro Bono Representation Before the Department of Veterans Affairs

Title:
Pro Bono Representation Before the Department of Veterans Affairs
When/Where:
Monday, June 24, 2013
11am – 2pm
Marshall Dennehey
2000 Market Street, Suite 2300
Philadelphia, PA 19103
Credit:
This program has been approved for a total of 3.0 CLE credits in DE and PA (no ethics credit included). NJ attorneys can self-report with Widener Law's Certificate of Attendance.
Cost: 

  • PA Attorneys seeking credit - $1.50/credit hour payable to "Widener University" is required at the time of registration.
  • Others (including attorneys NOT seeking credit): contact the event provider

By:
Widener University
Click Here For More Information

Wednesday, June 12, 2013

July 12-14/San Diego: Taking the Court to Stand Down

The American Bar Association Commission on Homelessness and Poverty and the National Coalition for Homeless Veterans are hosting a free training that will take place during the actual San Diego Stand Down event. On the first day, participants will observe the different stages of the Homeless Court process which include: the clerk’s station, the prosecutor’s station, the defender’s station, and the Stand Down community. Participants will meet representatives of each stage of Homeless Court, learn about their role, and the process of each stage. On the second day, participants will observe the Homeless Court in session. On the third day of the event, participants will engage in a Homeless Court Program training session aimed at providing a review of the weekend and answering questions from observers.
This session will also include discussion of development of Homeless Court at Stand Down and what resources are needed to replicate the program in participants’ communities.
Preregistration required - register now to ensure seating! 
Title:
Taking the Court to Stand Down
When/Where:
July 12-14, 2013
San Diego Stand Down
San Diego, CA
By:
  • American Bar Association
  • National Coalition for Homeless Veterans
Credit: The event announcement does not mentioned CLE credit. However the content of the event appears to meet the requirements for CLE in some jurisdictions for attorneys who may file for credit.
More Information and Registration Directions are in this PDF

Wednesday, June 5, 2013

Ohio Military / Veterans Legal Assistance Project

The Ohio Military / Veterans Legal Assistance Project (OMVLAP) is set up to connect low-income veterans (and some active duty personnel) with volunteer lawyers willing to represent them pro-bono in matters of landlord/tenant evictions, credit card debt, employment law, and uncontested divorce and dissolutions.
OMVLAP anticipates most veterans seeking this legal help will be from the Iraq and Afghanistan eras, however this service will be available to all low-income Americans who once deployed with our nation’s military.

OMVLAP is an evolving project: the initial pilot will focus on legal issues arising in Franklin and contiguous counties, with the hope of soon connecting services throughout Ohio.

Learn more at: http://www.mvlap.org/


Also: Click here for more programs assisting our Military/Veteran community in Ohio.

Wednesday, May 29, 2013

Protect Our Defenders: a resource for MST survivors

A new resource for advocates for Military Sexual Trauma survivors is "Protect Our Defenders":
Protect Our Defenders educates the public and policymakers on the crisis of sexual violence in the military. Despite more than 25 years of Pentagon studies, task force recommendations and congressional hearings, rates of rape, sexual assault and harassment within the military remain unacceptably high. Survivors of sexual violence in the military must receive justice and appropriate medical support. And, their perpetrators must be held accountable for their crimes.
According to the Department of Defense, 19,000 service members were raped or sexually assaulted in 2010. Only 13.5 percent of these incidents were reported. The Pentagon’s 2011 annual report shows a 58.5 percent increase in reported sexual assaults at service academies. The current system of reporting, oversight, investigation and victim care is broken.
Survivors of rape and sexual assault encounter numerous obstacles in acquiring immediate and long-term care. They are often disbelieved, silenced, denied health care and discharged involuntarily. Again and again, survivors tell us that terms such as “personality disorder, bipolar disorder or conduct unbecoming” are imposed as false reasons for their discharge.
To address these problems, Protect Our Defenders engages policymakers on issues affecting service members and veterans who are victims of military sexual violence.
We urge concerned Americans to to join our community, to create a unified voice in support of legislation to fundamentally change the way the Department of Defense deals with the injustices facing service members and veterans who have suffered military sexual trauma. Sign Our Petition.
Learn more at http://www.protectourdefenders.com

Thursday, May 9, 2013

May 14/Web: Meeting Legal Needs of Homeless and At-Risk Veterans: VHA Programs for Justice-Involved Veterans

Earlier this year, the National Coalition for Homeless Veterans (NCHV) Technical Assistance (TA) Center hosted a training webinar on best practices for meeting the legal needs of homeless veterans to remove barriers to employment. This training introduced successful court models that connect veterans seeking treatment to needed legal services that prevent incarceration. When asked for additional needs after this training, webinar participants overwhelmingly requested more information on engaging with partners at their local VA Medical Centers to provide legal services.
On Tuesday, May 14, 2013, at 3 p.m. EDT, the NCHV TA Center will host “Meeting Legal Needs of Homeless and At-Risk Veterans: VHA Programs for Justice-Involved Veterans.” This Level II Training Webinar will feature issue-experts from the U.S. Department of Veterans Affairs, Veterans Health Administration: Sean Clark, National Coordinator, Veterans Justice Outreach, and Jessica Blue-Howells, National Coordinator, Health Care for Reentry Veterans.
For the past seven years, the Veterans Health Administration (VHA) has been providing direct outreach to veterans re-entering the community after serving a term in prison. Additionally, for the past four years, VHA has been providing direct outreach to veterans involved in arrests, jail incarceration, and treatment courts. Participants in this webinar will obtain a baseline understanding of the needs of justice-involved veterans and two VHA models that have been developed to assist veterans along the continuum of justice involvement.
Title:
Meeting Legal Needs of Homeless and At-Risk Veterans: VHA Programs for Justice-Involved Veterans
When/Where:
May 14, 2013
3 pm Eastern
Webcast - Preregistration Required - See below
Registration: 
To register, send the following information to hvrp@nchv.org:
Name:
Organization:
Email address:
Organization address:
Once you register, you will receive instructions for joining the training and a link to download the training materials. For additional questions, please contact Baylee Crone at bcrone@nchv.org or 202-546-1969.
By:
National Coalition for Homeless Veterans
CLE Credit:
While the sponsor of this event has not applied for CLE credit, the content and instructors appear to meet the requirements of various jurisdictions. The sponsor has told me that they will email certificates of attendance upon request.
More:
For NCHV latest news, resources and grant information, see www.nchv.org.

Monday, April 29, 2013

May 17/Bellevue, Seattle, San Francisco, Los Angeles, Portland OR +Anchorage, AK : Veterans Consortium Pro Bono Program Training

This program provides training free of charge to attorneys who agree to counsel and/or represent a veteran/VA claimant or family member before the Veterans Court. As well as receiving the day-long training, attorneys who participate are assigned a case that has been screened for merit and provided a screening memo outlining the issues in the case. Volunteers are also assigned a mentor (a practicing veterans’ law lawyer or practitioner) to give advice and share sample pleadings. Attorney
s also receive the Veterans Benefits Manual (VBM) and other resource materials.
Attorneys who participate receive free training in exchange for a commitment to handle at least one appeal that is before the Veterans Court. Attorneys with little or no prior veterans’ law experience are generally able to capably represent an appellant before the Veterans Court provided they attend the training seminar and maintain contact with their mentor. Most cases can be completed in 50 to 60 hours; many cases may require fewer hours. A typical case lasts about 1 year from the time that the attorney enters the case. Some cases may be resolved more quickly and some may take longer.
These trainings tend to fill up quickly, so register asap.
The in-person training is in Seattle; recently webcasts of this training have been added in five other West Coast cities. All volunteers should register through the online form (which has "Seattle" in the title) and then contact the Program to indicate your actual city, if other than Seattle, at Daniella@nvlsp.org)
Title:
Veterans Consortium Pro Bono Program Training
When/Where:
May 17, 2013
9:00AM to 5:00PM
Offices of Davis Wright Tremaine LLP:

  • Anchorage: 188 West Northern Lights Blvd. #1100, Anchorage, AK
  • Bellevue, WA: 777 108th Avenue NE, Suite 2300, Bellevue, WA
  • Los Angeles: Suite 2400, 865 South Figueroa Street, Los Angeles, CA
  • Portland, OR: Suite 2400, 1300 SW Fifth Avenue, Portland, OR
  • San Francisco: Suite 800, 505 Montgomery Street; San Francisco, CA
  • Seattle: Suite 2200, 1201 Third Avenue, Seattle, WA.
Registration is open!
By:
  • Veterans Consortium Pro Bono Program
  • Davis Wright Tremaine LLP
  • American Health Lawyers Association.
Credit:
These trainings have always featured a great many free CLE credit recognized in most or all mandatory CLE states.

Wednesday, April 24, 2013

Institutional Readmission Requirements for Servicemembers

Servicemembers seeking higher education can have problems when new orders conflict with their college and other arrangements, causing them to drop out of school. When they're able to get back into school again, readmission can sometimes be a problem but under Federal law, they have some protections, as detailed below. If these don't solve the problem, it can be worth consulting state law and perhaps the educational institution's own policies; sometimes college staff members themselves are veterans or otherwise sympathetic to the issue and may be able to dig up an interpretation of their rules to help out a servicemember.
Pay careful attention to the "notice" requirement. While notice is not required if there's a military necessity prevents it, and under the law oral notice may suffice, it is generally speaking a good idea to give notice in writing and to keep a copy of your own. Some people might type up a letter, email it AND send a paper copy; keep the email in an account that will be accessible to you when you need it.
The following FAQ from Ed.Gov describes federal readmission requirements:

1. What do the readmission requirements do?

They require institutions of higher education to promptly readmit with the same academic status a servicemember who was previously admitted to the institution but who did not attend, or did not continue to attend, because of service in the uniformed services.
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2. What is the purpose of the readmission requirements?
The purpose of the readmission requirements is to minimize the disruption to the lives of servicemembers, allowing them to return to an institution of higher education without penalty for having left because of their service. TOP


3. Where did the readmission requirements come from?
Congress added the requirements to the law in 2008 (section 484C of the Higher Education Act of 1965, as amended, or 20 U.S.C. 1091c). The U.S. Department of Education published regulations that further implemented the law on October 29, 2009. Many parts of the law and regulations are based on the Uniformed Services Employment and Reemployment Rights Act (USERRA) (38 U.S.C. 4301-4334) which establishes the process for servicemembers to return to employment after serving on active duty. The final regulations can be accessed athttp://www.ifap.ed.gov/fregisters/FR102909GeneralandNonLoanProgrammatic
FinalRule.html
. The United States Code (U.S.C.) can be accessed athttp://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=USCODE.
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4. When did the readmission requirements become effective?
The law went into effect August 14, 2008 (the day the law was enacted). The regulations went into effect July 1, 2010. The requirements are effective for readmissions of servicemembers on or after those dates. TOP


5. Which institutions of higher education must comply with the readmission requirements?
These requirements apply to any institution of higher education that participates in a Title IV Federal student financial aid program, such as the Pell Grant Program, Stafford Loan Program, or Federal Work-Study Program. For a list of all Title IV Federal student financial aid programs, go to the Department's "Student Aid on the Web" web site athttp://studentaid.ed.gov/PORTALSWebApp/students/english/funding.jsp#01and look under the heading "Federal Student Aid Programs." TOP


6. To whom do the protections of the readmission requirements apply?
The readmission requirements apply to servicemembers who perform service in the uniformed services, whether voluntary or involuntary, in the Armed Forces, including service as a member of the National Guard or Reserve, on active duty, active duty for training, or full-time National Guard duty under Federal authority (but not State authority), for a period of more than 30 consecutive days under a call or order to active duty of more than 30 consecutive days. TOP


7. Do the protections of the readmission requirements apply to servicemembers who must be absent from class for a short period of time to attend training?
No. The readmission requirements apply to servicemembers who have completely withdrawn from an institution for a period of service of more than 30 consecutive days. They do not apply to how an institution handles a servicemember’s absence from class to attend training. TOP


8. Are there any conditions a servicemember must meet to qualify?
Yes. An otherwise eligible servicemember qualifies if:

  1. The institution is given notice of the servicemember’s absence for service.
  2. The cumulative length of absences from the institution by reason of service does not exceed five years.
  3. The servicemember gives notice of his or her intent to return by the applicable time limit.
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9. What are the requirements for the notice of absence for service?
Notice of absence for service must be provided by the servicemember or an appropriate officer of the Armed Forces or official of the Department of Defense—that is, a commissioned, warrant, or noncommissioned officer authorized to give such notice. The notice of absence for service may be oral or written. It must be provided to an office designated by the institution and must be provided as far in advance as is reasonable under the circumstances. An institution must designate one or more offices that a servicemember may contact to provide such notification. An institution may not require that the notice follow any particular format. An institution may not establish a rule for timeliness (for example, a "brightline" deadline for submission); timeliness must be determined by the facts in a particular case. The notice does not need to indicate whether the servicemember intends to return to the institution. TOP


10. Are there any circumstances under which advance notice of service is not required?
Yes. Advance notice is not required if it is precluded by military necessity (for example, a mission, operation, exercise, or requirement that is classified; or a pending or ongoing mission, operation, exercise, or requirement that may be compromised or otherwise adversely affected by public knowledge). If advance notice was not given and was not precluded by military necessity, the servicemember or appropriate officer of the Armed Forces or official of the Department of Defense may submit an attestation when seeking readmission that the servicemember performed service that necessitated the servicemember's absence. TOP


11. How is a period of absence from the institution before, after, or in between performing service treated in determining the cumulative length of a servicemember's absences from the institution by reason of service?
The cumulative length of a servicemember's absences from the institution for service includes only the time the servicemember spent actually performing service in the uniformed services. A period of absence from the institution before, after, or in between performing service does not count (for example, the period between completing service and returning to the institution). TOP


12. Are there any types of service that do not count toward the five-year cumulative length of absences?
Yes. The five-year cumulative length of absences does not include service--

  • Beyond five years to complete an initial period of obligated service
  • During which servicemember was unable to obtain orders releasing from period of service before the expiration of the five-year period, through no fault of the servicemember
  • Performed by a member of the Armed Forces (including the National Guard and Reserves) who is ordered or retained on active duty under one of the following types of duty:
    • 10 U.S.C. 688 (involuntary active duty by a military retiree);
    • 10 U.S.C. 12301(a) (involuntary active duty in wartime);
    • 10 U.S.C. 12301(g) (retention on active duty while in captive status);
    • 10 U.S.C. 12302 (involuntary active duty during a national emergency for up to 24 months);
    • 10 U.S.C. 12304 (involuntary active duty for an operational mission for up to 270 days);
    • 10 U.S.C. 12305 (involuntary retention on active duty of a critical person during time of crisis or other specific conditions);
    • 14 U.S.C. 331 (involuntary active duty by retired Coast Guard officer);
    • 14 U.S.C. 332 (voluntary active duty by retired Coast Guard officer);
    • 14 U.S.C. 359 (involuntary active duty by retired Coast Guard enlisted member);
    • 14 U.S.C. 360 (voluntary active duty by retired Coast Guard enlisted member);
    • 14 U.S.C. 367 (involuntary retention of Coast Guard enlisted member on active duty); or
    • 14 U.S.C. 712 (involuntary active duty by Coast Guard Reserve member for natural or man-made disasters).
  • Performed by a member of the Armed Forces, including the National Guard and Reserve, who is order to or retained on active duty (other than for training)
    • under any provision of law because of a war or national emergency declared by the President or Congress
    • In support, as determined by the Secretary concerned, of an operational mission for which personnel have been ordered to active duty under section 12304 of Title 10, U.S.C.
  • Performed by a member of the Armed Forces, including the National Guard and Reserve, who is
    • Ordered to active duty in support, as determined by the Secretary concerned, of a critical mission or requirement of the Armed Forces (including the National Guard or Reserve)
    • Called into Federal service as a member of the National Guard under Chapter 15 of Title 10 U.S.C., or section 12406 of Title 10 U.S.C., (i.e., called to respond to an invasion, danger of invasion, rebellion, danger of rebellion, insurrection, or the inability of the President with regular forces to execute the laws of the United States).
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13. What are the requirements for notice of intent to return?
Notice of intent to return must be provided by the servicemember. It may be oral or written and must be provided to an office designated by the institution. An institution must designate one or more offices that a servicemember may contact to provide such notification. An institution may not require that the notice follow any particular format. In addition to providing notice, the servicemember must provide documentation to establish that--

  • He or she has not exceeded the cumulative five-year limit on absences from the institution; and
  • His or her eligibility for readmission has not been terminated (see Q&A21).
Documents that may be used for this purpose include:
  • DD (Department of Defense) 214 Certificate of Release or Discharge from Active Duty.
  • Copy of duty orders prepared by the facility where the orders were fulfilled carrying an endorsement indicating completion of the described service.
  • Letter from the commanding officer of a Personnel Support Activity or someone of comparable authority.
  • Certificate of completion from military training school.
  • Discharge certificate showing character of service.
  • Copy of extracts from payroll documents showing periods of service.
  • Letter from National Disaster Medical System (NDMS) Team Leader or Administrative Officer verifying dates and times of NDMS training or Federal activation.
The types of documents necessary will vary from case to case. Not all of these documents are available or necessary in every instance. An institution may not delay or attempt to avoid readmission of a servicemember by demanding documentation that does not exist, or is not readily available, at the time of readmission.
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14. What are the time limits for providing notice of intent to return?
Notice of intent to return must be provided not later than three years after the completion of the period of service. For a servicemember who is hospitalized for or convalescing from an illness or injury incurred in, or aggravated during, the performance of service, notice must be provided not later than two years after the end of the period that is necessary for recovery from such illness or injury. TOP


15. Does a servicemember who fails to provide notice of intent to return within the applicable time limit automatically forfeit eligibility for readmission to an institution?
No. A servicemember who fails to provide notice of intent to return within the applicable time period does not automatically forfeit eligibility for readmission to an institution, but is subject to the institution’s established leave of absence policy and general practices. TOP


16. What does it mean to "promptly readmit" a servicemember?
To promptly readmit a servicemember means that an institution must readmit the servicemember into the next class or classes in the servicemember's program beginning after the servicemember provides notice of his or her intent to reenroll, unless the servicemember requests a later date of readmission, or unusual circumstances require the institution to admit the servicemember at a later date. For example, a later date of admission would be justified if an institution must make efforts to help the servicemember become prepared to resume the program, and such efforts would not be completed in time for the servicemember to begin the next class. TOP


17. What does it mean to readmit a servicemember with the same academic status?
To readmit a servicemember with the same academic status means that the institution readmits the servicemember:

  • To the same program, unless the servicemember requests or agrees to admission to another program (if the servicemember’s program is no longer offered, the institution must admit the servicemember to the program that is the most similar);
  • At the same enrollment status (for example, full-time), unless the servicemember requests or agrees to a different enrollment status;
  • With the same number of credit hours or clock hours completed, unless the servicemember is admitted to a different program and the hours are not transferable;
  • With same academic standing (for example, satisfactory academic progress status);
  • For the first academic year, with the same tuition and fee charges as when the servicemember left, unless military benefits will pay the increase, but never more than the institution is charging other students; and
  • For subsequent academic years or for a different program, by assessing tuition and fee charges that are no more than the institution is charging other students.
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18. What if the servicemember is not prepared to resume the program where he or she left off, or will not be able to complete the program?
The institution must make reasonable efforts at no extra cost to the servicemember to help him or her become prepared, or to enable him or her to complete the program including, but not limited to, providing refresher courses and/or allowing the servicemember to retake a pretest. Reasonable efforts are actions that do not place an undue hardship on the institution. An undue hardship exists if an action requires significant difficulty or expense when considered in light of the overall financial resources of the institution and the impact otherwise of such action on the operation of the institution. TOP


19. Are there any circumstances under which an institution is not required to readmit a servicemember?
Yes. An institution is not required to readmit a servicemember if it determines, after reasonable efforts, that the servicemember is not prepared to resume the program at the point where he or she left off, or is unable to complete the program. In addition, an institution is not required to readmit a servicemember if it determines that there are no reasonable efforts it can take to prepare the servicemember to resume at the point where he or she left off, or to enable the servicemember to complete the program. The institution carries the burden to prove by a preponderance of the evidence that the servicemember is not prepared to resume the program with the same academic status at the point where the servicemember left off, or that the servicemember will not be able to complete the program. TOP


20. What if readmitting a servicemember conflicts with State law? For example, what if admitting the servicemember to the same program attended prior to serving would cause a class to exceed the maximum enrollment level set by the State?
These readmission requirements supersede any State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that reduces, limits, or eliminates in any manner any right or benefit provided by these requirements for the period of enrollment during which the servicemember resumes attendance, and continues to do so as long as the institution is unable to comply with such requirements through other means. Thus, an institution must readmit an eligible servicemember even if doing so would cause a class to exceed the maximum enrollment level set by the State. However, these requirements do not supersede, nullify, or diminish any Federal or State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that establishes an individual's right or benefit that is MORE beneficial or in addition to these rules. TOP


21. Are there any circumstances under which a servicemember's eligibility for readmission terminates?
Yes. A servicemember's eligibility for readmission terminates upon the occurrence of:

  • A dishonorable or bad conduct discharge.
  • A dismissal of a commissioned officer permitted under section 1161(a) of Title 10 U.S.C. by sentence of a general court martial, in commutation of a sentence of a general court-martial, or, in time of war, by order of the President.
  • A dropping of a commissioned officer from the rolls pursuant to section 1161(b), Title 10 U.S.C. due to absence without authority for at least three months, separation by reason of a sentence to confinement adjudged by a court-martial, or a sentence to confinement in a Federal or State penitentiary or correctional institution.
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22. How can servicemembers and schools get more information?
For additional information, please contact Wendy Macias, Office of Postsecondary Education, at Wendy.Macias@ed.gov or 202-502-7526.
OPE Policy Initiatives
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More at http://www2.ed.gov/policy/highered/guid/readmission.html