(Pictured L-R: M-VETS Client Richard Fahlman, Student Advisor Samantha Hargis, and M-VETS Director Timothy M. MacArthur)
The Scalia Law School’s Mason Veterans and Servicemembers Legal Clinic (M-VETS) advocated for a combat veteran before an administrative law judge at a hearing before the Department of Veterans Affairs (DVA) Board of Veterans’ Appeals (BVA). The hearing occurred on May 12, 2025.
The hearing involved a 2016 claim for an increased rating for a service-connected disability that was caused by an Improvised Explosive Device in Afghanistan. This injury led to the veteran’s medical separation from the Army. The clinic filed a motion in 2019 with the DVA alleging that a Clear and Unmistakable Error (CUE) occurred, which carries the highest burden of proof within the DVA system.
Due to the lengthy litigation of this issue, many M-VETS Student Advisors (SAs) worked diligently on behalf of our client while in the clinic. However, when the matter was scheduled for hearing, current M-VETS Student Advisor Samantha Hargis conducted the hearing under the supervision of M-VETS Director Timothy M. MacArthur.
“Working on this matter for our client was an incredible opportunity. I am deeply grateful to the student advisors who came before me and laid a solid foundation for our argument at the hearing, our client for his commitment and collaboration throughout the process, and my supervising attorney for his invaluable guidance and support,” Hargis said.
“Ms. Hargis did a phenomenal job arguing the motion and presenting evidence during the hearing,” MacArthur commented. “Our client was able to attend the virtual hearing with us, which was held in our classroom at the law school. Sam conducted a pre-hearing conference with the Judge, delivered an opening statement, conducted a direct examination of our client, and delivered an impactful closing, effectively arguing our position.” MacArthur continued, “The DVA benefits process is paternalistic, which is invaluable for allowing our students to gain practical experience in a non-adversarial setting while providing valuable pro bono services to our clients.”
“I would like to thank Mr. MacArthur and Ms. Hargis for the work they did in my case. They put their heart, time, and soul into developing my defense, and I couldn’t have asked for a better legal team. Without M-VETS, combat veterans like me wouldn’t have a voice,” stated Mr. Fahlman.
M-VETS Director Timothy M. MacArthur stated, “I’m glad our client reached out to M-VETS, and we could advocate on his behalf at this hearing. The DVA initially denied the request for an increased rating decision while our client was still on active duty in the Army and navigating the Integrated Disability Evaluation System (IDES). While in IDES, he received an initial 20% rating for the condition, but based on new medical evidence, a request to increase this rating to 40 % was submitted to the DVA. The rating official denied the request for an increase, and our client was discharged from the Army with a severance check. Had the 40% rating been approved, our client would have been medically retired and received all the benefits accompanying that status, including much-needed health care. Our position was that the decision review officer had made a CUE error, contradicting federal law and regulatory standards. The CUE burden of proof created challenges for the Clinic, but our client and Sam did an excellent job explaining our position to the Judge during the hearing. I appreciate our client’s patience during this lengthy process and for him and the Judge allowing Ms. Hargis to conduct the hearing.” M-VETS continues to work with the veteran while the hearing outcome is pending.
M-VETS assists veterans, service members, and their dependents with military/veteran/DVA administrative matters, to include disability compensation and educational benefits appeals, discharge upgrades, and Boards for Correction of Military Records matters.