(Pictured L-R: M-VETS Director Timothy MacArthur, Student Advisor Tony Mancini)
The Scalia Law School’s Mason Veterans and Servicemembers Legal Clinic (M-VETS) advocated for a GMU Alum and United States Air Force Veteran before the Department of Veterans Affairs (DVA) Board of Veterans’ Appeals (BVA).
Student Advisor (SA) Anthony (Tony) Mancini conducted the BVA hearing under the supervision of M-VETS Director Timothy M. MacArthur. The hearing involved a 2019 claim for secondary service-connection for right leg radiculopathy, which an administrative law judge heard after five years of litigation with the DVA.
M-VETS originally filed the secondary-service connection claim on behalf of the GMU alum who had injured her lower back while loading a KC-135 aircraft during Operation Southern Watch in Saudi Arabia. After her discharge from service, the veteran was service-connected for degenerative disc disease of her lumbar spine, and with the assistance of M-VETS, the DVA granted secondary service-connection for left leg radiculopathy but denied secondary service-connection for her right leg radiculopathy. As a result, M-VETS filed a brief before the BVA and requested a personal appearance to argue the matter before an administrative law judge.
Due to the lengthy litigation of this issue, many M-VETS SAs worked diligently on the matter while in the clinic. When the matter was scheduled for hearing, M-VETS SA Tony Mancini argued the service-connection claim before the BVA.
“I am deeply honored that I was able to represent our client before the BVA,” Mancini said. “This entire process has been an invaluable experience that goes far beyond anything I could have learned in a law school classroom. I am proud that I was a part of an organization that works for the people who have selflessly sacrificed more than we could imagine in the service of their country. This is as much my accomplishment as it is Mr. MacArthur’s,” Mancini continued. “Being an M-VETS SA over the past two semesters has taught me so much about the realities of the practice of law. Under Mr. MacArthur’s direction, my attention to detail, presentation, and writing skills have improved. This growth not only assisted me in representing our client before the BVA but has made me a better litigator for the future. For that, I am grateful.”
“Tony did a great job advocating for our client during the hearing,” MacArthur stated. “He conducted a pre-hearing informal conference with the Judge, presented an opening statement, performed a direct examination with our client, and delivered a closing argument. At certain points during the hearing, the Judge posed questions to Tony regarding the case and evidence presented, and Tony was able to respond to those questions and further our client’s arguments. At an informal post-hearing conference, the Judge provided positive feedback to Tony regarding his performance and preparation for the hearing, which was valuable to Tony’s development as a future attorney,” MacArthur continued.
Regarding the assistance she received from M-VETS, the GMU Alum and veteran stated, “I am truly grateful to Mr. MacArthur and Mr. Mancini for their guidance and for taking on my case. Their representation was not only exceptional, but it also reflected the most up-to-date practices of the learning-teaching environment, which gave me great confidence throughout the process. I could not have been more pleased, and I know Tony will go on to become an outstanding lawyer. This meant so much to me and my family.”
“I am incredibly grateful to our client for the patience she showed during this lengthy process. Also, for her willingness to allow our student advisors to participate in this process of representing her before the BVA. 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,” MacArthur stated. “Also, before the hearing, our client had presented us with a challenge coin from her organization for our work on her matter, which was unexpected and a pretty awesome gesture from her, which is based on military tradition.” M-VETS continues to represent the GMU alum while awaiting a decision by the BVA Judge on the contested issue.
M-VETS enables students to assist active-duty members of the armed forces, their families, and veterans in a wide variety of administrative, litigation, and non-litigation matters, including appeals of denials of Department of Veterans Affairs disability compensation and educational claims, representation before the Board of Veterans’ Appeals and Court of Appeals for Veterans Claims, applications for discharge upgrades or military records correction before the Boards for Correction of Military Records and Discharge Review Boards.