Category: news

(Pictured from L to R:  M-VETS Deputy Director Leigh Winstead & M-VETS Student Advisors Alden Campo and Amanda Nhek).

For the first time since the pandemic, M-VETS welcomed back clients to its clinic offices located at the Antonin Scalia Law School to provide execution services for various estate planning documents prepared by M-VETS.  Though M-VETS continued to provide representation for drafting estate planning documents, in-person execution services were discontinued during the pandemic.

This summer, M-VETS Student Advisors Alden Campo, Amanda Nhek, and James Caruso assisted three clients from the veteran community with drafting and executing estate planning documents, including simple wills, powers of attorney, and living wills.  M-VETS provided witnesses and a notary public for the signings.

“We are excited to welcome back clients to our offices and offer execution services for the estate planning documents drafted by our clinic,” said M-VETS Deputy Director, Leigh Winstead.  “Virginia law requires these documents to be executed with certain formalities, so it is important for us to have oversight on that process to ensure the documents are executed properly.”

“I was amazed how fast M-VETS responded not only to my initial call but also to the completion of my Will,” said one Veteran client.  “There was continuous e-mail and phone consolation during the write up and clarification phases of the process.” Student Advisor Alden Campo stated “It was such a blessing to participate in this process and help out our clients! I hope to work in the practice area of Trusts and Estates someday, and the M-VETS Clinic has given me a fantastic opportunity for real, hands-on experience in this area.”

M-VETS provides basic estate planning services for veterans, service members, and dependents, including simple wills, powers of attorney, living wills, and codicils.

In addition, M-VETS provides free legal services to the military community in a variety of civil matters, including uncontested divorces, landlord/tenant matters, consumer protection, and contract disputes, as well as in military/VA administrative matters, including MEB/PEBs, Discharge Upgrades, Boards for Correction of Military Records, and VA disability compensation appeals.  M-VETS also provides free legal consultations at the M-VETS American Legion Post 139 Advice and Referral Clinic.  Appointment requests may be submitted through the M-VETS website:   https://mvets.law.gmu.edu/apply/ .

(Pictured:  M-VETS Student Advisors Amanda Nhek and James Caruso)

The Mason Veterans and Servicemembers Legal Clinic (M-VETS) appealed an incorrect Department of Veterans Affairs (DVA) disability rating decision. They secured an increase in the overall DVA disability rating, as well as a disability payment of almost $13,000, for a U.S. Navy Veteran. M-VETS filed the appeal on behalf of the Veteran beginning in 2016 and argued before the Board of Veterans’ Appeals (BVA) at a personal appearance hearing on 15 March 2023.

The Veteran served honorably in the active Navy from 1999 to 2013, nearly fourteen years with several deployments. The DVA initially denied the Veteran a compensable disability rating for migraines for lack of evidence of their severity. M-VETS argued that the Veteran’s migraine attacks were clearly prostrating and successfully persuaded the BVA to assign the condition a 30% rating, backdated to the original claim date in 2015. As a result, the Veteran’s overall disability rating increased to 90%, and the Veteran was awarded almost $13,000.00 in additional disability payments.

“I have been working with Tim MacArthur and the Antonin Scalia Law School students to rectify my disability through two board hearings and appeals. The dedication and thorough work finally prevailed, and I was awarded the claim for my migraines. The students who helped me have taken my case seriously and listened. They diligently reviewed my record and other cases like mine to help me get the rating I deserved. I am unsure if I would have gotten the rating independently and am truly thankful for their help,” stated the Veteran.

Due to the lengthy process involved with litigating this issue, many M-VETS Student-Advisors (SAs) worked diligently on this matter while in the clinic. When the case was scheduled for hearing, M-VETS SAs Amanda Nhek and James Caruso argued the motion before the BVA.

“Amanda and James did a great job arguing the motion and presenting evidence during the hearing,” M-VETS Director Timothy M. MacArthur commented. “Amanda and James each conducted a direct examination of our client, with James presenting the opening statement and Amanda providing the closing argument. Their performance greatly assisted the Judge in determining the favorable outcome for our client,” MacArthur continued. “The DVA benefits process is paternalistic, which is invaluable for allowing our students to gain practical experience in a non-adversarial setting.”

The Student Advisors expressed much gratitude for the opportunity to argue on behalf of the Veteran and are ecstatic to have played a part in achieving favorable outcomes for the Veteran. Amanda Nhek stated: “It was an honor and privilege to represent our client during the BVA hearing. Being able to advocate and present evidence on behalf of our client during the hearing was an invaluable experience. I am beyond grateful to have worked alongside my fellow M-VETS colleagues and thrilled that our client received a favorable outcome.” “Working on this case was a unique and demanding opportunity,” said Student Advisor James Caruso; “I feel honored to have played a part in this Veteran’s hard-earned win!”

“This was a long process, and I am pleased with the outcome. I want to thank all of our Student Advisors who worked on this matter as they did a wonderful job, and I want to thank our client for working with us for the last seven years,” MacArthur stated.

M-VETS assists veterans, Servicemembers, and their dependents in a variety of civil matters, including uncontested divorces, landlord/tenant matters, consumer protection, and contract disputes, as well as in military/VA administrative matters, including MEB/PEBs, Discharge Upgrades, Boards for Correction of Military Records, and VA disability compensation appeals. M-VETS provides free legal representation while allowing law students to receive supervised, practical legal experience by advocating for those who serve or have served in our Armed Forces.

The Antonin Scalia Law School Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) secured a total of $396,000.00 in Department of Veterans Affairs (DVA) disability compensation payments for a veteran due to his service in Vietnam. M-VETS had previously secured the Veteran $123,000.00 in retroactive disability payments but argued at a hearing before the Board of Veterans’ Appeals (BVA) that the Veteran was entitled to additional disability payments. This effort resulted in the Veteran being paid an additional $273,000.00 for disability payments resulting from the Veteran’s service.

The Veteran initially filed the claim for disability in 2010 and, after being continuously denied by the DVA for seven years, sought the assistance of M-VETS. M-VETS corrected the Veteran’s military records before the Air Force Board for Correction of Military Records (ABCMR) to show boots-on-the-ground service in Vietnam. This evidence provided the basis for a successful Motion for Reconsideration before the BVA, which ruled the Veteran’s condition was service connected. As a result, he was paid $123,000.00 in retroactive disability payments to the original filing date 11 years earlier. However, the DVA unilaterally lowered the Veteran’s disability percentage from 100% to 10% for eight of those 11 years without providing notice to the Veteran.

“I was excited to learn that M-VETS could initially correct our client’s military records with the AFBCMR and convinced the DVA that our client was entitled to service connection for his disability,” said Timothy M. MacArthur, M-VETS Director. “We placed our Veteran in a better position than when we found him, which is always one of our main goals. Nevertheless, we knew the DVA had erred again by not giving our client due process concerning the reduced rating. Further, we believed the rating of 10% did not accurately reflect the severity of his condition. We had more work to help our client, so the Clinic filed an appeal to the BVA.”

MacArthur continued, “After we filed our appeal to the BVA in 2021, it took another two years for our case to be heard by a judge at the BVA. When our day in Court arrived, M-VETS was prepared for the hearing, and we argued our theory of the case to the Court. Fortunately, we prevailed on the merits of our case and convinced the Judge that our client’s rating should not have been reduced and that he was entitled to a 100% rating for the entire period of his disability claim. This ruling resulted in the backdated restoration of our client’s 100% rating, which provided him with the much-needed benefits he earned from his service in Vietnam. A significant amount of hard work went into this effort, and I want to thank the M-VETS student advisors who handled this matter and made this outcome possible for our Veteran.”

“Thank you from the bottom of my heart for all the work you and your staff did to help me get the benefits I was entitled to,” said the Veteran. “It would have never happened without your help. God bless you and all your staff.”

M-VETS provides free legal representation to active-duty Servicemembers, veterans, and their dependents. M-VETS allows law students to receive supervised, practical legal experience by advocating for those who serve or have served in our armed forces. M-VETS provides representation in a variety of matters, including Virginia civil litigation matters, uncontested divorces, consumer protection matters, wills, and powers of attorney, as well as assisting with matters before the DVA and various administrative boards, including discharge upgrades, record corrections, military issues of pay and entitlement, and DVA disability benefits appeals.

(Pictured:  ACBF Treasurer Jennifer Brust, M-VETS Director Timothy MacArthur and Deputy Director Leigh Winstead)

The Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) received a $1,500 grant from the Arlington County Bar Foundation (“ACBF”) to support M-VETS’s pro bono legal work in the Arlington community.  The grant was presented to M-VETS at the Grantee Reception held at the Arlington County Courthouse on June 27, 2023.  Among other recipients honored for their charitable work in the community, M-VETS was presented with the award by ACBF Chair, Paul Ferguson and Treasurer, Jennifer Brust.

“We are incredibly grateful to the Arlington County Bar Foundation for their continued support of the clinic,” M-VETS Director, Timothy MacArthur said.  “The ACBF plays a vital role in supporting Arlington charitable organizations and we are honored to be recognized alongside our fellow grantees.”

M-VETS’s grant application is part of a capital campaign to seek funding for a third attorney to staff a new M-VETS office located in the American Legion Post 139.  Also an ACBF grant recipient, Post 139 partnered with M-VETS to provide office space in its newly redeveloped headquarters in Arlington which is situated on the ground floor of an affordable housing apartment complex with veteran-reserved units.  M-VETS recently opened the Post 139 office to provide free legal consultations to veterans, service members, and their dependents.  M-VETS is currently accepting appointments for the Post 139 Advice and Referral Clinic through its website:  https://mvets.law.gmu.edu/apply/.

“We are very excited to partner with American Legion Post 139 in opening our new Advice and Referral Legal Clinic,” said MacArthur.  “This grant is an important building block in our capital campaign to make the third staff attorney position permanently self-sustaining and further expand the legal services offered by M-VETS.”

In addition to recognizing grantees, the ACBF presented the Campbell-Smith-Thompson Award to Scalia Law School’s own Ilissa T. Belanger, a director of the ACFB and newly-retired Senior Associate Director of Career Services and Co-Director of Externship Programs at Scalia Law School.  The Campbell-Smith-Thompson Award is presented to the Foundation Board Member who has made extraordinary contributions to the philanthropic mission of the ACBF.  The Arlington County Bar Foundation is the philanthropic arm of the Arlington County Bar Association.  The Foundation assists local charities through the dissemination of grants and personnel support.

M-VETS provides free legal services to veterans, service members, and their dependents in a variety of civil matters, including uncontested divorces, landlord/tenant matters, consumer protection, and contract disputes, as well as in military/VA administrative matters, including MEB/PEBs, Discharge Upgrades, Boards for Correction of Military Records, and VA disability compensation appeals.

In partnership with the American Legion Post 139, M-VETS opened a new office co-located in the newly redeveloped Post 139 Headquarters to provide free legal advice and referral services to the military community.  The Grand Opening took place on May 11, 2023. It included remarks by M-VETS Director Timothy MacArthur, Secretary of Virginia’s Department of Veterans and Defense Affairs Craig Crenshaw, and a keynote address by Virginia Governor Glenn Youngkin.

Post 139 recently completed an $80 million public-private redevelopment of its headquarters on the ground floor of Terwilliger Place, a 160-unit affordable housing apartment complex with 50% veterans’ preference supported by the Arlington Partnership for Affordable Housing.  Tabbed as “Leisure, Lodging, and Legal,” the 6,000-square-foot headquarters will not only serve the social and housing needs of local veterans but will offer legal services and access to vital veterans benefits.

M-VETS new outpost at Post 139 headquarters will be staffed by a licensed attorney, M-VETS Assistant Director, Raphael Johnson, an Army Veteran and former M-VETS student advisor. Mr. Johnson will provide in-person legal advice to veterans on various legal issues and offer referral services to ensure those veterans are connected with the appropriate legal resources.  The Virginia Department of Veterans Services (“VDVS”) will also have a permanent office at Post 139 Headquarters to assist with VA claims, education benefits, and employment resources.

“We are very excited to open a new office at the American Legion Post 139 Headquarters to provide vital legal services to our military community,” M-VETS Director Timothy MacArthur said.  “This project has been years in the making, and we are excited for the opportunity to expand our legal services in partnership with Post 139 and VDVS.”

“I am excited for the opportunity to rejoin M-VETS and to be able to give back to the veteran community in such an impactful way,” said M-VETS Assistant Director Raphael Johnson.  “We have worked with the leadership at Post 139 to ensure that our clients can efficiently schedule appointments and receive timely access to legal consultations in a secure environment.”

In 2020, M-VETS began a capital campaign to secure funding to hire a third attorney to staff the new M-VETS office.  The tireless work of M-VETS staff and University development raised funds to hire a third attorney part-time.  The vision for the M-VETS office at Post 139 is to secure funding to hire a full-time attorney to provide legal consultations and direct legal representation and expand the legal practice areas offered by the clinic.

“We are very proud of our efforts to bring this vision to life, but our work is far from done,” M-VETS Deputy Director Leigh Winstead added.  “We are continuing our capital campaign to make the third attorney position self-sustaining in a full-time capacity and to further expand the legal services offered by M-VETS.”

M-VETS provides free legal services to veterans, service members, and their dependents in a variety of civil matters, including uncontested divorces, landlord/tenant matters, consumer protection, and contract disputes, as well as in military/VA administrative matters, including MEB/PEBs, Discharge Upgrades, Boards for Correction of Military Records, and VA disability compensation appeals.  M-VETS is currently accepting applications for appointments to the M-VETS American Legion Post 139 Advice and Referral Clinic:  https://mvets.law.gmu.edu/apply/

(Pictured: Student Advisor Doug Boyle)

The Mason Veterans and Servicemembers Legal Clinic (M-VETS) successfully argued a claim before the Army Board for Correction of Military Records (ABCMR) seeking a fully Honorable conditions discharge for an Army veteran. M-VETS filed the claim on behalf of the veteran in 2022 and secured a fully Honorable discharge, allowing the veteran to access long-overdue educational benefits.

The veteran served honorably in the active Army from 1994 through 1998. During that period of honorable service, the veteran earned a Good Conduct Medal. However, after suffering an injury during service, she could not participate in physical training, which led to the veteran’s discharge for weight control failure. Without justification, and through no fault of her own, the veteran was separated from the Army with a General, Under Honorable Conditions discharge certificate one month before her enlistment ended. This discharge characterization prevented the veteran from accessing her education benefits.

M-VETS Director, Timothy M. MacArthur, stated: “Thankfully, the veteran reached out to M-VETS for assistance with this matter, and we are glad we were able to correct this issue. Unfortunately, the separation authority made a clear error in judgment regarding the discharge characterization. Since 1998, the veteran was not eligible for educational benefits due to the inaccurate discharge characterization. Now, the veteran can use those earned benefits due to the fully honorable conditions discharge.”

“Thank you, M-VETS!” said the veteran. “Thank you for helping make a close-held dream come true!”

MacArthur continued: “Our client served honorably in the Army, and to be able to correct this injustice was a great result.” MacArthur emphasized the contributions of the student advisors that worked on this matter, Mr. Doug Boyle and Mr. Brady Clapp. “Throughout M-VETS’s representation, student advisors Doug Boyle and Brady Clapp assisted with the client’s matter. I appreciate the time and effort they put into this case,” MacArthur said. “Doug and Brady did a fantastic job, and their hard work paid off.”

Boyle stated: “Working with the client was an excellent experience. Selfishly, it allowed me to develop several skills. First, I could practice client interaction skills—interviewing the client, reviewing documents with the client, and keeping the client updated on the case. Second, I got an opportunity to practice my research by reviewing the client’s military records and relevant Army regulations from the time. Finally, I got to practice my advocacy skills by writing and editing a brief that was submitted to the ABCMR. Most importantly, M-VETS got the veteran the service characterization that was deserved—Honorable!”

M-VETS assists veterans, Servicemembers, and their dependents in a variety of civil matters, including uncontested divorces, landlord/tenant matters, consumer protection, and contract disputes, as well as in military/VA administrative matters, including MEB/PEBs, Discharge Upgrades, Boards for Correction of Military Records, and VA disability compensation appeals.

(Pictured: M-VETS Student Advisors, Doug Boyle, Olivia Sznaza)

A 2016 claim for Department of Veterans Affairs (DVA) benefits was finally granted at the 40% payment rate after nearly six years of litigation with the DVA.  M-VETS successfully argued at a personal appearance hearing before the Board of Veterans’ Appeals (BVA) for its client to receive a DVA disability rating of 40% for his lumbar spine condition. Further, M-VETS was able to service-connect a secondary disability which raised the veterans disability rating to 70% overall.  As a result, the veteran should receive almost $1,800 a month for the rest of his life.

M-VETS filed the claim on behalf of a United States Army veteran who physically injured his lower back while on active duty.  Following his retirement from the Army, the veteran applied for disability compensation and was awarded a 60% rating for his lumbar spine condition.   In 2016, the veteran received a proposed rating reduction from the DVA stating that his rating would be lowered to 10% due to a clear and unmistakable error (CUE) on the part of the DVA.  After receiving this news, the veteran contacted M-VETS for assistance.

“M-VETS has stood behind me over the years in my appeal process,” the veteran said. “They assisted me in filing motions and preparing my case to be heard at the Board of Veterans Appeals. Great group of people.”

M-VETS Director, Timothy M. MacArthur, stated about the matter: “I’m glad the veteran reached out to M-VETS and that we were able to correct this issue.  The correction of this issue took a lot longer than we originally anticipated and I appreciate our clients’ patience and perseverance throughout this process.”

M-VETS originally filed an appeal to the 10% designation asking the DVA to award the veteran 40% for this condition.  The DVA denied this request and M-VETS filed a brief before the BVA and requested a personal appearance in order to argue the matter in front of a Judge.  At the BVA hearing, M-VETS argued that the reduction to 10% was not supported by the evidence of record and the veteran should be entitled to 40% for his lumbar spine condition.

Due to the lengthy process involved with litigating this issue, many M-VETS Student-Advisors (SAs) worked diligently on this matter while in the clinic. When the matter was scheduled for hearing, it was former M-VETS SA Doug Boyle who argued the motion before the BVA.

“Participating in the BVA hearing required a tremendous amount of preparation,” Boyle said.  “I had to familiarize myself with the case’s history and facts as well as the relevant laws and regulations. I also communicated with the client on a weekly (and ultimately daily) basis via telephone and Zoom to prepare him for his participation in the hearing. Going through this preparation and participating in a real-world hearing was an invaluable experience that I will heavily rely on post-graduation. I am beyond happy that we got a positive result for our client!”

“Doug did a great job arguing the motion and presenting evidence during the hearing,” MacArthur commented. “Our client was able to attend the hearing virtually and Doug conducted an opening statement, direct examination, and closing argument which greatly assisted the Judge in determining the favorable outcome for our client,” MacArthur continued. “The DVA benefits process is paternalistic in nature which is invaluable for allowing our students to gain practical experience in a non-adversarial setting.”

M-VETS continued to work with the veteran to claim benefits related to the veteran’s service-connected radiculopathy. This condition was developed secondarily to the veteran’s lumbar spine condition. M-VETS filed a disability claim with the DVA for this condition and, on 13 June 2022, the DVA decided that the veteran’s service-connected radiculopathy was worthy of a 20% rating.

Current SA Olivia Sznaza was able to provide the veteran with the results of M-VETS efforts and see the matter through to completion with the addition of radiculopathy as a service-connected condition.

“Delivering such positive, life-changing news to the veteran is the type of outcome that we are always working towards for our clients at M-VETS,” Sznaza reflected. “It has been both an honor and a privilege to work alongside the veteran and fellow M-VETS colleagues over the past two months to play my own small part in bringing about this tremendous end result.”

“This was a long process and fortunately our client was able to weather the storm to see this through,” MacArthur said. “I am really pleased with the outcome and want to thank our Student-Advisors for the wonderful job they did on this matter as well as our client for working with us the last six years.”

M-VETS assists veterans, servicemembers, and their dependents in a variety of civil matters, including uncontested divorces, landlord/tenant matters, consumer protection and contract disputes, as well as in military/VA administrative matters, including MEB/PEBs, discharge upgrades, Boards for Correction of Military Records and VA disability compensation appeals.

 

The Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) assisted an active duty Air Force servicemember formalize her wife’s parental rights through an adoption. Though the servicemember’s wife was listed on the child’s birth certificate, the servicemember, who was the child’s birth mother, feared that her wife could lose parental rights in certain states should same-sex marriage rights be repealed. To safeguard her wife’s parental rights, the couple sought to formalize the parental relationship through a court order.

M-VETS filed a Petition for Adoption on behalf of the couple, along with the servicemember’s affidavit in support of the adoption, proposed order, and vital statistics forms. Because the couple’s child was conceived through a sperm donor who waived his parental rights, the matter was straightforward and, in July 2022, the Fairfax County Circuit Court entered the Final Order of Adoption. M-VETS Student Advisor Liz Faris assisted with the adoption and worked with the servicemember and her wife to ensure an efficient process.

“With rights being taken away left and right, my wife and I were scared that marriage equality would be the next target,” said the servicemember. “If that were to happen, the parental rights to our son could be in jeopardy. I gave birth to our son but my wife was a part of the process of creating him just as much as I was. We knew the only way to ensure that our son would be OUR son in the eyes of the law, would be a step-parent adoption. Due to military training and a PCS, we had to act fast and M-VETS came to our aid. Liz and her team were efficient, accommodating, and very informative. We knew what was happening every step of the way,” said the servicemember. “They helped keep our family protected and together!”

“This was an issue of first impression for the clinic,” M-VETS Deputy Director Leigh Winstead said.  “We handle many stepparent adoptions, but have never had the opportunity to file an adoption to solidify a parental relationship on behalf of a same-sex couple.  In light of the potential implications of the Supreme Court’s decision in Dobbs on the rights of same-sex couples, many are seeking this course of action to safeguard their parental rights.  Even though the servicemember’s wife was listed as the child’s parent on the birth certificate, a birth certificate is considered an administrative record—formalizing the parental relationship through a court order provides added protection.  I am thrilled we were able to provide this protection and peace of mind for our clients and am very grateful for the diligent work of our Student Advisor, Liz Faris, to accomplish our clients’ objectives,” Winstead said.

M-VETS provides free legal representation to veterans, active duty service members, and their families while allowing law students to gain practical legal experience under the supervision of practicing attorneys. M-VETS provides representation in a variety of matters including Virginia civil litigation matters, uncontested divorces, consumer protection matters, wills and powers of attorney, as well as assisting with matters before the VA and various administrative boards, including discharge upgrades, record corrections, military pay and entitlement matters, and VA disability benefit appeals.

 

 

(Pictured L to R: SA Olivia Sznaza, Clerk of the Court, Malcolm Squires, Jr., Director Timothy MacArthur, SA Liz Faris, Deputy Director Leigh Winstead, SA Greg Pelletier, Adjunct Professor Chapman Good).

The Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) visited the United States Court of Appeals for the Armed Forces (“CAAF”) in Washington, D.C. on 13 July 2022. Malcolm Squires, Jr., the Clerk of the Court, gave M-VETS student advisors and staff a tour as well as a detailed history of the Court and military justice.

The CAAF, located in Judiciary Square, was previously the U.S. Court of Appeals for the District of Columbia Circuit. However, as the case load of the Court of Appeals grew, it was necessary to relocate. The CAAF took its place in the historic building.

The CAAF reviews decisions from the Courts of Criminal Appeals from the Army, Navy, Marine Corps, Air Force, and Coast Guard. However, the CAAF only came into existence after World War II. There was previously no judicial review process for court-martial convictions. The need for a review process became clear during the World Wars. Over one million service members were court-martialed during World War II. At this time, the process did not even require the service member to be represented by a lawyer. This meant the service members were sometimes court-martialed and even potentially sentenced to death without the representation of an attorney. However, following World War II, the Uniform Code of Military Justice (“UCMJ”) was developed. The UCMJ created the CAAF, which is now the highest military court.

“We are very grateful to the CAAF staff and court personnel for hosting M-VETS,” Deputy Director Leigh Winstead said. “In particular, Mr. Squires’s hospitality and extensive knowledge of the history of the Court made for a fun and engaging afternoon.”

Student-Advisor Liz Faris commented: “Beyond getting to see the beautiful, historic building, it was fascinating to learn about the history of military law and the court itself. It provides an important historical background for the work that we do.”

M-VETS’ visit was in preparation for a partnership between M-VETS and the CAAF to host a Continuing Legal Education event and reception at Scalia Law School in 2023.

(Pictured:  M-VETS Student Advisor, Greg Pelletier)

The Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) successfully increased a veteran’s Department of Veterans Affairs (“DVA”) overall disability rating from 10% to 80%, resulting in an increase of the veteran’s monthly compensation payments from $152 to $2,035. These payments should continue for the rest of the veteran’s life.

The veteran initially filed a DVA disability claim in 1995 and was awarded a 10% disability rating after his discharge from the United States Air Force.  Twenty-five years later, the veteran’s service-connected lumbar spine condition worsened and, as a result, he sought to increase this DVA disability rating with the assistance of M-VETS.  M-VETS student-advisors (“SAs”) worked with the veteran and were able to prepare and file a brief seeking to increase the veteran’s DVA lumbar spine disability pay to accurately reflect the severity of his condition. Further, M-VETS SAs were able to identify additional disabilities that were the result of the veteran’s already service-connected disability and filed for DVA disability payments for those conditions on behalf of the veteran.

In June 2022, the DVA granted the claim filed by M-VETS on behalf of the veteran, increasing the veteran’s rating for his service-connected lumbar spine condition and providing new disability ratings for the secondary conditions.  This resulted in the veteran’s combined disability rating increasing from 10% to 80%.

The veteran was grateful for M-VETS’s assistance throughout this process. “This was an extremely positive experience for the entire team and family,” said the veteran. “I cannot thank M-VETS enough. As a veteran twenty-five plus years removed from active service, I was unsure where to turn to review my service-connected disability case. Over the course of two years, and successful handoffs among a series of student advisors with regular check-ins and updates, M-VETS was able to successfully adjudicate my disability claim. I really appreciated the open communication and dialogue while working through my claim.”

SA Greg Pelletier commented about the experience: “We are very grateful to have had the opportunity to assist our client with his disability claim. It took almost three years to place our client in his current position and I am proud to have been able to assist in this process.”

“We were honored to have the opportunity to assist this very deserving veteran,” said M-VETS Director, Timothy MacArthur.  “I would like to thank the M-VETS SAs who worked tirelessly on this matter from start to finish.  With their diligence, we were able to accomplish our client’s goals.”

M-VETS mission is to provide free legal representation to active-duty servicemembers, veterans, and their families, while offering law students the opportunity to receive supervised, practical legal experience. M-VETS provides legal representation for a variety of civil litigation and VA matters. These include uncontested divorces, consumer protection matters, wills and powers of attorney, discharge upgrades, records corrections, military pay and entitlement matters, VA disability benefits appeals, and more.