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The Antonin Scalia Law School Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) secured $123,000.00 in Department of Veterans Affairs (DVA) disability compensation for a veteran due to his service in Vietnam.  M-VETS argued in a brief before the DVA that the veteran was entitled to service-connection and disability payments for a condition presumptively caused by exposure to Agent Orange during the veteran’s service in Vietnam.

Though the veteran served in Vietnam, his service record did not reflect his boots-on-the-ground service in Vietnam or in the associated territorial waters.  It is necessary to show a veteran had boots-on-the-ground service in Vietnam or in the associated territorial waters in order to service-connect certain medical conditions that the DVA considers presumptively related to exposure to Agent Orange.

The veteran initially filed the claim for disability in 2010 and, after being continuously denied by the DVA for seven (7) years, sought out the assistance of M-VETS.  M-VETS was able to simultaneously prepare and submit a brief to correct 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 and also submit a Motion for Reconsideration before the Board of Veterans’ Appeals (BVA) to keep the original service-connection date open for retroactive pay purposes.

“I am glad our client reached out to us for assistance, as proving boots on the ground service after many years can be challenging and this is one of the most challenging matters that M-VETS has assisted with,” said M-VETS Director Timothy MacArthur. “The veteran had initially filed a claim for DVA disability compensation in 2010 and contacted M-VETS in 2017 after being continuously denied by the DVA for disability benefits. The veteran had already testified under oath during a BVA hearing attesting to his service in Vietnam, but for unknown reasons the DVA still denied his benefits. Along with our client’s recitation of events, we were able to convince the AFBCMR to issue a correction to the veteran’s records to indicate that he had boots-on-the-ground service in Vietnam.  Once we were able to correct the military records with the AFBCMR, we were able to convince the DVA that our client was entitled to service-connection for his disability.  Currently, our client is considered 100% disabled and will receive a monthly payment of approximately $3,300.00 for the rest of his life.  We are continuing to litigate this client’s DVA claim, but we are excited that we were able to place our veteran in this position,” MacArthur said.

“I am totally beyond words,” said the veteran.  “The congratulations belong to you and your law students, for the work you and they did regarding my VA claim. My hat is off to you and your students. Thanks to you and your students I don’t feel left behind anymore.”

“We have been working to resolve this issue since 2017, so many student-advisors were able to assist with this veteran’s matter and gain invaluable legal experience while in M-VETS,” explained MacArthur.  “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 five years.”

 M-VETS provides free legal representation to active-duty servicemembers, veterans and their dependents while offering law students the opportunity 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 VA and various administrative boards, including discharge upgrades, record corrections, military pay and entitlement matters, and VA disability benefit appeals.

 

 

 

(Pictured: Student-Advisor Doug Boyle)

The Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) assisted an Army Veteran and his wife in adopting their teenaged granddaughter who has lived with them for more than twelve years. In 2009, the Veteran’s wife was granted legal custody of their granddaughter. When the granddaughter’s biological mother moved out-of-state, the Veteran and his wife decided it was time to file for adoption. As a result, the Veteran and his wife sought the assistance of M-VETS in filing a Petition for Adoption with the Prince William County Circuit Court.

After obtaining consent from the granddaughter and both her biological mother and father, M-VETS was able to file the Petition for Adoption, including all affidavits, proposed orders and vital statistics forms. In March of 2022, the Prince William County Circuit Court entered the Final Order of Adoption, concluding the matter favorably for the Veteran and his family. M-VETS Student Advisor Doug Boyle worked with the Veteran and his wife beginning in the fall of 2021 and was able to resolve the entire matter before the 2021-2022 school year ended.

The Veteran was grateful for M-VETS’s assistance throughout the adoption process.  “My family and I would like to thank [M-VETS] from the bottom of our hearts for the service that you provided us in the adoption of our Granddaughter; we couldn’t have done it without you.”

“We greatly appreciate all of the hard work that [M-VETS] put into the process and we especially thank Doug Boyle for his knowledge and passion for our needs,” said the Veteran.

“We were honored to have the opportunity to finalize this adoption for a very deserving family,” said M-VETS Deputy Director, Leigh Winstead.  “I would like to thank M-VETS Student Advisor Doug Boyle who worked tirelessly on this matter from start to finish.  With Doug’s diligence, we were able to accomplish our client’s goals in a timely manner.”

M-VETS mission is to provide free legal representation to active-duty members of the armed forces, veterans, and their families while offering law students the opportunity to receive supervised, practical legal experience by advocating for those who serve or have served in our United States 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 VA and various administrative boards, including discharge upgrades, record corrections, military pay and entitlement matters, and VA disability benefit appeals.

The Mason Veterans and Servicemembers Legal Clinic (M-VETS) successfully argued before the Navy Discharge Review Board for a Navy veteran to receive a fully Honorable conditions discharge, change in the narrative reason for separation, and an upgrade to his Reenlistment Code.  Filed in 2021, the M-VETS’s request was recently approved by the Navy Discharge Review Board and the veteran now has a fully Honorable conditions discharge and can rejoin the Navy if desired.

The veteran served in the active reserves in the Navy from 2007 through 2014 and, during this period of time, the veteran served honorably, which was reflected in his annual fitness reports.  After the veteran had served his initial period of enlistment, he applied to be transferred to the Inactive Ready Reserve (IRR), which was supported by the chain of command.  Unknown to the veteran at the time, the application was never submitted through the appropriate channels and was never approved or denied by the approval authority.  As a result of this administrative error and through no fault of his own, the veteran was determined to be a non-participant in the active reserves and was separated from the Navy with a General, Under Honorable conditions discharge certificate.

M-VETS Director, Timothy M. MacArthur, stated about the matter: “Thankfully, the veteran reached out to M-VETS for assistance with this matter and we are glad we were able to correct this issue.  There was a clear error in the processing of our client’s IRR application and how the veteran was ultimately discharged, resulting in an inequitable discharge.”

“I can’t thank M-VETS enough!” said the veteran.  “You all helped me when I started to lose hope. This will make a huge difference for my family and I. Thank you all again!”

MacArthur continued, “Our client served honorably in the Navy and to be able to correct this injustice before it potentially caused any more roadblocks was a great result.” MacArthur emphasized the contributions of the student-advisor that worked on this matter, Ms. Alana Nielson.  “Throughout the course of M-VETS representation, student-advisor Alana Nielson assisted with the client’s matter, and I am very appreciative of the time and effort she put into this case,” MacArthur said.  “Alana did a fantastic job and her hard work paid off.”

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.

  

 

 

 

With its arrival in Arlington, Amazon has established itself as a significant community partner and continued to strengthen those ties this month by making a donation to the Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) at the George Mason University Antonin Scalia Law School.  The funding will help support a third attorney position, greatly expanding M-VETS’ ability to provide legal support to the local veteran community.

In an effort to assist a greater number of veterans and to expand its scope of services, M-VETS has partnered with American Legion Post 139 to provide free legal services in the newly renovated Post headquarters housed in the Lucille and Bruce Terwilliger Place, an affordable housing complex spearheaded by the Arlington Partnership for Affordable Housing set to open in 2022.  Not only will Terwilliger Place be home to the new Post 139 headquarters, but, of the 160 units of affordable housing, 50% will have a veterans preference, providing critical housing and resources to local veterans.

In order to staff the new M-VETS outpost co-located in the American Legion’s new headquarters, M-VETS is leading a capital campaign to hire a third staff attorney dedicated to providing walk-in legal services, direct representation in new practice areas, and supervision of law students in these matters.  Amazon’s contribution will be earmarked to fund the third attorney position.  With the addition of a third attorney and expansion of practice areas, M-VETS anticipates that it will be able to increase its output of pro bono services by nearly 40 percent.

“With Amazon’s generosity, we have taken a significant step in continuing our mission to fund the third staff attorney position,” M-VETS Director, Timothy MacArthur said.  “We are extremely grateful to Amazon for its support of our clinic operations and look forward to continuing our partnership with our new Arlington neighbor.”

MacArthur emphasized the importance of being able to expand practice areas and provide walk-in legal services at the American Legion Post 139 Headquarters.  “Expanding into the areas of criminal law and employment matters will enable us to assist a greater number of veterans and service members in the community,” MacArthur said.  “In addition, our ability to offer walk-in legal counseling will provide an immediate impact the local military community.”

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: Zach Kobokovich, Chapman Good)

The Antonin Scalia Law School Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) supported the NSI/MINSLA Open House Event on 21 October 2021. Student-advisors Zach Kobokovich, Chapman Good, and John Madigan II represented the M-VETS clinic by proving information about the legal services offered by M-VETS and their experiences in the Clinic.

M-VETS Director, Timothy M. MacArthur, believes outreach to interested law students through school functions like the NSI/MINSLA Open House are instrumental in furthering the mission of the M-VETS legal clinic. “These outreach opportunities provide a valuable learning experience to potential student-advisors who want to apply and participate in the Clinic while at the law school,” MacArthur said. Student-Advisor Chapman Good commented: “A great example of NSI and M-VETS working together to recruit hard-working law students that will shape the future of our national security and continue to fight for our nation’s veterans. Thank you to all those students that showed interest in M-VETS, and for taking the time to talk with us.”

M-VETS will continue to conduct outreach and provide information regarding the Clinic to interested students, active-duty members of the armed forces, their families, and veterans. Please visit our webpage to keep updated on future events.

(M-VETS Student-Advisors Megan Huppee (left) and Samantha Lewis (right))

The Antonin Scalia Law School Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) secured Department of Veterans Affairs (DVA) disability compensation for a retired U.S. Air Force veteran for his service in Vietnam.  M-VETS argued in a brief before the DVA that the veteran was entitled to service connection and disability payments for a condition presumptively caused by exposure to Agent Orange during the veteran’s service in Vietnam.

The veteran served in Vietnam during the Tet Offensive but the veteran’s service record did not reflect his boots-on-the-ground service in Vietnam. It is necessary to show a veteran had boots on the ground service in Vietnam in order to service connect certain medical conditions which the DVA considers are presumptively related to exposure to Agent Orange in Vietnam. M-VETS produced sufficient evidence to establish the veteran’s service in Vietnam. The DVA recognized the veteran’s Vietnam Campaign Medal, Vietnam Service Medal, squadron history, and the client’s recollection of events and granted disability compensation for conditions related to exposure to Agent Orange.

“I am glad our client reached out to us for assistance as proving boots on the ground service many years after the fact can be challenging,” said M-VETS Director Timothy MacArthur. “I would like to thank the U.S. Air Force archivist who was able to provide us an extensive unit history for our client’s squadron.  This history showed the squadron’s frequent travel into and out of Vietnam during the time our client was in that squadron.  Along with our client’s recitation of events, we were able to use this information to prove boots on the ground service in Vietnam which entitled our client to receive service connection and disability payments for several disabilities related to exposure to Agent Orange,” MacArthur said.

MacArthur continued, “I would also like to thank the two M-VETS student-advisors who worked on this matter from the beginning of the case until the end.  Megan Huppee and Samantha Lewis did an outstanding job assisting our client and their hard work enabled our client to receive a positive outcome in a timely manner.” “I am so honored to be able assist this veteran and others with the clinic. Being a part of M-VETS has been the most rewarding part of my law school career,” Huppee stated. Huppee continued, “this case was a team effort, and I value the time I spent working with Samantha Lewis and Professor MacArthur.”

 “I am so appreciative of [the student’s] professionalism and their tremendous work. I am so thankful for the clinic’s help throughout the whole process,” said the veteran. The veteran continued, “I am honored that the [DVA] finally recognized my service in Vietnam.”

M-VETS provides free legal representation to active-duty servicemembers, veterans and their dependents while offering law students the opportunity 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 VA and various administrative boards, including discharge upgrades, record corrections, military pay and entitlement matters, and VA disability benefit appeals.

 

The Mason Veterans and Servicemembers Legal Clinic (M-VETS) successfully argued before the Army Discharge Review Board for an Army Combat veteran to receive a fully Honorable conditions discharge.  Filed in 2019, the M-VETS request was recently approved by the Army Discharge Review Board and the veteran now has a fully Honorable conditions discharge reflected on the veteran’s DD 214.

The veteran served on active duty in the Army from 2001 through 2015 and, during this period of time, the veteran deployed overseas in support of Operation Enduring Freedom and Operation Iraqi Freedom a total of four times.  The veteran served three combat tours in Iraq, one combat tour in Afghanistan, and was awarded the Combat Action Badge for the veteran’s actions overseas.  After the veteran returned from the combat deployments, the veteran began suffering from symptoms of Post-traumatic stress and Traumatic Brain Injury.  The veteran began to self-medicate with alcohol to try and soothe these symptoms. This self-medication led to a misdemeanor DUI charge that resulted in the veteran’s discharge from active duty with a General, Under Honorable conditions discharge for misconduct.

At the time of discharge, unfortunately, the veteran’s chain of command did not realize the veteran was suffering from Post-traumatic stress, Traumatic Brain Injury, and was self-medicating to ease the symptoms of these conditions.  Additionally, in the veteran’s separation paperwork it was incorrectly noted that the veteran had a serious pending civilian criminal charge off the installation during his separation proceedings. In order to correct these errors, M-VETS enlisted the assistance of the GMU Center for Psychological Services and requested the veteran’s complete criminal history from the FBI.

M-VETS Director, Timothy M. MacArthur, stated about the matter: “We are very appreciative of the efforts of the GMU Center for Psychological Services, as they were able to evaluate our client and show the veteran’s actions were the result of self-medicating due to PTS and TBI which we were able to successfully argue before the Army Discharge Review Board.  Also, we were able to provide the board a copy of the FBI’s findings concerning our client’s lack of a criminal history to dispute the administrative error in the separation paperwork that there was a very serious civilian criminal charge pending against our client at the time of discharge from the Army.  Someone made a serious error by including a criminal charge against our client that was not accurate and was likely about another soldier who was being separated at the same time as our client.  The false charge was of such a serious nature that it likely influenced the chain of command’s recommendation for a General discharge for our client.  Thankfully, with the FBI’s criminal history report we were able to show the board that our client had never been charged with a civilian crime and the discharge paperwork was in error, resulting in an inequitable discharge.”

“I want to thank the M-VETS team for all that you’ve done for me,” said the veteran.

MacArthur continued, “I’m glad the veteran reached out to M-VETS and we were able to assist with this issue. Our client served honorably in the Army and to be able to correct this injustice before it potentially caused more roadblocks was a great result. A veteran’s DD 214 is a very important document as it can serve as the basis for eligibility for a variety of services and it should be accurate and reflect the true character of a veteran’s service while on active duty.”

MacArthur emphasized the contributions of the student-advisors that worked on this matter.  “Throughout the course of M-VETS representation, many student-advisors assisted with the client’s matter and I am very appreciative of the time and effort they put into this case,” MacArthur said.   “The student-advisors worked diligently on this matter and their hard work paid off.”

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”) successfully assisted a Navy Veteran with two civil matters in the Loudoun County Circuit Court.  In the first matter, M-VETS represented the Veteran in filing a Petition for Adoption of his nephew who has been residing with the Veteran for several years after his mother was incarcerated and his father deported.  The Loudoun County Circuit Court entered the Final Order of Adoption in April 2021.  Formalizing the adoptive parent relationship will enable the Veteran to provide assistance for his nephew to attend to college in the fall.

M-VETS also assisted the Veteran with a Petition for Expungement of a misdemeanor charge which had been previously dismissed by the Commonwealth Attorney.  M-VETS Student Advisor, Anne Cotter, represented the Veteran at the Expungement hearing after being admitted with her third-year practice certificate.   The Court granted the Petition and entered the Expungement Order in April 2021.  Cotter stated the following about the experience:  “I am very grateful to have been able to assist this veteran and his family. M-VETS has been the most rewarding part of my law school experience because I have been able to serve the veteran community while also gaining practical experience.”

“We are honored to be able to assist this Veteran and his family,” said M-VETS Deputy Director, Leigh Winstead.  “Our clinic aims to provide a comprehensive scope of services in order to assist more members of the military community and to provide legal assistance in as many areas as possible.  We were fortunate to be in a position to help this Veteran with two distinct legal issues,” Winstead said.

“Thank you, M-VETS for helping our family,” the Veteran said.  “We appreciate your services to all veterans.”

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: M-VETS Student-Advisor Jonathan Moeller)

The Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) assisted an Air Force Reservist with securing the return of his $3,300 security deposit wrongfully withheld by his Landlord. After the Reservist was separated from active duty in late 2019, he provided notice to his Landlord of his intent to terminate his lease early pursuant to the provisions of the Servicemembers Civil Relief Act (“SCRA”), which permits service members to terminate residential leases early without penalty after a permanent change of station or separation from active duty. Pursuant to the terms of the lease, the Landlord was required to return the security deposit, or an itemization of deductions from the security deposit, within 45 days of the termination of the tenancy. The Landlord failed to return the security deposit or an itemization of damages.

The Reservist sought the assistance of M-VETS to secure the return of his deposit. M-VETS Student Advisor Jonathan Moeller drafted a demand letter to the Landlord outlining the Reservist’s legal entitlement to the security deposit. As a result, the entire $3,300 security deposit was returned to the Reservist without bringing suit against the Landlord.

“I couldn’t have been more impressed by [Jonathan’s] professionalism and the dedication he displayed to resolving the issue with my Landlord,” said the Reservist. “Jonathan provided timely feedback, always provided me with multiple options to consider, and made himself available even after hours to address questions/concerns I had. I couldn’t be more thankful for the service M-VETS provides and I’d gladly trust Jonathan to handle any issues I was facing in the future.”

“We are very thankful to be able to deliver a successful outcome to our client without having to resort to litigation,” said Leigh Winstead, M-VETS Deputy Director. “It is rare that we reach a resolution so quickly and without filing a lawsuit, but we are happy to deliver the desired outcome to our client and close this chapter for their family in an expedient manner.” 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.

In July 2020, the Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) successfully cleared the name of a survivor of military sexual trauma from the Army Crimes Records Center (CRC) database. The survivor is an Army veteran who served on active duty in the 1990s. Two of her fellow soldiers sexually assaulted her while she was on active duty and she was titled with False Swearing and Sodomy in connection with the attacks.

The survivor reported that she was sexually assaulted and was provided a medical examination at the local military hospital. After the medical exam was completed, special agents from the Army Criminal Investigation Command (CID) questioned the survivor about the sexual assaults. Subsequently, the CID agents questioned the two soldiers about the sexual assaults, which they claimed were consensual encounters. Although the criminal investigation would continue for months, after concluding their initial interviews, the CID agents stated they did not believe the survivor and summarily titled her under the Uniform Code of Military Justice for False Swearing and Sodomy.

A few weeks after the criminal investigation began, one of the soldiers who attacked the survivor changed his story and confessed to CID agents that the survivor had not consented to the acts that night and he, in fact, had sexually assaulted her. Further, there were no criminal or administrative actions taken against the survivor. She served out the remainder of her time on active duty and was honorably discharged from the Army. The survivor moved to Virginia in 2014 and eventually applied to receive her nursing license. Unfortunately, her application was delayed because she had been titled in the CRC database for False Swearing and Sodomy in 1991. Shocked that her name was in this database, the survivor sought out the help of M-VETS.

“M-VETS never gave up during this process and told me they would continue to fight for me and do whatever they could to help. They kept their promise. It made me feel so much better when I actually heard in their voices how unfair they felt I had been treated. They were always professional, but I could tell they cared,” said the survivor. “I expected the students would do a good job, but having dealt with lawyers in the past, I never expected such a fine argument. It was very impressive and obviously made the difference in granting my request. What they did to help me means more than any amount of money. I can breathe now and continue the process to get my Virginia nursing license!”

“I am glad our client reached out to us for legal help,” said M-VETS Director Timothy MacArthur. “The titling process in the military has the potential to negatively affect a person’s life even if they were never charged with or found guilty of a crime. The military views the titling process as an operational process and not a legal process. Once you have been titled with an offense in the CRC system, it is practically impossible to remove your name from that system. This is what was happening to our client and fortunately we were able to help her out and clear her name from the database,” MacArthur said.

“The titling process changed in 1992 and prior to that time the evidentiary standard to title someone as a subject of an investigation was probable cause,” MacArthur explained. “Thankfully, we were able to petition the Army CID command and convince them that there was not probable cause at the time to title the survivor with those offenses and they agreed. This matter took over three years to successfully resolve and five M-VETS student-advisors were able to help our client clear her name. This should allow the process for her application for a Virginia nursing license to continue unimpeded. I’m proud of the work our student-advisors put into this matter and want to thank them for all their efforts,” MacArthur continued.

M-VETS provides free legal representation to veterans, active duty servicemembers, 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.