Year in Review 2024

DIRECTOR’S GREETING:

T. MacArthur
Timothy M. MacArthur, Esq.

Marking its 20th anniversary in 2024, the Mason Veterans and Servicemembers Legal Clinic (“M-VETS”) continued its vital mission of providing pro bono legal assistance to veterans, active-duty service members, and their families. Surpassing the $6 million mark in private market value of client services rendered since its inception in 2004, M-VETS completed approximately 3,000 hours of legal work during the year, providing the private market value equivalent to over $700,000 in legal services. This year, M-VETS achieved several significant case victories, including securing honorable discharges for Navy and Marine Corps veterans, obtaining service-connected medical separations and disability benefits (such as a 50% compensation rate with lifelong monthly payments for a U.S. Air Force veteran in collaboration with the George Mason University Center for Community Mental Health), and resolving a landlord-tenant dispute resulting in over $2,700 in recovery for a veteran family. In addition, M-VETS student advisors contributed insightful blog posts on topics ranging from survivor benefits and Military Lending Act protections to housing solutions for homeless veterans, further supporting the military community. We appreciate the support of our sponsors and community partners, including the Virginia Law Foundation and Arlington County Bar Foundation. We also extend our heartfelt thanks to our student advisors and administrative support staff for their continued support of the M-VETS mission. We wish our students, alumni, colleagues, supporters, and the entire military community a Happy New Year and a happy, healthy 2025!

MILESTONES:

Since its inception in 2004, M-VETS has represented hundreds of clients in a wide variety of legal matters and provided pro bono legal services valued at over $6 million. In 2024, M-VETS continued to offer 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 licensed attorneys. M-VETS provides representation in a variety of matters, including matters before the Department of Veterans Affairs (DVA) administration and various administrative boards, such as discharge upgrades, record corrections, military pay, and entitlement matters, and DVA disability benefit appeals.

M-VETS TURNS 20 AND CONTINUES ITS MISSION OF PRO BONO ASSISTANCE TO VETERANS AND SERVICE MEMBERS:

Situated less than 4 miles from the Pentagon, on the doorstep of the nation’s capital, and neighboring several major military installations, George Mason University proudly demonstrates its commitment to those who wear—or have worn uniform in service to our nation. A prime example is the law school’s Mason Veterans and Servicemembers Legal Clinic (M-VETS).

In the wake of 9/11, the clinic was established in 2004 by the Antonin Scalia Law School to address urgent legal needs faced by deployed servicemembers and their families—sparked by a real-world case where a George Mason law student’s family sought pro bono help with a landlord-tenant dispute. Originally named the Clinic for Legal Assistance to Servicemembers and Veterans, it was the first program of its kind in U.S. legal education and has since inspired similar clinics nationwide. M-VETS empowers Mason law students to assist servicemembers, veterans, and their dependent family members in a broad range of litigation and non-litigation matters. Since its inception, student advisors have helped hundreds of clients from all five branches of the armed services.

These services are not restricted by state of residence. M-VETS relies on private donations and extends heartfelt gratitude to the individuals, corporations, and foundations whose generous support sustains the clinic.

CASE VICTORY HIGHLIGHTS:

In 2024, M-VETS achieved remarkable successes that transformed veterans’ lives, including securing honorable discharges, obtaining critical disability benefits, and winning civil disputes. Detailed accounts of these victories are highlighted below, reflecting the clinic’s dedication to advocating for the military community.

M-VETS Student Advisor and Assistant Director Advocate on Behalf of Two Clients at Board of Veterans’ Appeals Hearings[1]

In October 2024, M-VETS Student Advisor Danny Jenkins and Assistant Director Raphael Johnson advocated for two clients at hearings before the Department of Veterans Affairs (DVA) Board of Veterans’ Appeals (BVA). The first hearing on August 23 addressed a Virginia Army National Guard veteran’s 2018 claim for a Certificate of Eligibility for a DVA home loan, denied due to not meeting the six-year service requirement despite an exception for a service-connected disability; M-VETS argued that discharge paperwork inaccurately omitted the injury as the narrative separation reason for separation on his DD 214, and M-VETS advocacy eventually led to the veteran receiving a post-discharge medical retirement. The second hearing, on September 11, sought an increase in the disability rating from 10% to 50% for a service-connected injury from a 2019 claim, after five years of litigation.

“This firsthand advocacy is invaluable for our students and clients alike,” said M-VETS Director Timothy MacArthur. “Danny did an excellent job arguing the motion and presenting evidence during the hearing, conducting a pre-hearing conference, opening statement, and direct examination virtually. Raphael, who previously worked on the case as a student advisor in M-VETS, represented our client after a long wait—the DVA benefits process is paternalistic, allowing practical experience in a non-adversarial setting.”

M-VETS and GMU Center for Community Mental Health Join Forces to Help USAF Veteran Receive Monthly Disability Payments[2]

In August 2024, M-VETS collaborated with the George Mason University Center for Community Mental Health (GMU CCMH) to secure lifelong monthly disability payments at a 50% compensation rate for a U.S. Air Force veteran who served from 2016 to 2019. The veteran, impacted by the Department of Defense’s 2017 transgender service ban, suffered gender dysphoria, major depressive disorder, and anxiety linked to service; M-VETS student advisors collected treatment records and used a GMU CCMH psychosocial evaluation to file a successful DVA claim.

“I’m glad the veteran reached out to M-VETS, and we were able to assist with this issue,” said M-VETS Director Timothy MacArthur. “GMU CCMH did a remarkable job assessing the situation and preparing a comprehensive evaluation that assisted our veteran in receiving the compensation she deserves—our client served honorably in the USAF, and to have her invisible wounds recognized by the DVA as service-connected was a fantastic result. Throughout M-VETS’s representation, four student advisors assisted with the client’s matter, and they did an incredible job.”

M-VETS Succeeds and Secures Honorable Discharge for USMC Combat Veteran[3]

In July 2024, M-VETS secured a General, Under Honorable conditions discharge for a U.S. Marine Corps combat veteran before the Naval Discharge Review Board (NDRB), upgrading an Other than Honorable conditions characterization of service after submission of an application in 2022. The veteran, a Rifleman (0311) who served from 2004 to 2007 with two Iraq deployments (including Fallujah), suffered combat-related PTSD and traumatic brain injury, leading to self-medication and the prior discharge; this upgrade enables access to medical treatment and DVA disability benefits denied since 2007.

“I’m glad the veteran reached out to M-VETS, and we were able to assist with this issue,” said M-VETS Director Timothy MacArthur. “Since 2007, the veteran has not been eligible for disability benefits due to the discharge characterization and has carried the stigma of a discharge with less-than-honorable conditions. The stigma has been removed, and the veteran can use those hard-earned benefits due to the honorable conditions discharge. Throughout M-VETS’s representation, student advisors Liz Faris and Doug Boyle assisted with the client’s matter—they genuinely believed in this veteran’s cause, and their hard work paid off.”

M-VETS Secures Landlord-Tenant Victory for Veteran Family[4]

In April 2024, M-VETS secured over $2,700 in payments for a veteran tenant and his wife following a six-year effort in a Loudoun County General District Court case, originally filed in May 2018, to recover a $2,000 security deposit. Former student advisors Casey Hunt and Michael Vlcek won a $2,000 judgment, plus costs and interest, in October 2018. This was followed by a 2019 lien on the landlords’ property, from which payment was received upon the property’s sale.

“The day we found M-VETS, we went from having exhausted all options to having a full legal team with a way forward,” said the clients. “The knowledge, professionalism, and tenacity of the M-VETS team were a blessing we will always be thankful for.” M-VETS Deputy Director Leigh Winstead added, “We are extremely happy to see this matter fully concluded for our clients—particularly with security deposit disputes, it is usually cost-prohibitive for clients to retain an attorney because the attorneys’ fees outweigh the amount in controversy; our clinic makes recovery financially feasible for clients while providing hands-on opportunities for our law students to gain real trial experience.”

M-VETS Prevails and Secures Service-Connected Medical Separation for Army Veteran[5]

In April 2024, M-VETS successfully argued before the Board for Correction of Military Records (BCMR) to secure a service-connected medical separation for a U.S. Army Reserve veteran who served honorably from 2001 to 2005, correcting a 2021 claim and enabling access to long-overdue DVA housing benefits. The veteran, injured during service but initially discharged without service connection, discovered the error when denied a Certificate of Eligibility for a DVA home loan. M-VETS began work in 2018, and after the correction, the veteran obtained the COE the next day.

“Thankfully, the veteran reached out to M-VETS for assistance, and we are glad we could correct this injustice,” said M-VETS Director Timothy MacArthur. “Unfortunately, the separation authority made a clear error in judgment regarding the reason for separation—since 2005, the veteran has not been eligible for DVA housing benefits due to the inaccurate discharge; our client served honorably in the Army and was injured during her service, and to correct this injustice was a fantastic result. A significant amount of arduous work went into this effort, and I want to thank the M-VETS student advisors who oversaw this matter—Tyler Whidby, Allison Hemmer, and Jonathan Moeller—and made this outcome possible for our veteran.”

M-VETS Secures Honorable Discharge for Navy Veteran[6]

In February 2024, M-VETS secured a fully Honorable discharge for a Navy veteran before the Naval Discharge Review Board (NDRB), upgrading from General, Under Honorable Conditions after a 2023 application. The veteran, who served from 2008 to 2011 and suffered a service-related injury, had been barred from educational benefits since 2011 due to the inaccurate characterization; the upgrade removes the stigma and enables access to those benefits.

“Thankfully, the veteran reached out to M-VETS for assistance, and we are glad we could correct this injustice,” said M-VETS Director Timothy MacArthur. “Unfortunately, the separation authority made a clear error in judgment regarding the discharge characterization—since 2011, the veteran has not been eligible for educational benefits due to inaccurate discharge characterization and has carried the stigma of a discharge with less than fully honorable conditions; the stigma has been removed, and the veteran can use those hard-earned benefits due to the fully honorable conditions discharge. Throughout M-VETS’s representation, student advisor Kyle Elzey assisted with the client’s matter—he genuinely believed in this veteran’s cause, and his hard work paid off.”

OTHER HIGHLIGHTS:

A May 2019 blog post by former M-VETS student advisor Todd Mihill, “Marijuana Discharges: A Level Playing Field?”[7] was cited in the Reentry Coordination Council’s April 2022 Report to Congress, highlighting veteran-specific reentry barriers, such as housing insecurity and ineligibility for DVA services due to less-than-honorable discharges. The Council, comprising top officials including the Attorney General and Secretaries of HUD, Labor, Education, HHS, DVA, and Agriculture, addressed reducing barriers for the formerly incarcerated, exacerbated by COVID-19.

“This is incredible recognition for Todd,” said M-VETS Director Timothy MacArthur. “To be cited as a source in a report to Congress by a Council comprised of prestigious members is a significant achievement and a testament to Todd’s scholarly article—this is precisely why M-VETS requires student advisors to write blog posts while they are students in the clinic.”

STUDENT BLOG HIGHLIGHT:

M-VETS student advisors contributed meaningfully to the veteran community in 2024 through a series of insightful blog posts that offered practical guidance, raised awareness, and analyzed key legal and policy issues affecting service members, veterans, and their families. We are incredibly proud of their hard work, dedication, and the critical information they shared.

A standout contribution was “Supreme Court to Rule on Benefit of the Doubt Rule in Veterans Benefits Cases” by Spring 2024 M-VETS Student Advisor Sarah Barker (May 13, 2024). This post examined the Supreme Court’s decision to hear Bufkin v. McDonough, exploring how a favorable ruling could strengthen the benefit-of-the-doubt rule (38 U.S.C. § 5107(b)), potentially expanding veterans’ access to disability benefits by enabling deeper judicial review of VA decisions—highlighting the clinic’s role in engaging with high-level veterans’ law developments.

Other notable 2024 student blog posts included:

  1. Substance Use and Abuse: The War on Terror, Mental Healthcare, and the Problems Facing Our Troops” by Fall 2023 M-VETS Student Advisor Alden Campo (January 16, 2024)
  2. Understanding Military Parole in Place: What Is It and How Can a Servicemember’s Family Gain Immigration Benefits” (January 16, 2024)
  3. Early Lease Termination, Security Deposits: Service Members and Landlords” by Spring 2024 M-VETS Student Advisor Dan Perszyk (May 1, 2024)
  4. The U.S. Department of Veterans Affairs’s Fight Against the Opioid Epidemic and Non-Opioid Treatment Alternatives for Servicemembers and Veterans” by Spring 2024 M-VETS Student Advisor Andrew Yildizlar (May 9, 2024)
  5. Army Announces Creation of the Army Exceptional Family Members Program to Better Support Families with Special Needs” by Spring 2024 M-VETS Student Advisor Lucas Zelasko (May 10, 2024)
  6. Your Veteran Has Passed, What Next” by Spring 2024 M-VETS Student Advisor Jacob Frankson (May 13, 2024)
  7. COVID-19 and the Department of Defense Response: Pushback and New Policy” by Spring 2024 M-VETS Student Advisor Nicholas J. Bishop (May 13, 2024)
  8. Housing Our Homeless Veterans: The Conversation Surrounding America’s Heroes” by Spring 2024 M-VETS Student Advisor Mark Rasmussen (May 16, 2024)
  9. The Lived Experience of Administrative Law” (May 20, 2024)
  10. Understanding Your Rights: Active Duty Service Members Must Know Their Rights to Claim Protection Under the Military Lending Act” by Spring 2024 M-VETS Student Advisor (August 21, 2024)