Since
1933, veterans of the United States Armed Forces have been frustrated
by laws which prohibited judicial review of denials of their claims
for federal veterans benefits. With the landmark Veterans' Judicial
Review Act now in place, veterans who have been denied benefits by the
U.S.
Department of Veterans Affairs can now appeal to
a new federal appeals court--the U.S. Court of Appeals for Veterns Claims
U.S.
Court of Appeals for Veterans Claims.
The
new Court has sparked an enormous demand by veterans seeking judicial
review. More than 20,000 veterans or their survivors have filed appeals
in the Court. Most cases involve claims for VA disability or death benefits.
Unfortunately,
for many veterans the promise of effective judicial review has proved
elusive. More than 70% of those who have appealed to the Court have
been unable to secure representation. This is in large part because
they are unable to afford an attorney.
Unrepresented
veterans are obviously at a significant disadvantage in litigating against
the VA General Counsel's Office, which represents the VA in all Court
proceedings. Mentally and physically disabled veterans especially disadvantaged.
What
Is the Veterans
Consortium Pro Bono Program
In
1991, the Court responded to the problem of its large pro se caseload
by asking Congress to reallocate part of the Court's own budget into
efforts to secure representation for needy claimants. As a result of
the ensuing and subsequent legislation, a consortium of four organizations
received a grant to operate a pro bono program. The program recruits
attorneys willing to volunteer to represent needy individuals before
the Court. The program screens appeals so that free representation can
be provided in the most meritorious cases, and offers comprehensive
training and support to those participating attorneys. The organizations
comprising the consortium are The American Legion, the Disabled American
Veterans, the National Veterans Legal Services Program, and the Paralyzed
Veterans of America.
How
You Can Help
The
Veterans Consortium Pro Bono Program is seeking
attorneys to represent one appellant before the Court of Appeals for
Veterans Claims. We are also seeking firms to accept a block of cases.
Private attorneys with no veterans law experience have demonstrated
their ability to capably represent appellants in the Court. Most cases
can be completed in 50 hours. To date, over 1,700 attorneys have accepted
1,500 cases under the program.
How
the Veterans Consortium
Pro Bono Program Works
The
cornerstones of the Veterans Consortium Pro Bono Program are screening
of cases for merit and attorney training. The program's staff of experienced
veterans law specialists screens the appeal of every individual who
seeks pro bono representation from the program. Only those appeals that
appear meritorious and meet income eligibility guidelines are referred
to volunteer attorneys.
Before
accepting an appeal, all attorneys will have the opportunity to attend
a training program conducted by experts in the field. In a very few
cases, a training videotape is available for those unable to attend
in person. Each attorney upon accepting a referral will receive a free
copy of the latest edition of the The
Veterans Benefits Manual, a comprehensive guide
to litigating veterans benefits claims and any current update, once
accepting a referral. Upon accepting a referral, each attorney will
receive a memorandum discussing the facts and legal issues in the appeal,
the name and telephone number of the veterans law specialist who screened
the case, the
Manual, and the name and telephone number
of an assigned mentor from one of the sponsoring organizations and who
specializes in this area of the law. Mentors will be available to discuss
litigation strategy, provide sample briefs, review draft pleadings and
conduct a moot court if oral argument is granted.
Why
Do Your Pro Bono Work Through
the Veterans Consortium Pro Bono Program?
There
are many ways an attorney can do pro bono work. But participating in
the Veterans Consortium Pro Bono Program offers several advantages:
-
The
program provides one of the few opportunities to obtain appellate
litigation experience while performing pro bono service. In addition
to brief writing, many cases involve oral argument before a panel
of three judges.
-
Representation
before the Court can provide an opportunity to make new law. Since
the Court is relatively new, many of the cases present issues of
first impression.
-
The
program provides significant support and training to ensure that
your time is used effectively:
--cases
are prescreened for merit in advance of assignment;
--volunteer
attorneys are quickly oriented to the case with a memorandum describing
the facts and legal issues;
--further
assistance is available both from the assigned case-monitor and
assigned mentor;
--volunteers
participate in an in-depth full-day training program by experts,
and receive a detailed practice manual after case referral. Malpractice
insurance is provided. CLE credits are available in most states
(You must apply individually for CLE credits unless the specific training has been pre-approved.)
Scheduled
Training classes are:
___ Friday, November 18, 2005 (Washington, DC)
___ Friday, April 28, 2006 (Washington, DC)
___ Friday, November 17, 2006 (Washington, DC)