VA ACCREDITATION. PROGRAM MATERIALS November 16,

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1 VA ACCREDITATION PROGRAM MATERIALS November 16,

2 1 of 84 November 16, 2017 ICLE: State Bar Series VA Accreditation 7.5 CLE Hours including 1 Ethics Hour 1 Professionalism Hour 1 Trial Practice Hours Sponsored By: Institute of Continuing Legal Education

3 2 of 84 Copyright 2017 by the Institute of Continuing Legal Education of the State Bar of Georgia. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical photocopying, recording, or otherwise, without the prior written permission of ICLE. The Institute of Continuing Legal Education s publications are intended to provide current and accurate information on designated subject matter. They are offered as an aid to practicing attorneys to help them maintain professional competence with the understanding that the publisher is not rendering legal, accounting, or other professional advice. Attorneys should not rely solely on ICLE publications. Attorneys should research original and current sources of authority and take any other measures that are necessary and appropriate to ensure that they are in compliance with the pertinent rules of professional conduct for their jurisdiction. ICLE gratefully acknowledges the efforts of the faculty in the preparation of this publication and the presentation of information on their designated subjects at the seminar. The opinions expressed by the faculty in their papers and presentations are their own and do not necessarily reflect the opinions of the Institute of Continuing Legal Education, its officers, or employees. The faculty is not engaged in rendering legal or other professional advice and this publication is not a substitute for the advice of an attorney. This publication was created to serve the continuing legal education needs of practicing attorneys. ICLE does not encourage non-attorneys to use or purchase this publication in lieu of hiring a competent attorney or other professional. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. Although the publisher and faculty have made every effort to ensure that the information in this book was correct at press time, the publisher and faculty do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. The Institute of Continuing Legal Education of the State Bar of Georgia is dedicated to promoting a well organized, properly planned, and adequately supported program of continuing legal education by which members of the legal profession are afforded a means of enhancing their skills and keeping abreast of developments in the law, and engaging in the study and research of the law, so as to fulfill their responsibilities to the legal profession, the courts and the public. Printed By: Publication No

4 FOREWORD VA Accreditation 3 of 84 iii Dear ICLE Seminar Attendee, Thank you for attending this seminar. We are grateful to the Chairperson(s) for organizing this program. Also, we would like to thank the volunteer speakers. Without the untiring dedication and efforts of the Chairperson(s) and speakers, this seminar would not have been possible. Their names are listed on the AGENDA page(s) of this book, and their contributions to the success of this seminar are immeasurable. We would be remiss if we did not extend a special thanks to each of you who are attending this seminar and for whom the program was planned. All of us at ICLE hope your attendance will be beneficial as well as enjoyable We think that these program materials will provide a great initial resource and reference for you. If you discover any substantial errors within this volume, please do not hesitate to inform us. Should you have a different legal interpretation/opinion from the speaker s, the appropriate way to address this is by contacting him/her directly. Your comments and suggestions are always welcome. Sincerely, Your ICLE Staff Jeff rey R. Davis Executive Director, State Bar of Georgia Tangela S. King Director, ICLE Rebecca A. Hall Associate Director, ICLE

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6 AGENDA VA Accreditation 5 of 84 v Presiding: Drew N. Early, Program Co-Chair, Shewmaker & Shewmaker, LLC, Atlanta Patricia D. Shewmaker, Program Co-Chair, Shewmaker & Shewmaker, LLC, Atlanta 7:30 REGISTRATION AND CONTINENTAL BREAKFAST (All attendees must check in upon arrival. A jacket or sweater is recommended.) 8:00 WELCOME AND PROGRAM OVERVIEW Patricia A. Elrod-Hill, Chair of the Military and Veterans Law Section, The Elrod-Hill Law Firm, LLC, Norcross 8:15 VA PENSION AND DIC Victoria H. Watkins, Attorney at Law, Marietta 9:00 REPRESENTATION BEFORE THE VA Patricia A. Elrod-Hill 9:30 CLAIMS PROCEDURES AND BASIC ELIGIBILITY Keely M. Youngblood, Emory Law Volunteer Clinic For Veterans, Atlanta 10:15 BREAK 10:30 UPDATES FROM THE VETERANS ADMINISTRATION Dawn P. Kentish, LICSW, MAC, Veterans Justice Outreach Supervisor, Veterans Administration, Atlanta Nicole Price, Deputy District Chief Counsel, Office of the General Counsel Southeast District North, Veterans Administration, Decatur 11:00 PROFESSIONALISM KEYNOTE SPEAKER Hon. Ural D.L. Glanville, Judge, Fulton County Superior Court; Brigadier General, U.S. Army JAG; State of the U.S. Army Judge Advocate General Corps, Atlanta 12:00 BREAK Obtain boxed lunch (included in registration fee) and return to seminar room. 12:10 LUNCH PRESENTATION UPDATES TO MILITARY AND VETERANS LAW SECTION Patricia A. Elrod-Hill 12:50 THE MILITARY LEGAL ASSISTANCE PROGRAM (MLAP) OF THE STATE BAR OF GEORGIA Norman E. Zoller, Coordinating Attorney, Military and Veterans Legal Assistance Program, State Bar of Georgia, Atlanta 1:05 UPDATES FROM THE GEORGIA DEPARTMENT OF VETERAN SERVICES Robert E. Bob Norman, Veterans Training & Development Division, Georgia Department of Veterans Service, Atlanta

7 6 of 84 1:35 DISABILITY COMPENSATION AND CASE LAW UPDATE Drew N. Early 2:35 VA APPEALS PROCESS J. Travis Studdard, Perkins Studdard LLC, Carrollton 3:20 BREAK 3:35 ETHICS & PROFESSIONAL RESPONSIBILITY REPRESENTING CLIENTS WITH DISABILITIES Drew N. Early 4:35 CLOSING REMARKS/ADJOURN

8 TABLE OF CONTENTS VA Accreditation 7 of 84 vii Page Foreword... iii Agenda...v VA Accreditation Appendix: ICLE Board... 1 Georgia Mandatory CLE Fact Sheet... 2

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10 9 of 84 8:15 VA PENSION AND DIC Victoria H. Watkins, Attorney at Law, Marietta

11 10 of 84 VA Dependency and Indemnity Compensation (DIC) and Pension Victoria H. Watkins, Attorney at Law Marietta, Georgia

12 11 of 84 VA Dependency and Indemnity Compensation (DIC) and Pension Victoria H. Watkins, Attorney at Law Marietta, Georgia I. Surviving Spouse and Child DIC.. 1 a. Who 1 b. What. 4 c. How 6 II. Parent DIC...7 a. Who 7 b. What. 8 c. How 9 III. IV. DIC-Related Survivor Benefits.9 VA Pension.10 a. Who 10 b. What. 12 c. How 15 Practice Pointers.16 Recommended Reading..17

13 12 of 84 VA Dependency and Indemnity Compensation (DIC) and Pension Administration of veteran s benefits by the VA is divided between the VHA which manages health care benefits to former service members and the VBA or Veteran s Benefits Administration (VBA) which provides additional monetary benefits to qualifying veterans and their survivors. In particular, the VBA adjudicates and administers Dependency and Indemnity Compensation (DIC) claims (authorized under 38 U.S.C. Chapter 13) as well as claims under the Improved Pension program. There were 28,891 additional DIC recipients in FY 2016 (bringing the total to 399,219), and 70,761 new Pension beneficiaries (increasing that total to 491,685). 1. This paper will examine the who, what, and how of both of these important programs you are likely to encounter as an Accredited Attorney. I. Surviving Spouse and Child DIC Who? DIC is most commonly awarded to a veteran s surviving spouse. 2 DIC can also be awarded to surviving children of the veteran. A surviving spouse may be eligible if he or she: validly married the veteran before January 1, 1957, OR was married to a service member who died on active duty, active duty for training, or inactive duty training, OR 1 Based on data reported by the VA in 2014 for FY See Compensation-FY pdf and 2 For FY 2016, the VA reported that over 95% of DIC payments were to surviving spouses. See id. 1

14 13 of 84 married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran s death began or was aggravated, OR was married to the veteran for at least one year, OR had a child with the veteran, AND cohabited with the veteran continuously until the veteran s death or, if separated, was not at fault for the separation, AND is not currently remarried (except that a surviving spouse who remarried on or after on or after December 16, 2003 and has attained the age of 57 is entitled to continue receiving DIC payments). A spouse who remarried, lost DIC entitlement, and subsequently divorced (or was widowed) may apply for reinstatement of DIC benefits pursuant to the Veterans Benefit Act of A surviving child is eligible to receive DIC if he or she is not included in the surviving spouse s DIC, is unmarried, and is under the age of 18 (or between the ages of 18 and 23 and attending school). A surviving child who is determined by the VA to be a helpless adult will also qualify. DIC to a surviving spouse or child is treated as an entitlement and not needs-based. There are two primary paths to DIC qualification for surviving spouses and children, depending on whether the veteran s disability was a total disability. In all cases, the veteran s own misconduct cannot have been the cause of the injury or disability. 2

15 14 of 84 If the veteran s service-connected disability was less than total, a surviving spouse or child can make a successful claim by showing that the veteran s death was due to a condition incurred or aggravated either while on active duty or inactive duty for training. A death resulting from a service-connected disability that is not a total disability will also render a survivor eligible. In order to demonstrate causation between the disability and death, the claimant must show that the service-connected condition was the principal cause or a contributory cause of the veteran s death. The 2013 case of El-Amin v. Shinseki 3 is illustrative of how a service-connected disability can meet the qualification of being a contributory cause to a seemingly unrelated cause of death. There, the Court of Appeals for Veterans Claims (CAVC) found that Mr. El-Amin s cause of death (cirrohsis of the liver) was caused by his nonservice-connected alcoholism, which was aggravated by his service-connected PTSD, and therefore compensable. Although a causal connection between the death and service-connected disability is required where the disability is less than total, where a total disability is present, and preexisted the veteran s death, the 10-year rule, 5-year rule, or 1-year rule then applies. 4 In essence, if a total disability meets the appropriate time criteria, the death is treated as presumptively having been caused by the service-connected disability without the claimant having to prove principal or contributory cause. If the veteran was continuously totally disabled due to service-connected injury for at least ten years prior to the death, then the death will qualify a surviving spouse or 3 26 Vet. App. 136 (2013) U.S.C

16 15 of 84 child to DIC. Likewise, if a total disability rating existed at date of military discharge and was continuous thereafter for at least five years until the veteran s death, a causal connection is not required to receive an award of DIC. The one-year rule is limited to former POWs rated 100% for at least one year prior to death. It is worth noting that, although the qualifying description assumes that a service-connected disability was established by the veteran during his or her lifetime, 38 U.S.C entertains the possibility of entitlement where a veteran was entitled to a service-connected disability payment even if they were not currently receiving such payment. The path to establishing qualification then takes on the additional task of proving a Compensation case in addition to DIC. That is, the claimant must show that the veteran suffered a disability, that there was an in-service injury or event, and a nexus between the two. What? Surviving spouse and child DIC benefit rates for deaths that occurred prior to January 1, 1993 were based on the veteran s rank. 5 However, for deaths occurring on or after that date, a basic monthly rate of $1, is awarded for a surviving spouse. An additional $ is added to a surviving spouse s award for each dependent child under the age of 18. Furthermore, the monthly award is increased by $ where the veteran s disability rating was or should have been total for at least eight years preceding death and the surviving spouse was continuously married to the veteran for 5 38 U.S.C. 1311(a)(3) 6 38 U.S.C. 1311(a)(1); effective December 1, U.S.C. 1311(b) 4

17 16 of 84 all eight years. 8 Finally, a surviving spouse can obtain an additional $ monthly if the qualifications for Aid and Attendance are also met. 9 These figures are adjusted annually so it is prudent to check the current Code section when advising clients. These payments are considered disability payments and, therefore, are tax-free. If a surviving spouse has one or more children under the age of 18, and the veteran was the biological, adoptive, or step-parent of the child or children, the surviving spouse is entitled to an additional enhancement of $ per month for the first two years of entitlement to DIC. 10 Unlike the dependent child enhancement, this temporary transitional DIC is not adjusted per child (it is the same $ whether there is one child or ten) and will not extend beyond two years. Furthermore, if all children achieve the age of 18 prior to the expiration of the two year period, the temporary transitional DIC is discontinued. To the extent that any judicial proceedings result relative to the veteran s death, the amount of DIC is reduced by the amount received by settlement or judgment. Conversely, if the surviving spouse is also entitled to recovery under the Survivor s Benefit Plan (SBP), the SBP amount is reduced by the amount of DIC. A minor child s DIC award depends upon whether a surviving spouse is also receiving DIC for the minor. Each child over 18 years of age who is in school can receive $ per month, and each child over 18 who is deemed helpless can receive $ per month. 11 Where there is no surviving spouse, a child s DIC award depends on the 8 38 U.S.C. 1311(a)(2) 9 38 U.S.C. 1311(c); see also p.12, below U.S.C. 1311(f). 11 See 5

18 17 of 84 number of children sharing the award and can range from $ each for nine children to $ for one child. 12 As discussed below, children of deceased veterans with a service-connected disability are also entitled to educational benefits. However, that benefit and DIC cannot both be received, and the claimant s advocate should evaluate the current benefit amount under both programs before advising an election. How? Applications by surviving spouses and dependent children for deaths that did not occur while on active duty or in training should be made via VA Form 21P-534ez Application for Dependency and Indemnity Compensation, Death Pension, and Accrued Benefits by a Surviving Spouse or Child. Where necessary, a claimant may submit additional information regarding the veteran s service and medical condition both lay and medical evidence. The claimant is not bound to rely on information only in the VA s possession, nor to the VA s previous rulings regarding a compensation claim in deciding a claim for DIC. In cases where the death occurred on active duty or during training, a Form a should be used instead and submission of the application should be coordinated through the assigned Military Casualty Assistance Officer. There is no time limit or statute of limitations for submission of a DIC claim. However, for the accredited attorney or agent assisting an applicant, the timeline of the application can still impact the amount ultimately received. If a claim for DIC is 12 Id. 6

19 18 of 84 received by the VA within one year of the veteran s death, then the award will be retroactive to the date of the veteran s death. Claims made outside that one-year window will only be retroactive to the month following the submission of the claim. II. Parent DIC Who? Regardless of whether a surviving spouse claims DIC, a veteran s parent may seek an award for DIC from the VA. However, the requirements are much more restrictive for a parent than for a surviving spouse or child. First, for a parent to receive DIC, there must exist a causal connection between the veteran child s death and a disease or injury incurred or aggravated while on active duty or inactive duty training, or the death and a service-connected disability, regardless of whether the veteran s disability was total. The 10-, 5-, and 1-year rules discussed above are not applicable to a parents DIC claim. Furthermore, parents DIC, is a needs-based program based on the financial need of the parent(s), and is premised on the assumption that the parent was financially dependent on the veteran. In order to be awarded, a parent s monthly income must fall below specified thresholds. Countable income for VA purposes can be reduced by certain medical expenses. 7

20 19 of 84 What? The VA provides a chart setting forth the parents DIC amounts subject to annual cost of living increases - at various income levels 13 such that: A sole surviving parent (regardless of current marital status) can receive a maximum of $622 per month, provided that the parent s income does not exceed $800 per month. The maximum rate is decreased by $0.08 per additional dollar over $800 per month. Each surviving parent (if they remain married or living together) can receive up to $423 per month, provided that the parent s income does not exceed $1,000 per month. The maximum rate decreases by $ per dollar of additional income above $1,000. Each surviving parent (if they are no longer married or living together regardless of whether they are married to or living with someone else) can receive up to $450 per month, provided that the parent s income does not exceed $800 per month. A $ decrement factor is applied to each dollar above $800, according the to VA s published table. If a parent meets the requirements for Aid and Attendance that is he or she requires assistance with essential activities of daily living (further details below) he or she will be entitled to an additional $337 per month. As with payments to surviving spouses and children of a deceased veteran, DIC payments to a veteran s parent are likewise tax free. 13 Based on 38 U.S.C For complete, current chart, see 8

21 20 of 84 How? Applications for Parents DIC should be made on VA Form Application for Dependency and Indemnity Compensation by Parent(s). III. DIC-Related Survivor Benefits If the veteran s death was due to a service-connected disability or the veteran was, at the time of death, permanently and totally disabled due to a service-connected disability, a surviving spouse or child may also be entitled to medical benefits under the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). Surviving spouses and dependent children wishing to avail themselves of medical benefits through the CHAMPVA program (by virtue of the same circumstances giving rise to DIC entitlement) should submit VA Form 10-10d Application for CHAMPVA Benefits. Information regarding any other health insurance (OHI) held by the applicant is also required via VA Form c CHAMPVA Other Health Insurance (OHI) Certification, as CHAMPVA is intended as a secondary insurer where health insurance from another source exists. Similarly, where a veteran s death occurred on active duty, due to a service connected disability, or followed the 10-, 5- or 1-year rule, a surviving spouse is entitled to the benefits of the VA home loan program. 14 Another benefit that attaches for a surviving spouse or child is an education stipend. While a surviving spouse can obtain education benefits also called Chapter U.S.C. 3701(b). 9

22 21 of Benefits concurrently with DIC, a child cannot and must elect between the two. Deaths in the line of duty since September 10, 2001, give rise to entitlement under the Fry Scholarship. The scholarship provides full public school tuition or up to $20, toward private tuition (paid directly to the qualifying educational institution), up to $1,000 per academic year for supplies, and a housing allowance commensurate with the local BAH for an E-5 with dependants. Other deaths caused by service-connected disabilities but not sustained in combat give rise to entitlement under the Survivors and Dependents Educational Assistance Program (DEA). Under the DEA, a full-time student can receive a $1,018 stipend paid directly to the student. The benefit can be used for years following the veteran s death. A Form should be used to apply for educational benefits. IV. VA Pension 38 U.S.C. Chapter 15 Who? The VA Improved or Special Pension program is not a pension in the colloquial sense of a retirement payment based on a career in service. Rather, is designed to benefit wartime veterans (for entry into service prior to September 7, 1980, wartime veterans is defined as those veterans who served a minimum of 90 consecutive days of active duty, one of which was during a war period (shown below at p.12); for entry into service after September 7, 1980, the term applies to veterans who served at least 24 months active duty or the full term to which they were called) who have limited financial means. Service in a warzone is not required. Service in supportive services may also 10

23 22 of 84 qualify. For examples, individuals having served in the Merchant Marines may satisfy the service requirement. Qualifying veterans must have received a better than dishonorable discharge. Further, they must be 65 or older, or completely disabled. A surviving spouse may also qualify for the VA Pension provided that he or she was married to the veteran for at least one year or had a child together, was married to the veteran at the time of his or her death, and has not remarried. An applicant s income for VA purposes (IVAP) 15 must be less than the maximum allowable pension amount sought in order to qualify. IVAP is the total household income (i.e. veteran and all dependents) from all sources (e.g. Social Security, retirement, interest and dividends) unless specifically excluded 16. This amount may be reduced for purposes of pension eligibility by recurring medical expenses that are not reimbursed from another source (e.g. Medicare, supplemental insurance). Further, an applicant s net worth may not be excessive based on the circumstances (i.e. dependents, existing expenses and anticipated rate of depletion, and life expectancy). This can be a challenging area on which to advise clients, because the VA currently does not publish a set limit. At the time this paper went to the printer, the use of certain trusts and/or gifting in order to lower net worth is permitted, and there is no lookback period or penalty against any recently-transferred assets, such as is the case with Medicaid CFR CFR Proposed changes to the CFR published in January 2015, if put into effect, would have instituted a three-year look back period and assigned a fixed asset limitation, among other changes. These revisions are still under review by the VA. The Veterans Care Financial Protection Act, initially introduced in Congress in 2014, similarly seeks to make changes to the financial qualifications for the Pension program. Be aware that qualification criteria in this area are likely to change in the near future. 11

24 23 of 84 WAR PERIODS 18 WWI (served in Russia) Apr 06,1917 through Apr 01,1920 (all others) Apr 06,1917 through Nov 11,1918 WWII Dec 07,1941 through Dec 31,1946 Korea Jun 27,1950 through Jan 31,1955 Vietnam (served in Feb 28,1961 through May 07,1975 Vietnam) (all others) Aug 06,1964 through May 07, 1975 Gulf Aug 02,1990 through TBD What? The VA Pension amount varies depending on the applicant s dependents and physical circumstances. 19 The amount determined each year by Congress (and modified by appropriate cost of living adjustments) is an annual entitlement figure and, when arriving at monthly payment amounts, the VA divides by 12 months, and rounds down. The Basic Pension amounts effective December 1, 2016 as a result of passage of the 0.3% increase factor are as follows: Applicant Status Maximum Annual Rate Veteran with one dependent $16,902 Veteran with no dependents $12,907 Surviving spouse $8, A summary of the relevant portions of 38 C.F.R. as it relates to defined war periods can be found at: 19 For the most current rates, refer to and which are based on 38 C.F.R

25 24 of 84 An enhancement to the basic pension is warranted if the applicant is Housebound. The VA defines housebound as being permanently and substantially confined to one s immediate premises. Under those circumstances, the maximum entitlements increase as follows: Applicant Status Maximum Annual Rate Veteran with one dependent $19,770 Veteran with no dependents $15,773 Surviving spouse $10,580 A further enhancement may be obtained if the applicant requires Aid and Attendance. Note that while the need for skilled nursing care will qualify an applicant for Aid and Attendance, this designation does not require that the applicant need skilled nursing care. Rather, an applicant who can demonstrate that he or she requires assistance with activities of daily living (at least two or three) as it relates to self-care, can obtain the Aid and Attendance enhancement. Examples of qualifying activities of daily living include: bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, and mobility assistance. Simply requiring meal preparation, housekeeping assistance, or medication reminders is not sufficient. As a practical matter, many or most seniors residing in an assisted living facility will meet this requirement. 13

26 25 of 84 The maximum awards for Aid and Attendance in 2016 are as follows: Applicant Status Maximum Annual Rate Veteran with one dependent $25,525 Veteran with no dependents $21,531 Surviving spouse $13,836 Where additional dependent children are present, the veteran s or surviving spouse s annual award may be increased by $2,205 per child. A veteran who is receiving payment from the VA relative to a service-connected disability may not receive both that payment and pension. However, the veteran may obtain the greater of these two amounts, so pension (with or without enhancements) may be a worthwhile pursuit for a veteran who has a lower service-connected disability rating. Further, veterans (but not surviving spouses) who have been awarded the Housebound or Aid and Attendance level of pension are entitled to a Priority Four classification by the Veterans Health Administration. This effectively entitles them to receive hospital care, outpatient care, and prescription drugs through the VA. In particular, the ability to obtain prescriptions through the VA can greatly impact the veteran s healthcare expenses. Veterans who have been awarded the basic pension are entitled to a Priority 5 classification. 14

27 26 of 84 How? Veterans should apply for Pension using VA Form 21P-527ez Veteran s Application for Compensation and/or Pension and Surviving Spouses should apply using VA Form 21P-534ez Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child. Applications at all levels should be accompanied by appropriate discharge documentation and vital records (birth, marriage including marriage certificates and divorce decrees from any prior marriages - and death certificates, where appropriate). As a practice pointer, it is advisable to retain the originals on file and submit a legible copy to the VA for processing, as original documents have been lost by the VA in the past. Evidence of income and assets should be included with the application. Unreimbursed medical expenses that an applicant seeks to have applied against their IVAP should be documented concurrent with the application. Applications for pension plus an enhancement (Housebound or Aid and Attendance) should also include medical evidence. The VA s Form Examination for Housebound Status or Permanent Need for Regular Aid and Attendance should be completed by the applicant s treating physician. Documentation of the cost and type of assistance being received by the applicant should also be included. In cases where an applicant is receiving care outside of an assisted living facility, the VA will recognize valid personal care contracts between the applicant and 15

28 27 of 84 caregiver. An Attendant Affidavit should accompany a copy of the personal care contract when submitting the application. A VA award for Pension (including Housebound and Aid & Attendance) is retroactive to the first of the month, following the month of application. For example, applications submitted in November 2017 are awarded back to December 1, The VA reports that it is making efforts to decrease wait times for review and approval of applications. Practice Pointers: Obtain most current benefit information and forms directly from the VA website, as the substance of both is subject to frequent change. With all applications, consider filing a 21-22a Appointment of Individual as Claimant s Representative if you wish to be able to discuss your client s case directly with the VA. Retain copies of all documents filed. When filing a traditional paper application, submit by a traceable method (e.g. FedEx). 16

29 28 of 84 Recommended Reading: LexisNexis Veterans Benefits Manual Federal Benefits for Veterans, Dependents & Survivors (published annually by the VA and available for free online; for the current edition, see ) Relevant regulations can be found in 38 CFR (available in print from LexisNexis or free online at ) CAVC Opinions 17

30 29 of 84 9:00 REPRESENTATION BEFORE THE VA Patricia A. Elrod-Hill

31 30 of 84 I. The Three Branches of the Department of Veterans Affairs (VA) The Department of Veterans Affairs is divided into three branches: The Veterans Benefits Administration, The Veterans Health Administration, and The VA National Cemetery Administration. The VA Benefits Administration (VBA) administers the Compensation and Pension programs, as well as Vocational Rehabilitation and Employment, Education and Training, Life Insurance and Home Loans. The Veterans Health Administration administers healthcare benefits and runs the VA hospitals and clinics. Claimant for VA purposes is any individual seeking benefits administered by the VBA, VHA, or Cemetery. 1 II. Who is a Representative? A representative of a claimant is any person who aids him or her with the three P s of a claim: Preparation, Presentation, and Prosecution of the claim. A claimant can only have one representative of a claim. A representative may be a Veterans Service Organization, an attorney, or another person who has been accredited by the VA, 2 and that representative has to have filed Form 21-22, if a Veterans Service Organization and 21-22a, if an Agent or Attorney. Veterans Service Organizations (VSO) and service representatives often represent claimants before the VA. There are hundreds of VSOs and service representatives throughout the US. Although many VSO s employ full-time personnel, they are usually made up of volunteers who are often veterans themselves. Examples of VSO s include Paralyzed Veterans of America, Vietnam Veterans of America, etc. An alphabetical list of VSO s can be found at Directory_ pdf. A VSO s job is to provide services to veterans, and they are usually very helpful. However, the VSO s training is generally focused on serviceconnected compensation claims, so they are less knowledgeable about the pension and aid and attendance areas C.F.R. Section (h) 2 38 C.F.R. Section (m) and (n); 38 C.F.R. Section (a) Service Organization Representatives and (b) Accreditation of Agents and Attorneys 3 38 C.F.R. Section (a) - 1 -

32 31 of 84 VSOs are known by many other names, including: accredited service representatives, service officers, department service officers, and national service officers. Claimants can appoint a VSO by filing VA Form that names the VSO as the claimant s representative. 4 Family members and friends can act as one-time representatives of the claimant. A one-time representative must file a 21-22a, as opposed to the 21-22, which is just for a VSO. A one-time representative must also submit a statement saying they will receive no compensation for the representation. 5 III. The Basics of Accreditation: Who Must Be Accredited and When A. Accreditation Since 2008, all attorneys who assist claimants in the preparation, presentation, and prosecution of claims for VA benefits must first be accredited by the VA. In addition, all persons who represent VA Claimants before the VA must either be accredited or be affiliated with an organization recognized by the VA. In order for an attorney to become accredited, a person must establish that he or she is of good character and reputation, qualified to render valuable assistance to claimants, and is otherwise competent to advise and assist claimants with preparation, presentation, and prosecution of a claim. 6 To become accredited, submit Form 21A to the Office of General Counsel (022D) via fax at (202) , or attach as a.pdf via to ogcaccreditationmailbox@va.gov. 7 The VA will send a letter confirming accreditation within twelve months. Every accredited attorney is required to complete three hours of Continuing Legal Education (CLE) and report the completion of the CLE to the General Counsel afterward. 8 Each accredited attorney must complete three hours of CLE every 24 months thereafter, and it must report the CLE hours to the General Counsel each time. 9 4 Id C.F.R. Section C.F.R. Section (b)(1), et. Seq C.F.R. Section (iii) 9 38 C.F.R. Section (iv) - 2 -

33 32 of 84 A CLE can be approved by any state Bar, and the VA will not sanction any program. 10 An attorney s initial CLE must cover eight areas, including representation before the VA, pension, compensation, and claims procedures. 11 After the first year of accreditation, the CLE can cover any topic with regard to the VA. 12 Accredited attorneys must also report to the General Counsel each year, confirming good standing with every Bar to which one is admitted. 13 These reports can be sent by , letter, or another form of communication. Once accredited, an attorney must file a form 21-22a for each client he or she represents before the VA. When an attorney files a 21-22a, the representation applies to his or her entire firm, so it is not necessary that each attorney in a firm file that 21-22a. However, the claimant must consent in writing to representation by an attorney associated or affiliated with the claimant s attorney of record or employed in the same office as the attorney of record. 14 As a practice tip, it is important to keep many copies of the 21-22a, because the VA will often lose that form. B. At What Point Does an Attorney Need to be Accredited? If an attorney is giving a client general advice about VA benefits, he or she most likely does not need to be accredited. An attorney may review a veteran s records, research available VA benefits, and advise a veteran as to potential benefits without being accredited. 15 However, once an attorney crosses the line into giving specific advice about a particular claim, the attorney must be accredited in order to give that advice. 16 C. Fees The VA s mission is to serve veterans and their families. The VA maintains that providing benefits to those veterans and their families should be a non-adversarial C.F.R. Section (b)(1(iii) and (iv). See also Attorney Accreditation FAQ s, C.F.R. Section (b)(4) (iii) C.F.R. Section (b)(1)(iv). See also Attorney Accreditation C.F.R. Section (b)(4) C.F.R. Section (c)(2) 15 See Accreditation Frequently Asked Questions at 16 See Accreditation Frequently Asked Questions. Id

34 33 of 84 process. Therefore, the VA has adopted many rules concerning representation of veterans and what fees may be charged for representing veterans. The VA s concern is that attorneys and other people will take advantage of impoverished veterans by charging them excessive fees to file compensation or pension benefit claims. Charging a veteran a fee for assistance with or for filing an initial VA claim is prohibited. 17 An agent or attorney may charge fees for representation for a claimant only after the agency has issued a decision on a claim or claims. 18 Attorneys may charge fees for a request of a revision of a decision of the agency or of a decision by the Board of Veterans Appeals based on clear and unmistakable error if a Notice of Disagreement (NOD) was filed with respect to the challenged decision. 19 In general, if a denial letter is received after the claim has been filed, at that point, attorneys can charge reasonable fees. A laundry list of factors that may support a reasonable fee is found at 38 C.F.R. Section (e). There are very clear rules about what fees can be charged in a compensation case and when those fees may be paid; it is similar to a social security disability case, where attorney s fees can be taken out of whatever lump sum is eventually awarded to the claimant in compensation and no fees can be charged until the claim is fully decided. 20 Although the VA will consider the laundry list of factors mentioned above, the VA considers fees of 20% of the past-due benefits to be reasonable, and fees which exceed 33 and 1/3% will be considered to be unreasonable. 21 A fee agreement must be in writing 22 and the Agreement should clearly state that the veteran is not being charged for preparation, presentation, and prosecution of the claim. In the pension area, an attorney can charge for a pre-filing consultation. There is a lot of work that must be done before an attorney can recommend to a client that they should file a claim, and charging for that work is appropriate. The consultation can U.S.C. Section 5904(c); See 38 C.F.R. Section (c) U.S.C. Section 5904(c); 38 C.F.R. Section (c) C.F.R. Section (c)(1) U.S.C. Section 5904(d) 21 U.S.C. Section 5904(d); 38 C.F.R. Section (f) U.S.C. Section 5904(c)(2); 38 C.F.R. Section (g) - 4 -

35 34 of 84 include meeting with the veteran, reviewing records, doing research, and providing counseling or other assistance. 23 Once the client says, I want to file a claim, an attorney cannot charge for the preparation, presentation, and prosecution of that claim. 24 If an attorney is also doing other work for the client such as estate planning or Medicaid planning the attorney can charge for that work. Attorneys who charge a flat fee for all their services will need to be sure to structure the fees so as to not charge for services relating to the preparation of the claim. A disinterested third party can pay for assistance with filing a claim; however, it is difficult to find a true disinterested party who would be willing to do so. 25 Nursing homes or assisted living facilities are not disinterested, and neither are children of the veteran. 26 IV. Who is a military veteran? Although it may seem that defining a military veteran should be easy, the term veteran may be defined differently depending on the calendar years the person served in the military, whether the person was in the Reserves or National Guard, and it may be defined differently based upon the programs or benefits the person is seeking. The basic definition of a veteran is a person who served in the active military, naval or air service, and was discharged or released under conditions other than dishonorable. 27 The first prong in the definition, then, requires active service. So, what is active service? Active service includes active duty defined as full-time duty in the Armed Forces, other than active duty for training. In addition, active duty includes any period of active duty for training in which the individual became disabled or died from an injury incurred or aggravated in the line of duty; or from an acute myocardial infarction, cardiac arrest, or cerebrovascular accident occurring during such training Id C.F.R. Section (d)(2) C.F.R. Section (d)(2)and (2)(ii) U.S.C. Section 101(2); 38 C.F.R. Section 3.1(d) U.S.C. Section 101(24) - 5 -

36 35 of 84 For compensation and dependency and indemnity compensation purposes, the persons whose death was due to willful misconduct are excluded from the definition of veteran. 29 What about people who served in the Reserves or National Guard? Although persons who served in the Reserves do not generally meet the active duty requirements for veteran status, a Reservist can meet the criteria if he or she dies or becomes disabled from a disease or injury incurred or aggravated during a period of active duty for training or inactive duty training, or dies or becomes disabled of an acute myocardial infarction, cardiac arrest, or a cerebrovascular accident that occurred during active duty or inactive duty training. A Reservist may also attain veteran status if he or she performs full-time duty in the Armed forces other than active duty for training purposes. 30 In addition, a Reservist may be classified as a veteran if the Reservist served full-time and for operational or support purposes. Members of the National Guard do not attain veteran status if they serve on active duty for training purposes, unless the guard member has a service-connected disease or injury incurred or aggravated in the line of duty during their active duty for training purposes. If the Guard unit, or the individual member of a Guard unit is ordered into active duty under the authority of 10 United States Code, the member(s) are serving on Federal Active Duty, and such service does count as active duty. A second prong of the definition of veteran provides a requirement for a minimum number of days or years the person must have served on active duty. With some exceptions, in order to be classified as a veteran the person must have served for 24 months of continuous active duty, or have served for the full amount of time for which the person was called or ordered to active duty. For instance, if a person is called up for 12 months, and serves the entire 12 months, that period of time could qualify him or her for veteran s status. In some cases, a person who is serving as a regular enlisted member of the armed forces may be discharged within one year of the 29 See 38 C.F.R. Section 3.301; 38 C.F.R. Section 3.1(n) U.S.C. Section 101(24) - 6 -

37 36 of 84 expiration of his enlistment, and may still be considered a veteran for purposes of veteran s benefits. 31 Finally, the person must have been discharged under other than dishonorable conditions. A discharge classified by the branch of services as honorable, general, or discharge under honorable condition is binding on the VA. 32 V. Filing a Claim The VA is divided into two separate areas: Veterans Health Administration (VHA), which administers over 1700 healthcare sites, including VA hospitals and clinics, and the Veterans Benefits Administration (VBA), which administers the financial and education benefits programs. Compensation is a program which falls under the Veterans Benefits Administration. There are monetary benefits available to veterans for current disabilities; some benefits are service-connected and some are non-service-connected. Generally, Service-Connected Compensation compensates the veteran for a disability that was either incurred or aggravated in the line of duty in the active military, naval, or air service. 34 Similar to Worker s Compensation, the compensation payments are monthly monetary benefits to the veteran to make up for loss of earning power based on a disability. 35 Claims for Service-Connected Compensation will be decided at the Regional Office level. Compensation payments may be excluded from income for tax purposes. 36 A Disability or Improved Pension is available to a war-time veteran with a current disability that does not relate to a disease or injury that was incurred or aggravated during active duty service C.F.R. Section 3.12a Minimum active-duty service requirement C.F.R. Section 3.12(a) U.S.C. Section 101(16); 38 C.F.R. Section 3.1(k); 38 C.F.R. Section 4.1. See 38 U.S.C. Section 106 for definitions of active duty service C.F.R. Section 3.1(k) and 3.4(a) and (b) 36 See IRS Tax Publication

38 37 of 84 A. Claims Procedures 1. Informal Claims A claim for Compensation or for Improved Pension can be started with an informal claim, which can be initiated electronically in a claims-submission tool or can be submitted on VA Form Intent to File A Claim. In addition, an informal claim can be initiated orally if communicated to designated VA personnel and recorded in writing. The informal claim can come from a claimant, his or her authorized representative, a Member of Congress, or anyone acting as a friend of the claimant.37 That informal claim must identify the benefit sought and the Veteran s name, SS#, and date of birth. The Claim has to be perfected within a year in order for the benefit to relate back to the date the informal claim was filed.38 A claim is perfected when the claimant files the form prescribed by the Secretary Formal Claims When filing a formal claim, one must use the forms the VA provides. The prescribed forms for a veteran filing an original claim are: VA Form Veteran s Application for Compensation and/or Pension; VA Form EZ, Application for Disability Compensation and Related Compensation Benefits; and, VA Form EZ, Application for Pension. 40 A claim for a surviving spouse for either Dependency and Indemnity Compensation (DIC) or Death Pension should be filed on VA Form , Application for Dependency and Indemnity Compensation or Death Pension and Accrued Benefits by a Surviving Spouse or Child, VA Form EZ, Application for DIC, Death Pension, and or Accrued Benefits. 41 A substantially complete claim includes the following information: the claimant s name, sufficient service information to verify the claimed service, identification of the benefit sought, identification of the medical condition on which the claim is based, the signature or mark of the veteran or claimant, C.F.R. Section 3.155(a) 38 Id C.F.R. Section 3.151(a). See also M21-1MR, Part III, Subpart ii, Chapter 2, Section D, 16.a. and b. Consider a claim not filed on the prescribed form an informal claim. 40 M21-1MR, Part III, Subpart ii, Chapter 2, Section B6. a. 41 M21-1MR, Part III, Subpart ii, Chapter 2, Section B7.a - 8 -

39 38 of 84 and income information for a non-service-connected pension benefit. 42 Incomplete claims slow down the VA s already slow decision process, so it is important to file a substantially complete claim when possible. A. Requirements of Compensation Claims The veteran has to have a current disability, and evidence of this disability is necessary when filing a compensation claim. 43 The person has to be classified as a veteran 44, he or she had to have been on active duty at the time of injury 45 and the injury cannot be a result of willful misconduct. 46 Medical evidence of a nexus between the event that occurred during service and the current disability is required. 47 Sometimes this evidence is easy to find and other times it is more difficult to produce, especially if the disability is a psychiatric one. Active duty means that the veteran was in the military full-time at the time of injury, was on active duty for training purposes, or was classified as being on active duty for another reason. 48 The veteran also has to have been discharged on other than dishonorable conditions. 49 There are many different discharges, but the character of the discharge stated on the veteran s DD-214, Certificate of Release or Discharge from Active Duty, or original Certificate of Discharge has to be above dishonorable. A medical opinion is always required when filing a compensation claim this is usually a form that the physician fills out, stating what the disability is M21-1MR, Part III, Subpart ii, Chapter 2, B7e 43 Degmetich v. Brown, 104 F.3d 1328, 1333(1997) holding that the existence of a current disability is the cornerstone of a claim for VA disability compensation.; Hickson V. West, 12 Vet. App. 247, 253 (1999); 38 cfr C.F.R. Section 3.1(d)(1) 45 C.F.R. Section 3.4(b). See 38 C.F.R. Section 3.7 for individuals and groups considered to have performed active military, naval or air service C.F.R. Section Hickson, id. 48 See 38 C.F.R. Section 3.12a(a)(1) for Minimum Active Duty Requirements and Section 3.12a(d) for exclusions from the Minimum Active Duty Requirements. See 38 C.F.R. Section for evidence required for service and character of discharge C.F.R. Section C.F.R. Section 4.1; M21-1MR, Part IV, Supbpart ii, Chapter 2, Section B (Accept satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat if the evidence is consistent with the circumstances, conditions, or hardships of such service even though there is no official record of such incurrence or aggravation.) - 9 -

40 39 of 84 Evidence of the events that occurred while the veteran was serving in the military can be presented in the form of statements from fellow veterans who were there and can testify. 51 Finally, medical evidence linking the current disability and the events that occurred is required The Next Steps for Compensation Claims The compensation claim goes to the VA Regional Office in the region where the veteran resides and the adjudicators will make a decision based on whatever evidence has been presented. The date of the claim locks in the effective date of the compensation. The VA will respond with an appropriate rating assigned after referring to a scheduler rating. 53 Such rating is generally based on the average impairment of earning capacity in civil occupations, resulting from such injuries. 54 The rating is assigned in increments of ten, so the VA will round to the nearest multiple of ten. However, the VA can assign a rating of zero percent. A 0% rating is noncompensable. The advantage of having this rating is that the veteran can always go back and ask for a higher rating if his or her disability becomes more severe. Having a 0% rating at least means that the veteran has already jumped the hurdle of establishing that their injury was service connected. 2. Duty to Assist The VA has a statutory duty to assist veterans with their claims. 58 The Veterans Claim Assistance Act of 2000 established that the VA is obligated to make reasonable efforts to assist a claimant in obtaining the evidence necessary to substantiate his or her claim. This duty includes helping the claimant to locate pertinent service records. 59 This means the VA has a duty to notify the veteran of the evidence necessary to substantiate the claim 60 and a duty to make reasonable efforts to obtain relevant C.F.R. Section 3.159(a)(2) C.F.R. Section U.S. C. Section 1155, See generally 38 C.F.R. Part U.S.C. Section See 38 U.S.C.A. Section 5100, 5102, 5103, 5103A, 5106, 5107 and 5126; see also 38 C.F. R. Sections 3.102, 3.156(a), and U.S.C. Sections A, 5107 (2000) U.S.C Section 5103(a)(1); 38 C.F.R. Section 3.159(b) and (c)

41 40 of 84 records (including private records) that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain. 61 The VA has the responsibility to continue efforts to obtain these records until the records are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain the records would be futile. 62 The VA has the responsibility to look at the claim and notify the veteran as to what evidence is missing and what evidence he or she is required to find. 63 Additionally, the VA is required to find evidence from other agencies such as Social Security and the military Presumed Service Connection As discussed above, a claim for service-connected disability requires that there must be evidence that a current disability was caused by military service. However, there are some diseases for which such evidence that the disability was caused by a disease incurred or aggravated while in service is presumed without evidence that the veteran had such a disease while in the service. 65 Some examples of diseases that are presumed to be service-connected include, but are by no means limited to, Parkinson s disease and AL amyloidosis, and Type 2 Diabetes are presumed to be service-connected for those veterans who were exposed to an herbicide agent. 66 A. Disability Pension Requirements Disability Pension is a benefit payable by the Department of Veterans Affairs to veterans of a period of war who are permanently and totally disabled because of nonservice connected disability or age, which disability is not a result of their own willful misconduct. 67 There are five elements of eligibility for a disability pension claim: U.S.C. Section 5103A(b)(1); 38 C.F.R. Section 3.159(c) U.S.C. Section 5103A(b)(3);38 C.F.R. Section 3.159(c)(2) C.F.R. Section (b)(1)and (2) C.F.R. Section 3.159(c)(2) U.S.C. Section 1112, 1116 (Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure for veterans who served in the Republic of Vietnam), 1117 (Compensation for disabilities occurring in Persian Gulf War veterans); 1118 (Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War). 38 C.F.R. Section (Presumptive service connection for chronic, tropical or prisoner-of-war related disease, or disease associated with exposure to certain herbicide agents; wartime and service on or after January 1, 1947; Section (Presumptive service connection; peacetime service before January 1, 1947; 38 C.F.R. Section (Disease subject to presumptive service connection.) C.F.R. Section 3.309(c) U.S.C. Section 1521; 38 C.F.R. Section 3.3(3)

42 41 of 84 service, disability, age, unemployability, and income and net worth. 68 For ease of determining whether a veteran will be qualified for Disability Pension, however, we use a three-part test: Service, disability, and means. For Disability Pension, first the Claimant must meet the definition of a veteran, and have served 90 days on active duty, 69 one day during a declared period of war. 70 The Claimant must have been released from the service with a discharge characterized as less than dishonorable. 71 Second, the Claimant must be disabled, although the VA treats a person over the age of 65 as disabled. 72 However, if the veteran is under age 65, he or she has to be 100% disabled. 73 The VA presumes a veteran is permanently and totally disabled if he or she is a patient in a nursing home for long-term care because of a disability, or has been determined to be disabled by the Social Security Administration. 74 Finally, we apply a means test to determine whether the veteran is financially qualified for the pension. The means test is essentially a look at income and net worth. The means test is split into a gross income test and a net worth test. The gross income is the household income, including the income of the veteran, the spouse, and any dependents. 75 The VA calls a spouse a dependent. 76 A dependent child has a very specific definition; it is someone who was disabled and incapable of self-support prior to age 18, someone who is a minor, or someone between the ages of 18 and 23 and still in school. 77 For elderly clients, a dependent child is typically going to be a child who was rendered incapable of self-support prior to age M21-1MR, Part V, Subpart I, Chapter U.S.C. Section 101(21) and (24) C.F.R. Section C.F.R. Section 3.1(d).In general, an honorable, general, or medical discharge should meet that requirement C.F.R. Section 3.3(a)(3)(vi)(A) and (B) C.F.R. Section3.3(a)(3)(vi)(B) 74 M21-1MR, Part V, Subpart i, Chapter 2, 1.d C.F.R. Section 3.274(a) C.F.R. Section 3.23(d)(1) C.F.R. Section C.F.R. Section (a)(1)(ii)

43 42 of 84 When it comes to income, the VA means payments of any kind, from any sources, 79 unless excluded under 38 CFR The VA considers recurring income to be income, which is received in equal amounts at regular intervals and continues during a twelve-month period. 80 The VA also considers irregular income, such as income received in uneven amounts or different intervals. For VA purposes, the amount of irregular income they will consider is the amount received during a 12-month annualization period. 81 This can be interest on a savings account, for example. Finally, the VA will consider non-recurring income income that s received on a one-time basis, such as inheritance. 82 When first making a claim, one has to project the anticipated income for the next twelve months. The VA will request information about the gross amount of recurring income, the date the first check was received, any retroactive payments received, and the dates of any changes in the monthly rate of income. 83 Once a claim has been approved, the VA will annually verify the income of the Claimant by requesting information from the Social Security Administration and the IRS. 84 The VA may require the Claimant to furnish an eligibility verification report (EVR) if the Social Security Administration has not verified income, or the VA has reason to believe the Claimant has received income other than Social Security during the previous year. 85 When filling out the EVR, the income from the last twelve months is reported, and the VA will adjust the award if there are major differences from the anticipated income. The annualization period begins on the date of application. 86 B. Should the Veteran Apply for Compensation or for Pension? Generally, compensation is going to pay more if the veteran is found to be at least 40-50% disabled as a result of their service. 88 It is often a guessing game as to whether the veteran s rating assignment will be that high, but a private physician can U.S.C. Section 1503 Determinations with respect to annual income; 38 C.F.R. Section C.F.R. Section 3.271(a)(1). In general, wages, Pension, or Social Security are examples of recurring income C.F.R. Section 3.271(a)(2) C.F.R. Section 3.271(a)(3) 83 M21-1MR, Part V, Subpart i, Chapter 3, Section C C.F.R. Section 3.277(c) 85 Id 86 M21-1MR, Part V, Subpart I, Chapter 3, Section A, 3.c 88 for 2013 Compensation rates and for the Pension rates for

44 43 of 84 evaluate the veteran and assign an estimated rating for the veteran s disability. The veteran can also apply for both compensation and pension at the same time, and they will receive the monetary benefit from the higher of the two. C. If You Have a Compensation Claim and a Pension Claim Going at the Same Time, Will the Fact that You Have the Compensation Claim Slow Down the Pension Claim? Filing an original claim for either Disability Compensation or Disability Pension requires that the Claimant file the claim on a form prescribed by the Secretary. 89 The form prescribed by the Secretary for either a Disability Compensation or a Disability or Improved Pension claim are the same form. The Veteran files VA Form , the Veteran s Application for Compensation and/or Pension. This form constitutes an original claim for disability compensation, or disability pension, or both. 90 The VA will consider both claims unless it is clear from the manner of presentation of the claim that the claim is solely for disability compensation or solely for disability pension. Id. 91 When applying for both, one simply fills out Part C of form , which asks for information, which would not normally be required in applying for pension only. On a different note, when applying for Disability Pension or survivor s Death Pension, one will often receive a denial letter back for Compensation or DIC. This is simply because the same form is used for all these benefits, and although the Compensation part is not filled out when applying for pension, the VA may believe that the evidence supplied could be considered for Compensation or Pension. A practice tip is to specify clearly that you are seeking Compensation or Pension, or both, in your initial correspondence with the VA. VI. Other Benefits Available for Service-Connected and Non-Service Connected Veterans Although the VA provides many benefits to veterans, the VA balances demand for its resources by providing some benefits based on Priority Groups to which veterans U.S.C. Section M21-1MR, Part III, Subpart ii, Chapter 2, Section B 91 Id

45 44 of 84 are assigned based on various factors including service-connection, percentage of service-connection, as well as financial criteria. 92 There are eight priority groups, with those veterans in Priority Group 1 being eligible for most care that the VA provides at no cost and those in Priority Group 8 for whom a larger co-pay for healthcare services is required See 93 Priority Group 1 Veterans with VA-rated service-connected disabilities 50% or more disabling Veterans determined by VA to be unemployable due to service-connected conditions Priority Group 2 Veterans with VA-rated service-connected disabilities 30% or 40% disabling Priority Group 3 Veterans who are Former Prisoners of War (POWs) Veterans awarded a Purple Heart medal Veterans whose discharge was for a disability that was incurred or aggravated in the line of duty Veterans with VA-rated service-connected disabilities 10% or 20% disabling Veterans awarded special eligibility classification under Title 38, U.S.C., 1151, benefits for individuals disabled by treatment or vocational rehabilitation Veterans awarded the Medal Of Honor (MOH) Priority Group 4 Veterans who are receiving aid and attendance or housebound benefits from VA Veterans who have been determined by VA to be catastrophically disabled Priority Group 5 Nonservice-connected Veterans and noncompensable service-connected Veterans rated 0% disabled by VA with annual income and/or net worth below the VA national income threshold and geographically-adjusted income threshold for their resident location Veterans receiving VA pension benefits Veterans eligible for Medicaid programs Priority Group 6 Compensable 0% service-connected Veterans Veterans exposed to Ionizing Radiation during atmospheric testing or during the occupation of Hiroshima and Nagasaki Project 112/SHAD participants Veterans who served in the Republic of Vietnam between January 9,1962 and May 7,1975 Veterans of the Persian Gulf War that served between August 2, 1990 and November 11, 1998 *Veterans who served on active duty at Camp Lejeune for not fewer than 30 days beginning Jan. 1, 1957 and ending Dec. 31, 1987 Veterans who served in a theater of combat operations after November 11, 1998 as follows: Currently enrolled Veterans and new enrollees who were discharged from active duty on or after January 28, 2003, are eligible for the enhanced benefits for 5 years post discharge Note: At the end of this enhanced enrollment priority group placement time period Veterans will be assigned to the highest Priority Group their unique eligibility status at that time qualifies for. *Note: While eligible for Priority Group (PG) 6; until system changes are implemented you would be assigned to PG 7 or 8 depending on your income. Priority Group 7 Veterans with gross household income below the geographically-adjusted income threshold (GMT) for their resident location and who agree to pay copays Priority Group 8 Veterans with gross household income above the VA national income threshold and the geographically-adjusted income threshold for their resident location and who agrees to pay copays Veterans eligible for enrollment: Noncompensable 0% service-connected: Subpriority a: Enrolled as of January 16, 2003, and who have remained enrolled since that date and/or placed in this subpriority due to changed eligibility status Subpriority b: Enrolled on or after June 15, 2009 whose income exceeds the current VA National Income Thresholds or VA National Geographic Income Thresholds by 10% or less Nonservice-connected and: Subpriority c: Enrolled as of January 16, 2003, and who have remained enrolled since that date and/or placed in this subpriority due to changed eligibility status Subpriority d: Enrolled on or after June 15, 2009 whose income exceeds the current VA National Income Thresholds or VA National Geographic Income Thresholds by 10% or less Veterans not eligible for enrollment:

46 45 of 84 For veterans who have a service-connected disability for which they require nursing home care or are rated 70% or higher, the VA will provide nursing home care at no cost. 94 If there is space available in a VA Community Living Center (CLC), the veteran will be placed in the CLC. If no space is available or the CLC is not located near the veteran s home, the VA will contract with a private Nursing Home. Other veterans may be eligible for Nursing Home Care if space and resources are available. There are additional benefits, called Special Monthly Compensation, available to veterans whose injuries are determined to have been 100% service connected and who have an additional serviceconnected disability rated at 60% and are in need of the aid and attendance of another person or are housebound. 95 Though VA nursing homes are a benefit available to veterans with a rating of above 70%, it can be extremely difficult for a veteran to actually get into the nursing home. This is because there simply is not enough room in the nursing homes to accept everyone who qualifies for the benefit it is a question of space. One should never set the expectation with a client that he or she will have nursing home care paid for. It really comes down to luck if the veteran is at the right place at the right time and there s an available bed in the VA nursing home, they can receive the benefit. Veterans not meeting the criteria above: Subpriority e: Noncompensable 0% service-connected (eligible for care of their SC condition only) Subpriority g: Nonservice-connected In order to enroll in the VA Healthcare system, the veteran should complete and submit a VA Form 10-10EZ, Application for Health Benefits either online or in person 94 See 95 See 38 U.S.C. Section

47 46 of 84

48 47 of 84 9:30 CLAIMS PROCEDURES AND BASIC ELIGIBILITY Keely M. Youngblood, Emory Law Volunteer Clinic For Veterans, Atlanta

49 48 of 84

50 49 of 84 10:30 UPDATES FROM THE VETERANS ADMINISTRATION Dawn P. Kentish, LICSW, MAC, Veterans Justice Outreach Supervisor, Veterans Administration, Atlanta Nicole Price, Deputy District Chief Counsel, Office of the General Counsel Southeast District North, Veterans Administration, Decatur

51 50 of 84 Community Reentry for Veterans: Perspec5ves from the Department of Veterans Affairs Thindwia Cabiness Brandy Stinson Byron Tinsley Katherine Andrade March 17, 2017 Veterans Justice Program Veterans Justice Outreach Specialists Thindwia Cabiness, LCSW, MAC Byron Tinsley, LCSW, MAC Katherine Andrade, LCSW, MAC Health Care for Re-entry Veterans(HCRV) Specialist Brandy Stinson, LCSW, MAC Veterans Justice Program Supervisor Dawn Kentish, LISW, LCSW VETERANS HEALTH ADMINISTRATION 1 1

52 51 of 84 Overview of Session Brief overview of Veterans served by Veterans Justice Programs at Atlanta VA Medical Center (~2-3 min). Veterans Justice Programs Specialists perspectives on community re-entry (~15-20 min). Veterans perspectives on community re-entry from the justice system (~15 min). National perspective on serving Veterans during community re-entry (~10 min). Discussion with audience members (~15 min). VETERANS HEALTH ADMINISTRATION 2 Veterans served by HCRV/VJO at Atlanta VA Medical Center from Health Care for Reentry Veterans (prisons) 600 Veterans served. 4% women. 73% age % homeless. 28% SC disability rating. Veterans Justice Outreach (jails and courts) 1,084 Veterans served. 6% women. 60% age % homeless. 53% SC disability rating. 45% connected to VA within one year of outreach visit. 84% connected to VA within one year of outreach visit. VETERANS HEALTH ADMINISTRATION 3 2

53 52 of 84 Mental Health (MH)and Substance Use Disorder (SUD) Diagnoses and Treatment Health Care for Reentry Veterans 54% diagnosed with 1+ MH disorder. 75% had 1+ MH treatment within one month of diagnosis. 44% diagnosed with 1+ SUD disorder. 38% had 1+ SUD treatment within one month of diagnosis. VETERANS HEALTH ADMINISTRATION Veterans Justice Outreach 81% diagnosed with 1+ MH disorder. 69% had 1+ MH treatment within one month of diagnosis. 73% diagnosed with 1+ SUD disorder. 37% had 1+ SUD treatment within one month of diagnosis. 4 Overview of Atlanta Veterans JusQce Programs: Health Care for Reentry Veterans 65 prisons, transitional centers and probation centers served in GA. Outreach to over 300 inmates by way of written, telephone and face-toface correspondence to answer questions pertaining to re-entry as well as provide linkage to VA services. Establish relationships with staff at state, county, and federal facilities to provide information regarding re-entry program as well as collaborate in regards to ensuring that eligible veterans have access to information about re-entry program as well as re-entry services. Establish protocol for assisting veterans with being able to use DBQ forms at correctional facility to have C&P exams completed as a part of their disability compensation application. VETERANS HEALTH ADMINISTRATION 5 3

54 53 of 84 Overview of Atlanta Veterans JusQce Programs: Health Care for Reentry Veterans Conduct an assessment of incarcerated Veterans in prisons who are within 6 months of a possible release, court or parole hearing. Assist with referral for VA Benefits (Form 1010EZ). Critical Time Intervention Case Management Services up to 6 months before release and transfer to appropriate services. Progress updates to probation agencies as needed. VETERANS HEALTH ADMINISTRATION 6 Overview of Atlanta Veterans JusQce Programs: Veterans JusQce Outreach 65 jails and 12 Veterans Treatment Courts served in GA. Identify Veterans in the criminal justice system and directly link them to housing and treatment. Advocate for Veterans to pursue needed services/treatment instead of incarceration or punitive sanctions. Participation with Veteran Treatment Courts that allow Veterans to pursue treatment to have legal charges reduced or dismissed. Educating the criminal justice system partners about Veteran specific issues that are barriers for being a productive citizen in the community or complying with community supervision. Providing short-term case-management to encourage rehabilitation and successful re-integration into the community. VETERANS HEALTH ADMINISTRATION 7 4

55 54 of 84 Arrange Post-Release Services Referral to a range of VA Health Care and community re-entry services including: Transitional Housing. Residential Rehabilitation. VA Health Care, including: Medical. Mental Health. Substance Abuse. Referral to VA Transitional Employment Services and/or Community Employment Training. VETERANS HEALTH ADMINISTRATION 8 Challenges to the Veterans JusQce Programs Housing individuals subject to sex offender registry: Some Veterans qualify for Grants & Per Diem (GPD) programs. Work with community programs. Providing resources for individuals who do not qualify for VA benefits: Some services are available (GPD). Connect to legal help to get benefits. Vet Centers. VETERANS HEALTH ADMINISTRATION 9 5

56 55 of 84 Challenges to the Veterans JusQce Programs Continuity of care: Veterans are often serving long-term jail sanctions during adjudication or sentencing and may not be provided specific treatment modalities or medications to maintain stability/wellness. Rural areas: The Atlanta VA medical center catchment areas that are not close in proximity to the treatment/services that are offered at the VA medical center so Veterans have additional barriers to services necessary for stability. VETERANS HEALTH ADMINISTRATION 10 InnovaQons & Lessons Learned Significant Relationships with Justice System Partners: Judges, Public/Private Attorneys, Detention centers, and Community Supervision Officers. Providing medical information to Detention Centers to include active medication lists and diagnoses. Assessing Veterans while in legal custody and providing clinical recommendations to Public/Private Attorneys to present during court as alternative to jail and other punitive sanctions. Judges cooperating with VJOs and signing orders for Veterans to be transported and released directly to the VAMC for treatment and services. Relationships with Community Supervision Officers that provide another level of support for Veterans to ensure compliance with probation requirements and reducing violation. VETERANS HEALTH ADMINISTRATION 11 6

57 56 of 84 InnovaQons & Lessons Learned Social workers in prison help identify Veterans and make referrals to VA. Provider must be tasked with locating community resources for individuals who are sex offenders/not eligible for VA healthcare. Newly formed partnership with VA Regional Benefits Specialist to provide support and information on VA benefits during outreach visits. VETERANS HEALTH ADMINISTRATION 12 NaQonal PerspecQve: Services SupporQng Community Re-entry Ø Corrections mental health provider training: Cognitive Processing Therapy. Ø Consolidated corrections services: Jail/prison housing units. Ø Resiliency and reentry: Coming Home Project. Ø Recidivism reduction and prevention: Moral Recognition Therapy. VETERANS HEALTH ADMINISTRATION 13 7

58 57 of 84 NaQonal PerspecQve: Specialized Issues in Community Re-entry Ø Housing: VJP as homelessness prevention in overall VA effort to end Veteran homelessness. Ø Legal: Med-Legal Partnerships. VA-housed legal clinics as support for non-criminal legal issues. Ø High need subpopulations: Veterans with histories of domestic violence, sexual offense. Ø Employment: Stigma and legal record issues. VETERANS HEALTH ADMINISTRATION 14 PotenQal Legal CollaboraQons VA Voluntary Legal Clinic (Civil) HCHV Voluntary Legal Clinic for Homeless Veterans (Criminal) VETERANS HEALTH ADMINISTRATION 15 8

59 58 of 84 Contact InformaQon Veterans Justice Programs Health Care for Reentry Veterans: Veterans Justice Outreach: VETERANS HEALTH ADMINISTRATION 16 9

60 59 of 84 11:00 PROFESSIONALISM KEYNOTE SPEAKER Hon. Ural D.L. Glanville, Judge, Fulton County Superior Court; Brigadier General, U.S. Army JAG; State of the U.S. Army Judge Advocate General Corps, Atlanta

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62 61 of 84 12:10 LUNCH PRESENTATION UPDATES TO MILITARY AND VETERANS LAW SECTION Patricia A. Elrod-Hill

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64 63 of 84 12:50 THE MILITARY LEGAL ASSISTANCE PROGRAM (MLAP) OF THE STATE BAR OF GEORGIA Norman E. Zoller, Coordinating Attorney, Military and Veterans Legal Assistance Program, State Bar of Georgia, Atlanta

65 64 of 84 ACCREDITATION PROCESS BEFORE U.S DEPT OF VETERANS AFFAIRS TO: Participants in the ICLE in Georgia Seminar, VA Accreditation Symposium For those who desire to satisfy the eligibility criteria to practice as a claims agent or attorney before the Veterans Administration, this memorandum is a reminder that initial accreditation is a two-step process. Step #1: An attorney must file a VA Form 21a with the Department of Veterans Affairs (VA) Office of the General Counsel at the address listed in 38 C.F.R (b)(2) and obtain initial accreditation from the VA. Step #2: When you attended the seminar on November 16, 2017, but had not yet received your VA Accreditation letter, you had not yet completed Step #1. When you get your initial accreditation letter from VA, you should contact Kathryn Hyer at ICLE in Georgia (KathrynH@gabar.org). She will arrange for you to retake this seminar on-line at the ICLE web site. The date you retake this seminar will be the date of your attendance, which is part of Step #2. The attorney must, within the twelve-month period following accreditation from VA (see step #1), complete a qualifying CLE. 38 C.F.R (b)(1)(iii). Completion of qualifying CLE and certification of admission information are both to be reported as part of the annual certification prescribed in (b)(4). Further, this certification must include the title of the CLE program, the date and time of the CLE, and the contact information of the CLE provider. Although this certification and form of writing is a responsibility of lawyers individually, a sample letter to the Veterans Administration might be as follows: Office of the General Counsel Department of Veterans Affairs 810 Vermont Avenue, NW Washington, C Date: Dear General Counsel: In connection with my being accredited as a claims agent or attorney before the Department of Veterans Affairs, this letter is to certify that pursuant to the requirement of 38 U.S.C. Chapter 59 and 38 C.F.R. Sections (b)(1)(iii) and (iv), on, 20, I attended a qualifying continuing legal education program on-line at This seminar was sponsored by the Institute of Continuing Legal Education in Georgia (ICLE in Georgia). The title of the seminar was VA Accreditation Symposium. Enclosed is a copy of the agenda and schedule for this CLE program. Contact information for ICLE in GA is Kathryn Hyer, State Bar of Georgia, 104 Marietta, GA Further, under the requirements of 38 C.F.R. Section (b)(4), I am admitted to practice or authorized to appear in the following bars, courts, or Federal or State agencies: Sincerely, (your name)

66 65 of 84 The Military Legal Assistance Program (MLAP) of the State Bar of Georgia Norman E. Zoller State Bar of Georgia 1

67 66 of 84 The Military Legal Assistance Program (MLAP) of the State Bar of Georgia * Lynn M. Adam, Former Co-Chair, MLAP Committee ** Norman E. Zoller, Coordinating Attorney, MLAP *** This document gives information about the Military Legal Assistance Program (MLAP) of the State Bar of Georgia and its oversight committee. We summarize the MLAP s purposes, history, and services, and we describe the Program and the Committee s role. Purposes: The primary objective of the MLAP is to address the unmet legal needs of active duty service members (including those in the National Guard and Reserves), veterans, and their families. MLAP addresses their legal needs by referring clients who contact the program to Georgia lawyers who are willing to provide legal services on a reduced fee or pro bono basis. About 700 lawyers participate in the MLAP. Since its inception and by the time this CLE program convenes, the MLAP will have served about 2,000 military clients. The MLAP refers clients for family law issues, VA benefits appeals, and a variety of other civil legal matters; because criminal law is not an area of unmet legal need, the MLAP thus does not make criminal law referrals. To accomplish its primary objective, the MLAP also was formed to train and equip Georgia lawyers to represent military clients. To that end, the program coordinates CLE courses and works collaboratively with the Military and Veterans Law Section (about 260 members) and other organizations with an interest in helping service members and veterans. Finally, the MLAP maintains relationships with military bases throughout Georgia to ensure the target clients are aware of the MLAP as a resource. Public Service: By serving military families, the MLAP serves the public. One of the three principal purposes of the State Bar of Georgia (at Rule [a]) shall be to foster among the members... the principles of duty and service to the public. In many ways and on many levels the MLAP fulfills this fundamental purpose of the State Bar. The MLAP has tapped into the remarkable dedication of hundreds of Georgia lawyers who are willing to assist service members and veterans in need. Through the MLAP, the Georgia Bar thus demonstrates both its recognition of the service and sacrifices of our service members and veterans and its commitment to support them. 2

68 67 of 84 History: A 2007 Department of Defense fact-finding mission connecting American private-sector opinion leaders with deployed service members inspired the State Bar s program. DoD invited a contingent of civilians, including Georgia attorney and Navy veteran Jay Elmore, to meet face-to-face with service members and commanders deployed across the Middle East and the Horn of Africa. At the end of the mission, DoD challenged each civilian participant to return to their private-sector lives and ponder the question: What can be done to support those serving in harm s way? Mr. Elmore shared this challenge with his law partner, Jeff Bramlett, who was about to become president of the State Bar of Georgia. In 2008, Mr. Bramlett appointed a committee of lawyers chaired by Charles Ruffin to study the need and to develop a blueprint for recruiting, training and coordinating Georgia lawyers to meet the legal needs of service members and veterans. Enthusiasm for the concept among Georgia lawyers was infectious, recalled Mr. Bramlett. The special committee looked at how other bar associations across the U.S. were -- or were not -- addressing the legal needs of service members and their families. We realized early on that Georgia was well-positioned to pioneer a unique and comprehensive program to deliver excellence to clients who had earned our gratitude and who needed our help. In June 2009, after more than a year of investigation by the founding committee, the State Bar s Board of Governors approved the creation and funding of the MLAP. The formal program was launched in late Upon establishment of the program, then MLAP Chair Mr. Ruffin said, The Bar has been considering the mechanism for an effective program to address unmet legal needs for many months, and we now look forward to this program being able to translate Jeff Bramlett s vision into operational reality. When the program began, Bryan Cavan, then-president of the State Bar, said, At a time when our country is making increased commitments of men and women in uniform both at home and abroad, the Bar wants to do all we can to supplement the excellent work by military judge advocates on active duty and in the National Guard and Reserves. We think this is a place where the private Bar can help as well, and we intend to do our part by providing professional legal services on a reduced fee or on a fully pro bono basis. Military Presence. Approximately 115,000 active duty, National Guard, and active Reservists reside in Georgia. And another 765,000 veterans live in our state, for a total military presence of about 900,000 individuals and their families. Georgia is home to 10 military installations: 3

69 68 of 84 Army -- Forts Benning (near Columbus), Gillem (Forest Park, where a small enclave still remains), Gordon (near Augusta), and Stewart (near Hinesville), and Hunter Army Air Field (near Savannah); Air Force -- Dobbins (Marietta), Moody (near Valdosta), and Robins (near Warner Robins); Navy -- Naval Submarine Base (Kings Bay); and Marine Corps -- Logistics Base (near Albany) How does MLAP help? The MLAP attempts to give a referral to any client who meets the following eligibility criteria, listed in priority order: 1. An active duty service member with a deployment-related legal matter (including National Guard and Reservists); 2. A veteran with a service-connected disability who seeks legal assistance related to that disability; 3. A spouse of an active duty service member when the legal issue affects the well-being of the family as a whole, and the interests of the spouse and service member are aligned; 4. A person who is eligible based on the criteria above and who resides in or who has a case in Georgia and requires legal assistance in the state or federal courts of Georgia; 5. All other service members, veterans, National Guard members, Reservists, and military retirees, as resources allow. The results of the MLAP have been gratifying. As noted above, and by mid- November 2017, about 2,000 service members and veterans - - our clients - - will have been connected with lawyers. About half of those cases have been family law matters, and about a quarter of all legal help has been provided to veterans. Although the program makes referrals only for civil legal matters, the Coordinating Attorney helps criminal defendants by directing them to public defenders, legal assistance offices, or to local bar associations for assistance. The MLAP receives phone calls and messages from clients every day. They come in from Georgia residents and those stationed abroad, including service members on active duty in Afghanistan, Iraq, Kuwait, United Arab Emirates, Japan, Kosovo, 4

70 69 of 84 Okinawa, England, Italy, Germany, and the Azores, to cite a few. Service members calling from abroad have reportedly heard about the program by word-of-mouth from their colleagues serving in Georgia. Illustrative Cases. Two cases illustrate the important service provided by the MLAP. First, in June 2010, grandparents from Fayette County sought MLAP s help following the sudden death in Tennessee of their son-in-law, a retired Army combat medic. Their daughter had died two years earlier. The grandparents were appointed as guardians for their four grandchildren, and they needed legal advice about VA benefits for the children and other matters. The MLAP coordinated with Lane Dennard, a retired King & Spalding partner and Army veteran, to represent the family. The case proved to be complex and required nearly two years to resolve. Ultimately, Mr. Dennard secured for the children future educational assistance, monthly VA benefits, and the proceeds of the veteran s $400,000 life insurance policy. In a second case, the MLAP was able to identify an attorney, Scott Holcomb (a member of our Committee), to represent a Vietnam veteran from Fannin County who suffers from post traumatic stress disorder (PTSD) and a traumatic brain injury. Mr. Holcomb secured a long overdue award of $25,000 in back pay for an agent orange claim, as well as monthly disability benefits associated with the client s PTSD, which had been denied many times before. Mr. Holcomb remains involved in resisting the government s attempt to recoup Social Security benefits paid to the veteran. Legal representation coordinated by the MLAP in hundreds of cases like these dramatically improves the lives of the military members and families involved. The Military Legal Assistance Program Committee. The Committee performs two functions: (1) it provides oversight, monitoring, and direction for the MLAP; and (2) it advises the Executive Committee and the Board of Governors about the MLAP s operations. Members of the Committee are appointed by the President of the State Bar of Georgia, and they typically meet 3-4 times a year. Members are asked to attend as many meetings as possible and to offer guidance about MLAP operations. Members also are asked to promote the MLAP and to increase its visibility among members of the Bar and the greater community. A number of Committee members also serve on the Executive Committee of the Military and Veterans Law Section, and thus there is close collaboration between the Committee and the Section. Several former Committee members remain on the roster as Advisors to the Committee. 5

71 70 of 84 From time to time, the Committee forms ad hoc subcommittees. For example, a subcommittee in 2008 conducted a survey of State Bar members about their willingness to participate in the MLAP. Other subcommittees have studied issues such as veteran s courts and potential class actions. Each year, a subcommittee also considers nominations for the Marshall-Tuttle Award and recommends an honoree to receive the award at the State Bar meeting in January. Seven such awards have been presented. Below is a summary of the number and types of legal assistance cases thus far received and referred to lawyers under the State Bar s Military Legal Assistance Program. As of the Bar s Annual Meeting in June 2017, a total of 1,894 cases had been processed. A summary of those cases by category follows: Family Law 969 (including 59 previous) Contested Divorce 390 Uncontested Divorce 17 Divorce Enforcement 18 Child Support 129 Guardianship/Adoption 98 Visitation 41 Child Custody 217 Consumer Law 120 Housing/Property 118 Foreclosure 26 Veterans Benefits/Disability 261 Wills/Estates/Probate 102 Employment/USERRA/SCRA 55 Bankruptcy 25 Insurance 21 Personal Injury 42 Property Damage 3 Worker s Compensation 2 Contract 7 Medical Malpractice 6 Toxic Substances 5 Other 132 1,894 Authors: * This article in its original form was prepared for a VA Accreditation Program in November **Lynn M. Adam is counsel and a litigator in the firm of King & Spalding, and specializes in healthcare law representing hospitals, physician groups, and other healthcare organizations. Before joining King & Spalding, Ms. Adam served as an 6

72 71 of 84 Assistant United States Attorney for the Northern District of Georgia between 2002 and In that role, she conducted extensive grand jury investigations, evidentiary hearings, and criminal trials involving kickbacks, healthcare fraud, tax fraud, financial aid fraud, and child sexual exploitation, among other offenses. At the start of her legal career, Ms. Adam served as a law clerk for the Honorable Karen J. Williams of the United States Court of Appeals for the Fourth Circuit. Before attending law school, Ms. Adam served as a Lieutenant on active duty in the United States Navy. *** Norman E. Zoller has devoted the majority of his legal career to public service. Previously, he managed the Hamilton County, Ohio, courts for nearly a decade. He served as the first Clerk of Court for the United States Court of Appeals for the Eleventh Circuit from 1981 to 1983, when he was named Circuit Executive, a post he held until his retirement in An Army veteran, Zoller served almost seven years on active duty as a field artillery officer, including two tours of duty in Vietnam, first with Special Forces and then with the 82 nd Airborne Division in response to the Tet Offensive in He also served 15 years in the National Guard and Army Reserves as a judge advocate officer. He has coordinated the State Bar of Georgia s Military Legal Assistance Program since its inception in September

73 72 of 84 Norman E. Zoller Attorney } A Committee and its studies in 2008 and } Lawyer Surveys: enlistment of 750 volunteers. } Authorization by Board of Governors Summer } Program Commencement: December

74 73 of 84 } Connect volunteer lawyers with military service members and veterans who need legal assistance. } Conduct CLE Programs. } Promote program to Bar groups, VA facilities, law schools, communities. } Current active duty personnel and those subject to imminent deployment or returning from recent deployment. } Veterans seeking assistance pertaining to a service-connected disability. } Spouses of service members where legal issue affects the whole family and interests of family are aligned and agreed upon. } National Guard and Reservists, as legal resources permit. } Jurisdiction in state or federal court in Georgia. 2

75 74 of 84 } Visits with Staff Judge Advocates and legal assistance officers at 10 military installations. } Requests for legal assistance received from service members and veterans. } Meetings with bar associations, veteran organizations, et al. (e.g., Shepherd Center [a catastrophic care hospital]). } Conduct of Continuing Legal Education programs leading to attorney accreditation to practice before U.S. Dept. of VA. } All civil law matters: family law, consumer law, property matters, wills/powers of attorney, immigration, disability claims, veterans benefits, employment, et al. } } Experience thus far: 2,000 connections; about half family law; 20% veterans claim matters. } No criminal law matters: typically referred to local public defender or bar association. 3

76 75 of 84 } Agreement form with service member or veteran to locate a lawyer on his/her behalf. } Guidelines for Attorneys adopted by Board of Governors August 12, } Flyer promoting the Program. } The processing of requests: daily. } Periodic Meetings with Military Legal Assistance Program Committee: governance and oversight; liaison with Mil/Vets Law Section. } Dealings with law schools re: legal clinics (Emory [Feb 2013], Georgia State [Nov 2014]), UGA [Aug 2018], Mercer (pending). } Dealings with judicial circuits re: veterans courts (20 judicial circuits, 42 counties). 4

77 76 of 84 Dealings with VA re: legal clinics at VA Medical Centers and other VA facilities (Augusta, Decatur, Fort McPherson, Rome); pending at Athens, Dublin, Macon, Savannah). Collaborations with YLD. } We need your help. } Consider becoming a volunteer in the MLAP Program or a participant in future webinar. } Refer cases. } Contact Norman Zoller: or normanz@gabar.org. 5