One of NVLSP's primary goals is to train advocates in veterans law so that they can efficiently help veterans and their family members secure the benefits they are owed from the Department of Veterans Affairs (VA). NVLSP believes it is essential to train attorneys and non-attorney advocates in order to increase the quality of legal resources available to assist United States veterans. This year, NVLSP has continued its tradition of providing top-notch training and education in veterans law to the following constituencies:

Des Moines, Iowa

On April 15-16, NVLSP attorneys Louis George and Maria Tripplaar trained about 130 state service officers at the Iowa Department of Veterans Affairs. Topics covered included veterans advocacy, legal research, and ethics. Attendees were granted Continuing Legal Education Credits for participating in this training.

Galveston, Texas

On April 12, Louis George, Director of Training and Publications at NVLSP, spoke before the Military and Veterans Law Section of the State Bar of Texas on the topic of best practices and common pitfalls for attorneys practicing before the Court of Appeals for Veterans Claims. About 40 Texas attorneys that work on veterans issues attended. 

As a founding member and principal trainer of the Veterans Consortium Pro Bono Program, NVLSP conducts educational sessions for participating volunteer attorneys on a regular basis. This year, NVLSP has conducted a number of trainings on behalf of the Consortium. Examples of recent trainings include: a session sponsored by the DC Bar Pro Bono Program on May 2nd in Washington, DC, a training held on May 5th sponsored by Crowe & Dunlevy in association with the American Health Lawyers Association in Oklahoma City, and a session sponsored by Kirkland & Ellis in Chicago which took place on May 7th. The topic explored in each of these trainings was providing pro bono representation before the U.S. Court of Appeals for Veterans' Claims.

On June 6, NVLSP Joint Executive Director Ron Abrams will be featured on a panel discussing evidence gathering and assessment at the CAVC Bar Association 2014 Veterans Law Conference and CLE at the Washington Navy Yard and Conference Center. 

More info available here: http://www.cavcbar.net/downloads/2014%20Vet%20Law%20Conference%20Flyer.pdf 

NVLSP and the Military Order of the Purple Heart expressed opposition to a new rule proposed by the Department of Veterans Affairs, entitled "Standard Claims and Appeal Forms" which would change the process by which disability claims are filed. The VA is proposing to implement new standardized forms for filing an initial claim and for filing a Notice of Disagreement when a veteran disagrees with a VA claim decision.

NVLSP and MOPH oppose the rule because it creates a segregation of veterans into different groups, based on their access to a computer with internet access. More specifically, under this proposed regulation, a veteran who submits an incomplete claim electronically would receive the earliest possible effective date, even though the application was incomplete. In contrast, a veteran who submits an incomplete paper claim would only receive the earliest effective date if the complete application is submitted within a year. Therefore, under the proposed rule, a veteran who submits a paper claim for disability compensation, and who inadvertently fails to check a single box on the VA form, may lose thousands of dollars in VA disability benefits.

Also, under the new rules communications that have historically been accepted as claims by the VA would no longer be considered as a request/application/claim for benefits sufficient to preserve an effective date (the date from which benefits are paid) for those benefits. Many veterans would be hurt by this proposed rule. Some veterans would be paid from a later date costing them many thousands of dollars and other veterans may fall through the cracks if the VA sent its letter to the wrong address.

If these incomplete/informal claims were put under computer control the VA could follow up. Under the proposed rule there does not seem to be a way for the VA to track these attempted claims. The burden falls on the veteran. Because the VA would not have to put incomplete claims under computer control, the number of claims pending before the VA would be reduced. Also, because only complete claims would be computer controlled, the VA could report faster processing times. These better numbers would make it seem that the VA was adjudicating claims at a faster rate and that there were fewer claims waiting to be adjudicated. Thus, the re-definition of what is a claim would help VA show better statistics without any real improvement on its part.

Ms. E. Lane Thompson is a program manager and staff attorney at NVLSP. Her primary responsibilities involve class-action litigation, with the majority of her efforts dedicated to ensuring that members of the Sabo v. United States class-action receive proper treatment by the military services and that the veterans are assigned the proper military disability rating. Ms. Thompson graduated with a J.D. from the University of Texas at Austin School of Law, and earned her undergraduate degree from The College of William and Mary in Virginia.

Before joining NVLSP, Lane previously worked in commercial litigation for a small law firm in Washington, DC. She learned about the work of the organization through a friend and former NVLSP attorney. As a former military spouse and President of the American Legion Auxiliary Unit in her town of Cheverly, Maryland, Lane came to NVLSP with an existing passion for veterans issues.

Ms. Thompson is currently tasked with monitoring the military's compliance with the settlement agreement in Sabo v. United States. Today, more than two years after the settlement received final approval, most of the benefits of the lawsuit have been awarded to class members. Problems still exist however - NVLSP has had to address the failure of the Government to act within a reasonable period of time to: correct the records of dozens of class members in a way that is consistent with the Settlement; establish retired pay accounts for hundreds of class members so that they can receive CRSC payments; and calculate whether hundreds of class members are entitled to additional military disability retirement benefits as a result of the Settlement.

When asked what part of her position she finds most rewarding, Lane describes speaking with veterans who have been treated unfairly and are often understandably cynical and frustrated with the process. She says that when a positive resolution for these veterans is achieved, the result is especially rewarding. She mentions that the Sabo class action has had a positive impact in the lives of veterans in a number of different ways:

• Many class members received significant financial benefits, including free military healthcare for themselves, their spouses, and their children under 18, which in many cases had a profound effect on their lives and the lives of their families. Many of these veterans were near bankruptcy as a result of medical bills and a lack of income due to disabilities. The benefits they were awarded were life-saving.
• Many class members also had their military status amended to permanently retired. For these veterans, this change amounted to having their identities reclaimed - they are officially retired with their rank intact, and can now go on base, access the military commissary and Post Exchange, and participate in their military communities.
• Finally, for others it was important that the military simply acknowledge that they had made a mistake, and correct the error that had been made in evaluating their disability rating. These veterans frequently mention that the Sabo lawsuit has allowed them to lay a lingering grievance to rest and to move forward positively.

In July of last year NVLSP hosted an outreach event at the American Legion Post 108 in Cheverly, MD, where Lane serves as President of the American Legion Auxiliary Unit. The goal of the session was to help disabled veterans and their families understand the disability benefits available to them and learn how to apply for these benefits. Going forward, Lane hopes to find more opportunities for NVLSP and local veterans service organizations to cooperate and help veterans on the local level.