CELEBRATING TWENTY-FIVE YEARS OF SERVICE TO VETERANS—OUR NATION’S DEFENDERS
2017 ANNUAL REPORT
CONTENTS
THAT OUR VETERANS ~OUR NATION’S DEFENDERS~ DESERVE THE CARE, BENEFITS, AND COMPENSATION THEY WERE PROMISED, AND THE BEST LEGAL SERVICES FREE OF CHARGE TO MEET THEIR CHALLENGES.
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KEYNOTE SPEAKER: THE HONORABLE BRIAN MAST HART T. MANKIN DISTINGUISHED SERVICE AWARD CHAIRMAN’S MESSAGE EXECUTIVE DIRECTOR’S MESSAGE MAYORAL PROCLAMATION CONGRESSIONAL RECORD HONORS 2017 SILVER ANNIVERSARY CHAIRMAN’S LUNCHEON MISSION PARTNER AWARDEES MISSION PARTNER AWARDEES PHOTOS MILESTONE 5000TH CASE SILVER ANNIVERSARY SPONSORS TVC 2017 DONORS HONOR ROLL THE SUTFIN SAGA: A CASE ST0RY NEW JUDGES WELCOMED SM TVC DISCHARGE UPGRADE PROGRAM LAUNCH OF PRO BONO LEGAL CLINIC SM TVC LEGAL SCHOLARS PROGRAM SM 2017 TVC NATIONAL VOLUNTEER CORPS HONOR ROLL TVC EXECUTIVE BOARD & STAFF FINANCIALS
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KEYNOTE SPEAKER: THE HONORABLE BRIAN MAST SILVER ANNIVERSARY DINNER AND AWARDS BANQUET
We were honored to have Congressman Brian Mast as our Keynote speaker for the Silver Anniversary Dinner and Awards Banquet. It’s a privilege to count him as a supporter of The Veterans Consortium Pro Bono Program. Congressman Brian Mast represents the 18th Congressional District of Florida.
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rior to his election to Congress, Brian followed in his father’s footsteps by serving in the U.S. Army for more than 12 years, earning the Bronze Star Medal, the Army Commendation Medal for Valor, the Purple Heart Medal, and the Defense Meritorious Service Medal. While deployed in Afghanistan, he worked as a bomb disposal expert under the elite Joint Special Operations Command. The last improvised explosive device he found resulted in catastrophic injuries, including the loss of both legs.
continued working in counter-terrorism and national defense as an Explosive Specialist with the Department of Homeland Security. Brian subsequently received a degree from the Harvard Extension School and volunteered to serve alongside the Israel Defense Forces to show support for the freedom Israel represents throughout the Middle East and the world.
“I want to thank The Veterans Consortium Pro Bono Program for playing a role in the lives of my peers, my brothers and sisters. Those that were willing to While lying in bed recovering at Walter go out there and lay it all on the line. Reed Medical Center, Brian’s father gave They’ve come from the battlefields of him advice that has stuck with him to this World War II, Korea, Vietnam, Panama, day--to ensure the greatest service he Grenada, Bosnia, Kosovo, Somalia, Iraq, gave to our country and the best examAfghanistan, and Syria. They are united ple he set for his children was still ahead by the fact that their sense of duty is to of him. Brian took this advice to heart and the United States of America above all dedicated himself to finding new ways to else – there is nothing more important serve our country and his community. to them. I can’t say thank you enough to TVC for being out there to support them”. Brian remained on active duty following the injuries and provided expertise to the National Nuclear Security Administration –Congressman Brian Mast and the Bureau of Alcohol, Tobacco & Firearms during his recovery process. After his retirement from the Army, he
“I want to thank The Veterans Consortium Pro Bono Program for playing a role in the lives of my peers, my brothers and sisters. Those that were willing to go out there and lay it all on the line.... I can’t say thank you enough to TVC for being there to support them.”
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HART T. MANKIN DISTINGUISHED SERVICE AWARD THE VETERANS CONSORTIUM RECEIVES HART T. MANKIN AWARD 20 SEPTEMBER 2017
“The Veterans Pro Bono Consortium is a model program indeed and has been so for the quarter-century it has been in existence. The program and its success are the work of many talented and dedicated individuals, and in recognition of their above-and-beyond effort, it gives me great pleasure to present The Veterans Pro Bono Consortium with the Hart T. Mankin Distinguished Service Award.” – Chief Judge Robert N. Davis
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CHAIRMAN’S MESSAGE
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hat a year! We had so much to celebrate and so many people to thank for the successes of the last twenty-five years. This milestone year afforded us the opportunity to reflect on our history and to recognize the significant contributions of the Pioneers of the federal Veterans Pro Bono Program (the U.S. Congress, the U.S. Court of Appeals for Veterans Claims, and Legal Services Corporation), and the Founders of The Veterans Consortium (TVC) (our founding chairman from Covington & Burling and founding directors from Disabled American Veterans, The American Legion, Paralyzed Veterans of America, and National Veterans Legal Services Program). We also created opportunities to recognize the invaluable commitment of our TVC National Volunteer Corps℠ and our Mission Partners who have joined forces with our dedicated staff to accomplish our shared mission. Another highlight of 2017 was the honor of accepting the Hart T. Mankin Distinguished Service Award on behalf of The Veterans Consortium from Judge Robert N. Davis, Chief Judge of the U.S. Court of Appeals for Veterans Claims (see page 4). Please take the time to read our case story about Shirley Sutfin, widow of WWII Battle of the Bulge veteran Charles Sutfin. She will soon be receiving retroactive benefits of about $195,000 and a monthly payment of $1,233 going forward. Leo Dombrowski, a member
of our TVC National Volunteer Corps℠, received the case from TVC and represented Mrs. Sutfin in her appeal. Thankfully her 14-year fight for justice is finally over. Clearly, the need is great and we look forward to expanding our program and providing access to justice to more veterans. As we come to an end of this milestone year, I want to salute you—our volunteers, our Mission Partners, and our supporters. Thank you to all who have been a part of our success over these past 25 years. Please consider the ways we can collaborate as we set the course for the next 25 years. Together, we must continue to help our nation honor our commitments to the Veterans we serve, provide them equal access to justice, and secure what they were promised when they took an oath to defend our country. Together, we must unite to advance our shared mission by meeting Veterans’ current and emerging needs, increasing our outreach, and developing ways to further support our volunteers. Together, we will succeed.
Sincerely,
Mary Ann Gilleece, Esq. Chairman of the Executive Board
“Together, we must continue to help our nation honor our commitments to the Veterans we serve.... Together, we must unite.... Together, we will succeed.”
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EXECUTIVE DIRECTOR’S MESSAGE I want to thank the members of our Executive Board, our highly skilled staff and our Mission Partners—for 25 years of excellent service to our veterans, their families, caregivers and survivors. What a privilege it was to be part of the 25th anniversary year of this highly successful program and to celebrate our collective accomplishments while looking to the future of our mission.
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ur Chairman’s luncheon in the spring was the first of the two key events we hosted to celebrate this milestone year, held on 25 April at Ft. Lesley J. McNair. Over 60 distinguished guests gathered in the beautiful ballroom overlooking the Potomac and Anacostia rivers to celebrate TVC’s Silver Anniversary milestone and honor the Pioneers of the federal Veterans Pro Bono Program as well as the Founders of The Veterans Consortium. In the fall, we held our Silver Anniversary Dinner and Awards Banquet at Union Station in Washington, D.C., on 4 October. This memorable event, held in the historic East Hall, celebrated 25 years of pro bono legal service to veterans and their families, caregivers and survivors in front of a crowd of hundreds of veterans, volunteers from across the nation, members of Congress and the Executive and Judicial Branches, senior representatives of Congressionallychartered Veterans Service Organizations, and community supporters.
and dedicated staff have handled nearly 50,000 Veterans’ requests for legal assistance, trained over 4,000 attorneys from law firms and corporate legal departments, helped law schools establish programs or legal clinics to build the veterans law bar, and succeeded in 82% of our federal Court cases. These achievements translate into over $100 million in pro bono legal services provided on behalf of Veterans in need, and by our calculations, more than three times that in the lifetime value of care, benefits, and disability compensation that have changed our clients’ lives.
newly-minted solo practitioners. As varied as these backgrounds may be, they each joined forces as part of The Veterans Consortium because we all share a passion to provide equal access to justice for our Veterans before the U.S. Court of Appeals for Veterans Claims, the Federal Circuit, and the U.S. Supreme Court.
While these remarkable accomplishments are truly worthy of celebration, we have so much more to do. We want to expand our pro bono Medical Review Program, build out our TVC Discharge Upgrade Program℠ for cases involving Thank you to our TVC National Volunteer PTSD and TBI, and grow the TVC Legal Corps℠ members who have successfully Scholars Program℠. We will continue to represented Veterans from all 50 States, deliver equal access to justice for our the District of Columbia, and all U.S. veterans and their families, caregivers, Territories (plus many countries where and survivors. On behalf of these men U.S. Veterans live abroad). As the leading and women—our nation’s defenders— national charitable organization providing and their loved ones, thank you for your pro bono legal services for Veterans support of our mission. in federal courts, our volunteers come from organizations as diverse as large corporate legal departments to small Over the past 25 years, our TVC National academic veterans law clinics, from a Edmund M. Glabus Volunteer Corps℠, Mission Partners, majority of the Am Law 200 firms to Executive Director The Veterans Consortium Pro Bono Program 2017 Annual Report 7
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CONGRESSIONAL RECORD HONORS
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2017 SILVER ANNIVERSARY CHAIRMAN’S LUNCHEON
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n the spring of 2017, we formally began our celebration of The Veterans Consortium’s Silver Anniversary year and the concurrent 25-year milestone of the federal Veterans Pro Bono Program. Our Chairman of the Executive Board, Mary Ann Gilleece, hosted the Chairman’s Luncheon on a beautiful spring day on the banks of the Potomac River in the Officers Club at Fort Lesley J. McNair. We took this opportunity to recognize the significant contributions of the Pioneers of the federal Veterans Pro Bono Program (the U.S. Congress, the U.S. Court of Appeals for Veterans Claims, and Legal Services Corporation) and those of the founders of The Veterans Consortium (our founding Chairman from Covington & Burling and the founding directors from Disabled American Veterans, The American Legion, Paralyzed Veterans of America, and National Veterans Legal Services Program).
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ABOVE: Courtney Smith
RECOGNITION OF PIONEERS
On Behalf of the United States Congress Mary Ann Gilleece Chairman of TVC Executive Board The Honorable Debbie Wasserman Schultz United States Congresswoman Gary Butter Vice Chairman of TVC Executive Board
On Behalf of the U.S. Court of Appeals for Veterans Claims (Recipients listed Left to right) Gary Butter (TVC), Founding Chief Judge Frank Q. Nebeker* Court of Appeals for Veterans Claims (CAVC), Current Chief Judge Robert N. Davis (CAVC), Mary Ann Gilleece (TVC) * Senior Judge
“Pioneers Group Photo” (Recipients listed Left to right) Mark Freeman Legal Services Corporation (LSC), Bristow Hardin (LSC), Gary Butter (TVC), Marty Costello (LSC), Ed Glabus (TVC), Chief Judge Robert N. Davis (CAVC), Mary Ann Gilleece (TVC), Judge Lawrence B. Hagel* (CAVC), Judge Frank Q. Nebeker* (CAVC), Judge William A. Moorman* (CAVC), Judge Mary J. Schoelen (CAVC), Judge Bruce E. Kasold* (CAVC), Judge Margaret Bartley (CAVC), Judge William P. Greene* (CAVC) * Senior Judge
On Behalf of Legal Services Corporation (Recipients listed Left to right) Gary Butter, Bristow Hardin (LSC), Martin Costello (LSC), Mary Ann Gilleece
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MISSION PARTNER AWARDEES The Veterans Consortium Announces 2017 Pro Bono Mission Partner Awardees & Recognition of Honorary Co-Counsel of 5000th Federal Veterans Pro Bono Program Case
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he inaugural Pro Bono Mission Partner Awards were presented at our TVC Silver Anniversary Dinner and Pro Bono Awards Banquet in front of a crowd of veterans, volunteers from across the nation, members of Congress, senior representatives of the Judicial and Executive branches, national veterans service organizations, and community supporters who gathered to celebrate 25 years of pro bono legal service to veterans and their families, caregivers and survivors. Duane Morris LLP received the 2017 TVC Law Firm Pro Bono Mission Partner Award; Google Inc. received the 2017 TVC Corporate Pro Bono Mission Partner Award, and the team of BakerHostetler and Nationwide Mutual Insurance Company received the TVC Law Firm/Corporate Pro Bono Mission Partners Award. TVC also recognized The Honorable William H. Webster, former Director of the FBI and the CIA and current Chair of the Homeland Security Council, and Ms. Linda Klein, Immediate Past President of the American Bar Association, as the honorary co-counsel for TVC’s milestone 5000th federal Veterans Pro Bono Program case with lead counsel Judy Donegan, Esq., TVC Director of Litigation & Case Management.
TVC 2017 LAW FIRM PRO BONO MISSION PARTNER AWARD
“ The firm’s pro bono representation in these federal appellate cases is critical... ”
The Veterans Consortium Pro Bono Program presented Duane Morris LLP with the 2017 TVC Law Firm Pro Bono Mission Partner Award, in recognition of their outstanding record of service provided to our nation’s veterans and their families, caregivers, and survivors by their firm in 2016-17. Duane Morris has been a valued partner in our successful core mission of providing pro bono representation to veterans at the U.S. Court of Appeals for Veterans Claims for years. The firm’s pro bono representation in these federal appellate cases is critical to ensuring our veterans—our
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Kenneth Crawford, LTC, USA, Ret. Student, Georgetown Law Center TVC National Volunteer Corps℠ nation’s defenders—receive the care, benefits, and compensation they were promised, and the best legal services free of charge to meet their challenges. Veterans and their loved ones have repeatedly asked TVC to convey their gratitude to Duane Morris volunteers. Duane Morris helped TVC expand outreach and access to justice for our nation’s veterans by taking services directly to them in our nation’s capital. In the fall of 2016, Duane Morris volunteer support was critical to implementation of TVC’s Pop-Up Legal Clinics at VA facilities in the D.C. Metro area. Duane Morris made a significant pro bono
commitment to serve as the strategic partner law firm in launching this initiative by staffing legal information and referral clinics across Washington, D.C. with team members from the east coast offices for the first Annual TVC Legal Muster℠ in our nation’s capital. They continue to provide vital support for our weekly legal clinic at the D.C. VA Medical Center. This commitment to pro bono service clearly demonstrates that Duane Morris has “gone above and beyond the call of duty” on behalf of our nation’s defenders and is a model for other pro bono teams to emulate.
TVC 2017 CORPORATE PRO BONO MISSION PARTNER AWARD
The Veterans Consortium Pro Bono Program presented Google, Inc. with the 2017 TVC Corporate Pro Bono Mission Partner Award, in recognition of an outstanding record of service provided to our nation’s veterans and their families, caregivers, and survivors over the past five years. Founded in 1992 and operating continuously since, The Veterans Consortium (TVC) became a freestanding charitable organization in 2012. In the ensuing five years, as TVC built its infrastructure and implemented best practices for nonprofits, Google Inc. contributed significant investments of in-kind business services and resources to support
“ ...this commitment to pro bono service, clearly demonstrates that Google has gone above and beyond the call of duty on behalf of our nation’s defenders.”
mission infrastructure. Google Inc. pro bono attorneys enlisted in TVC’s National Volunteer Corps℠ and completed the specialized training necessary to assist veterans. As a recent example, working from both coasts, Google litigators Andrew Trask of San Francisco, California, and Jim Sherwood of Washington, D.C., innovatively collaborated across time zones to jointly take and win a compelling federal appellate case before the U.S. Court of Appeals for Veterans Claims. The client has expressed deep gratitude for this pro bono representation. As part of their support to the growth of TVC’s mission infrastructure, Google contributed resources of time and talent in support of the participation by Google patent counsel and Navy veteran, Gary Butter, who currently serves in a critical leadership position on TVC’s Executive Board of Directors as its Vice Chairman. This service has required commitment of talent and resources vital to the success of the board’s leadership in moving TVC forward as it implements enhancements in operations, technologies, and communications with volunteers and the veterans we serve. In sum, this commitment to pro bono service, clearly demonstrates that Google has “gone above and beyond the call of duty” on behalf of our nation’s defenders.
TVC 2017 LAW FIRM/ CORPORATE PRO BONO MISSION PARTNERS AWARD
BakerHostetler LLP and Nationwide Mutual Insurance Company The Veterans Consortium Pro Bono Program presented BakerHostetler LLP and Nationwide Mutual Insurance Company with the 2017 TVC Law Firm/
“ For the cases resolved as of TVC’s Silver Anniversary event, their team had an amazing unbroken win streak for our veteran clients!” Corporate Pro Bono Mission Partners Award in recognition of the outstanding collaborative record of service provided to our nation’s veterans and their families, caregivers, and survivors by their pro bono teams. In close collaboration, from 2016-2017 BakerHostetler and Nationwide attorneys handled more than 10% of The Veterans Consortium’s annual federal appellate caseload. For the cases resolved as of TVC’s Silver Anniversary event, their team had an amazing unbroken win streak for our veteran clients! TVC has received many heartfelt expressions of appreciation for this service from the veterans and their loved ones. A deep connection to veterans’ affairs spans BakerHostetler’s history—from Newton Baker’s service as Secretary of War under President Wilson, through the firm’s history to the nearly 70 veterans currently employed by the firm. During BakerHostetler’s 2016 Centennial celebration, the firm made a significant pro bono commitment to The Veterans Consortium, including critical logistical support by hosting a regional TVC CAVC attorney volunteer training for law firms and corporate counsel in the Columbus, Ohio area and via telecast for 89 attorneys from a number of organizations across the country. In total, 65 BakerHostetler attorneys attended the training, setting a record for single-firm attorney attendance in one day. This commitment to pro bono service clearly demonstrates that the BakerHostetler/ Nationwide team has “gone above and beyond the call of duty” on behalf of our nation’s defenders and is a model for other pro bono teams to emulate.
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MISSION PARTNER AWARDEES PHOTOS 2017 TVC LAW FIRM PRO BONO MISSION PARTNER AWARD DUANE MORRIS LLP Accepted by Patrick McPherson and Valentine Brown
2017 TVC CORPORATE PRO BONO MISSION PARTNER AWARD GOOGLE INC. Accepted by Sybil Strimbu
2017 TVC LAW FIRM/CORPORATE PRO BONO MISSION PARTNERS AWARD BAKERHOSTETLER / NATIONWIDE MUTUAL INSURANCE COMPANY Accepted by Rodger Eckelberry, BakerHostetler, and Mark Howard, Nationwide Mutual Insurance Company
HONORARY CO-COUNSEL FOR 5000TH CASE The Honorable William H. Webster (Ret.), MIlbank, Tweed, Hadley & McCloy LLP, Ms. Linda Klein Baker, Donelson, Bearman, Caldwell & Berkowitz, Mary Ann Gilleece, The Honorable Debbie Wasserman Schultz, Gary Butter, and Ed Glabus 14 The Veterans Consortium Pro Bono Program 2017 Annual Report
MILESTONE 5000 CASE TH
THE VETERANS CONSORTIUM’S 5000TH APPELLATE CASE FOR THE FEDERAL VETERANS PRO BONO PROGRAM The Veterans Consortium’s 5000th appellate case for the federal Veterans Pro Bono Program coincided with TVC’s Silver Anniversary year. TVC placed the case with Judge William H. Webster and Ms. Linda Klein, Esq. as pro bono Honorary Co-Counsel. Judy Donegan, Director of Litigation & Case Management, was the lead attorney on the case, which was taken on behalf of a combat-decorated Vietnam veteran. The veteran had been fighting to get the VA to award him service connected benefits to manage a medical condition that developed while serving his country. [Editor’s Note: Just prior to finalizing this annual report, TVC was notified that the “dream team” below had prevailed on behalf of the veteran. Stay tuned for details in our TVC Monthly Brief newsletter and our 2018 annual report!]
TVC’S 2017 PRO BONO “DREAM TEAM” THE HONORABLE WILLIAM H. WEBSTER Judge William H. Webster was invited to accept this honor, because of his highly distinguished career of national public service. After serving as a US naval officer, attorney and federal judge, he was appointed by President Jimmy Carter to lead the FBI and then appointed by President Ronald Reagan to serve as the Director of the CIA until his retirement from public office in 1991. He currently serves as co-chairman of the Homeland Security Advisory Council. He recently retired from the Washington D.C. offices of the international law firm of Milbank, Tweed, Hadley & McCloy.
MS. LINDA KLEIN, ESQ. Ms. Linda Klein was invited to accept this honor because of her work as the President of the American Bar Association and her efforts to focus on improving access to justice and providing legal assistance to our nation’s veterans. “We have learned that many veterans do not know the problem they have is a legal one,” said Klein. “These are men and women who put their life on the line for our country, in defense of our liberty. When our justice system fails these people, we must answer their call and fight on their behalf.” Linda Klein is a senior managing shareholder at Baker Donelson Bearman Caldwell & Berkowitz and the first woman to serve as president of the State Bar of Georgia.
MS. JUDY DONEGAN, ESQ. As a seasoned veterans’ attorney, Ms. Judy Donegan, Esq., TVC’s Director of Litigation & Case Management, was the lead counsel for this milestone case and worked closely with Judge Webster and Ms. Klein on the federal appeal. Ms. Donegan has spent the last decade representing U.S. military veterans before the CAVC, the Board of Veterans’ Appeals, and the Department of Veterans Affairs. A graduate of the University of Baltimore School of Law, she was admitted to the State Bar of Michigan in 1994. Her appellate work before the CAVC began in 2007, and she became an accredited attorney for practice before the VA the following year. She has led or participated in more than 2,000 appeals before the CAVC. Judy is the granddaughter of a World War II veteran and the daughter of a Korean conflict veteran. The Veterans Consortium Pro Bono Program 2017 Annual Report
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SILVER ANNIVERSARY SPONSORS HERO SPONSOR Arnold & Porter Kaye Scholer LLP
HONOR GUARD SPONSOR
FREEDOM SPONSOR
Buckley Sandler LLP
BakerHostetler LLP
Fish & Richardson PC
Covington & Burling LLP Crowell & Moring LLP
Nationwide Mutual Insurance Company
Fried, Frank, Harris, Shriver & Jacobson LLP
PATRIOT SPONSOR
Fox Rothschild LLP
Duane Morris LLP The Greenberg Traurig Philanthropic Fund at The Miami Foundation ManTech International Corporation Paul, Weiss, Rifkind, Wharton & Garrison LLP
GUARDIAN SPONSOR
The Home Depot
VETS DEFENDER SPONSOR Aikin Gump Strauss Hauer & Feld LLP CBRE Chisholm Chisholm & Kilpatrick LTD Goodman Allen Donnelly Google Inc. McCarter & English LLP
Butler Weihmuller Katz Craig LLP
Michael Best & Friedrich LLP
Disabled American Veterans
Michael Hausfeld
Finnegan, Henderson, Farabow, Garrett & Dunner LLP Marriott International Corporation
Michael Nardotti, Esq., Major General, U.S. Army (Ret.) Senior Partner, Squire Patton Boggs
National Association of County Veterans Service Officers
National Organization of Veterans Advocates
National Veterans Legal Services Program
Saab North America
The American Legion
WSL Consulting LLC
Mary Ann Gilleece, Esq. Chairman of TVC Executive Board 16 The Veterans Consortium Pro Bono Program 2017 Annual Report
Steptoe & Johnson LLP
TVC 2017 DONORS HONOR ROLL WITH GRATITUDE Thank you to our donors whose generous support is critical to our mission. Much of the tremendous work reported in this annual report was made possible because of your contributions. On behalf of the veterans, their families, caregivers, and survivors that we serve, thank you for caring and for your generosity.
$25,000 TO $100,000 Arnold & Porter Kaye Scholer Equal Justice Works
$10,000 TO $24,999 BakerHostetler LLP Duane Morris LLP and Duane Morris/Christopher Tyson and other aggregated donations ManTech International Corporation Nationwide Mutual Insurance Company Paul, Weiss, Rifkind, Wharton & Garrison LLP The Greenberg Traurig Philanthropic Fund at The Miami Foundation and GreenbergTraurig LLP
$5,000 TO $9,999 Akin, Gump, Strauss, Hauer & Feld LLP Butler Weihmuller Katz Craig LLP Deborah J. Flanagan Disabled American Veterans Finnegan Henerson Farabow Garrett & Dunner LLP Marriott International Inc. National Association of County Veterans Service Officers National Veterans Legal Services Program The American Legion The Nathan P. Jacobs Foundation Mary Ann Gilleece, Chairman of TVC Executive Board Venable Foundation Inc
$1,499 TO $4,999 Catalogue for Philanthropy (multiple aggregated donations) Blank Rome LLP Buckley Sandler CBRE / Lou Christopher Chisholm Chisholm & Kilpatrick Covington & Burling LLP Crowell & Moring LLP Fish & Richardson PC Fox Rothschild Fried, Frank, Harris, Shriver & Jacobson LLP Goodman Allen Donnelly Harman Cain Family Foundation Hausfeld / Michael D. Hausfeld (Founder & Chairman) Hubert A. & Gladys C. Eastabrook Charitable Trust
Joe R. Reeder McCarter & English Michael Nardotti, Esq. (MG, USA, Ret.) National Organization of Veterans Advocates Saab Group / Wes Walters The Home Depot The Steptoe Foundation / The Community Foundation for the National Capital Region
$500 TO $1,499 Acklie Charitable Foundation America’s Warrior Partnership / Jim Lorraine Bryan Henrick Capital Bank / David Vardeman Colin McKee Colleen Miller Edmund M. Glabus Gary & Janet Butter Google Inc. (multiple aggregated donations) Just-Tech LLC Ken Albridge KLA Industries Laurence Platt and Clare Herington LexisNexis / Reed Elsevier McDermott Will & Emery Charitable Foundation Michael Best & Friedrich LLP Paralyzed Veterans of America Raffa, PC Shelby Hritz Sybil Strimbu The Webster Group Inc. Thomas Kniffen Troutman Sanders LLP William Foster WillisTowersWatson / Susanne Delaney WSL Consulting / Susan Beall
$25 TO $499 Alan Dechter and Sheree Smith Angela Drake Anonymous (multiple aggregated sources) Anthony Costa Bethany Lynn Williams Brian McKeon Daniel Mujica David Buck David Frost Dennis & Associates Group Inc.
Denyse Sabbagh Eagle Bank Corporation / John Vogt Ella Washington Federal Bar Association (in kind) Gregory Block Gregory LaRocca Jan Rosen-Serafini Jeanne Barys Jim Sandman John Farley Joseph Miller Kathryn Hagar Katrina King Kristan Nevins Lonnie Moore Louis J. George & Ellen Dempsey Margaret and Don Cleary Margaret Bartley Margaret Smith Maria Kirby Mary Berry Mary Schoelen MaryAnn Keeling Maureen Thomas Merrill Lynch / Kugel Briegs Group Michael Allen Michael Bowen & Barbara Sicalides Monica Patterson Nicholas Griffo Patrick McPherson Phillip Brandt Ralul Regalado Reginald Berry Robert Davis Ronald Flagg Sarah Dodge Sarah Dorsett Sean Murphy Sheila Hollis Sheila M. Tyson Steven Gedemer Tanya Fletcher Teresa Smalley-Banfield Therese Strode William Dempster William Greene William Guarnieri William Hamilton Zoila Flores
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THE SUTFIN SAGA: A CASE STORY TVC NATIONAL VOLUNTEER CORPS SUCCEEDS AGAIN SM
C
harles Sutfin, an Army Battle of the Bulge veteran who had been diagnosed with lung cancer in 2003, had filed all the necessary paperwork to receive Department of Veterans Affairs (VA) compensation and pension for the lung cancer. After his death in 2004, his wife, Shirley Sutfin, re-filed for Dependency and Indemnity Compensation (DIC). Sometimes, a whole year would pass and Mrs. Sutfin would hear nothing. More than once, at the end of that yearlong wait, Sutfin would learn that the VA lost all of the paperwork. Kathy Bower, a veterans service officer with the Illinois Department of Veterans’ Affairs, saved the day – not once, but three times over the course of 12 years when the paperwork was lost. Astutely, she had kept a copy of the 1,000-1,500 page submission. “Those days, we did not have electronic access to records,” Bower recalls.
ABOVE: Leo Dombrowski, Esq. TVC National Volunteer Corps℠
So it was fitting that, on a sunny March day, heading to her West Frankfort, Ill., home after a doctor’s appointment, Sutfin’s phone rang. It was Bower, who had been there from the beginning, proclaiming the glorious words: “It went through.” The VA had finally granted her the compensation she was seeking. Thankfully, Sutfin’s daughter, Debra, was driving that day. Her black Nissan rolled north along I-24 and Sutfin recalls: “I was shocked.” They were about an hour from home and Sutfin could barely wait to call her pro bono attorney from The Veterans Consortium, Leo Dombrowski, who hadn’t received word from the VA Regional Office yet. Dombrowski took the case on appeal through the federal Veterans Pro Bono Program in April 2016 after it had already spent a dozen years shuffling through the VA system. Dombrowski was determined to put an end to that. Dombrowski immediately reframed the case to look at whether the Board of Veterans’ Appeals misapplied the law when it failed to properly apply the benefit of the doubt rule regarding service connection, failed to satisfy its duty to assist and failed to ensure compliance with its remand orders regarding missing records. In addition, Dombrowski asked if the Board provided adequate basis for denial, especially when relying on inadequate medical evidence and rejecting favorable evidence. The Sutfin saga, as Dombrowski calls it, began in March of 1944. Charles Sutfin had been on active duty in the Army since March of 1942, seeing
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action in Europe during World War II. He was recovering from back surgery when he felt a soreness in his chest. It was described as a “focal pneumonitis with liquefaction necrosis and abscess formation,” but Bower says today it would be described as a nosocomial infection (a hospital-acquired infection). X-rays showed a right lung abscess. He spent eight months in the hospital and although he was given permission to remain stateside after his recovery, he chose to travel back to his platoon and resume his position as a tank repairman for the Battle of the Bulge. His separation exam, in December 1945, noted the lung abscess as a significant condition incurred during his Army service. In December 2002, Charles, known as Herm, was prepping for another back surgery when a chest CT scan and chest x-ray revealed a right-sided lung mass. In March 2003, his pulmonologist diagnosed him with lung cancer, that mostly likely was a scar cancer developed in the area of the old scar. To those involved, it seemed clear on paper that Sutfin’s lung cancer was a result of the post-surgery infection he suffered while in the service. The VA just didn’t see it that way. Peppered amidst the yearlong silences and lost files, were denials, remands and requests for more reports from doctors. After the original DIC filing in 2004, the VA Regional Office denied the claim, ruling that because the files lacked an x-ray showing scar tissue before Sutfin left the Army, there was no confirmation that he had scar tissue in his right lung. Mrs. Sutfin appealed this decision, but the files were lost. It was a full four years before the VA took any material action in the case, Dombrowski says.
In 2012, the case was remanded to the VA Regional Office, mostly for more medical records. The documents Sutfin submitted included medical treatise evidence supporting a link between an abscess leading to scar tissue and ultimately to cancer. In July, the VA Regional Office obtained a Compensation and Pension (C&P) opinion from a VA-provided medical professional, who opined that the lung cancer was most likely related to cigarette use, when evidence clearly showed that Sutfin had never smoked. Still, the VA Regional Office continued to deny benefits. “There are so many cases that go through the system and this one appears to involve sheer incompetence, negligence or uncaring,” Dombrowski says. “The message is, if you think you have a valid claim, stick with it. In defense of the VA, they get tens of thousands of claims” [appealed each year].
After reviewing the lengthy record, Dombrowski thought there was clear error and grounds for a remand. The VA initially remained adamant that remand was not warranted. However, after Dombrowski filed the appellant’s opening brief, the VA thought differently and agreed to a joint remand. Given the wording of the parties’ motion for remand on the benefit of the doubt issue, Dombrowski believes, “It tied the VA’s hands and they basically had to rule in our favor.” Dombrowski immediately reported back to TVC about the victory, writing in an email: “I am extremely happy to report—tickled, actually—that Shirley Sutfin, widow of WWII veteran Charles Sutfin, will soon be receiving retroactive benefits of about $195,000 and a monthly payment of $1,233 going forward…. Finally, her 14-year case is happily over. It would have been nice if she had been receiving monthly payments for some time now, but even at 83, she sounds like she still has many miles to go.”
“ ‘This case is important because a veteran’s wife kept with it.... It’s important and satisfying to stay with the veteran and provide guidance toward the end goal.’ ” As a dedicated member of TVC’s National Volunteer Corps℠, Dombrowski has now handled and won ten appeals through the federal Veterans Pro Bono Program and always continues to represent the veteran free of charge after the Court appeal and remand. “This case is important because a veteran’s wife kept with it. She didn’t give up and is happy that she was eventually referred to The Veterans Consortium,” he says. “It’s important and satisfying to stay with the veteran and provide guidance toward the end goal.”
The Veterans Consortium Pro Bono Program 2017 Annual Report 19
NEW JUDGES WELCOMED NEW JUDGES NAMED TO THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS On 3 August 2017, Michael P. Allen, Amanda L. Meredith, and Joseph L. Toth, were confirmed by the full U.S. Senate as judges for the U.S. Court of Appeals for Veterans Claims (CAVC). They join five other Active CAVC Judges on the Court: Chief Judge Robert N. Davis, Judge Mary J. Schoelen, Judge Coral W. Pietsch, Judge Margaret Bartley and Judge William S. Greenberg. *As of the publication of this Annual Report, Judge Joseph L. Falvey, Jr. has joined the U.S. Court of Appeals for Veterans Claims.
JUDGE MICHAEL P. ALLEN Judge Michael Allen was nominated by the President of the United States in June 2017. He was confirmed by the United States Senate, and appointed a Judge of the United States Court of Appeals for Veterans Claims in August 2017. United States District Judge Elizabeth Kovachevich of the Middle District of Florida administered the judicial oath to Judge Allen on August 11, 2017. For 16 years before his judicial appointment, Judge Allen was a tenured full professor of law at Stetson University College of Law in Gulfport, Florida. He was also the director of Stetson’s Veterans Law Institute, and he spent four years as the College of Law’s associate dean. Judge Allen also served as a visiting professor of law at the University of Illinois College of
Law. Before entering teaching, Judge Allen practiced law for nine years in the litigation department of the Boston-based international law firm Ropes & Gray. Judge Allen graduated summa cum laude from the University of Rochester earning bachelor’s degrees in American history and political science. He received his juris doctor from Columbia Law School, where he was a Harlan Fiske Stone Scholar during his final two years. As a professor, Judge Allen taught courses in constitutional law, civil procedure, federal courts, remedies, and veterans benefits law. He has been a prolific author, cowriting two books and more than 25 articles and essays. Judge Allen also received numerous awards for his scholarship and teaching including the Stetson University Award for Excellence in Scholarship, the
20 The Veterans Consortium Pro Bono Program 2017 Annual Report
Brown-Dickerson Award for Excellence in Scholarship, the Stetson University Award for Excellence in Teaching, and the Stetson University Award for Excellence in Professionalism and Career Development. He also received the Stetson’s Golden Apple Award for teaching and was twice named the best all-around professor. Before taking the bench, Judge Allen was active in professional associations. He served on the Board of Trustees of the Southeastern Association of Law Schools and was the Chair of the American Association of Law Schools’ sections on Remedies and New Law Teachers. He is also active in his synagogue where, along with his wife, he received the Shofar Award for community service. Judge Allen is married to Debra Brown Allen and has two sons, Ben and Noah.
JUDGE AMANDA L. MEREDITH Judge Amanda L. Meredith was nominated by the President of the United States in June 2017. She subsequently was confirmed by the United States Senate and appointed a Judge of the United States Court of Appeals for Veterans Claims in August 2017. For more than 12 years prior to her appointment, Judge Meredith worked for the Republican staff of the United States Senate Committee on Veterans’ Affairs. Most recently,
she served from 2015 to 2017 as the Deputy Staff Director and General Counsel for Chairman Johnny Isakson. She served as General Counsel from 2008 to 2015 and as Benefits Counsel from 2005 to 2008 under Ranking Member Richard Burr and Chairman/ Ranking Member Larry Craig. During this time, she was responsible for legislative and oversight activities regarding a wide range of veterans’ issues and assisted Members of Congress in enacting numerous laws to help improve the benefits and services for our nation’s veterans. Prior to joining the staff of the Committee on Veterans’ Affairs, Judge Meredith worked for the United States Court of Appeals for Veterans Claims for more than seven years. While at the Court, she served from 2004 to 2005
as the Director of the Court’s Task Force for Backlog Reduction, a team of experienced attorneys dedicated to reducing the inventory of pending appeals. From 2000 to 2004, she was the Executive Attorney to Chief Judge Kenneth Kramer, serving as the principal legal advisor to the Chief Judge regarding all judicial functions; supervising the chambers law clerks; and managing the chambers caseload. She served from 1997 to 2000 as a judicial law clerk to Judge Kramer. Judge Meredith graduated summa cum laude from the University at Buffalo with a bachelor of science degree in accounting and graduated magna cum laude from the University at Buffalo Law School, where she was a member of the Buffalo Law Review.
JUDGE JOSEPH L. TOTH Judge Joseph L. Toth was nominated by the President of the United States in June 2017. He was subsequently confirmed by the United States Senate and was appointed a Judge of the United States Court of Appeals for Veterans Claims in August 2017. Judge Toth is a veteran of the Judge Advocate General (JAG) Corps of the United States Navy, where he served as Senior Defense Counsel in Pearl Harbor, Hawaii, and provided legal assistance to veterans, service members, and their families. In 2011, Judge Toth was deployed to the Zhari district of Afghanistan where he served as a Field Officer for the Rule of Law Field Force Afghanistan (ROLFF-A) and was stationed with the Army’s 10th Mountain
Division. He received the Joint Service Commendation Medal for his service in Afghanistan. After leaving active duty, Judge Toth served as Associate Federal Defender in Milwaukee, Wisconsin, with a focus on appellate litigation and motions practice. Judge Toth has served on or appeared before several federal and military courts, including the United States Court of Appeals for the Seventh Circuit and the United States Court of Appeals for the Fourth Circuit.
Judge Toth received his Bachelor of Arts degree from the University of Chicago and his juris doctor from the Ave Maria School of Law, where he was the managing editor of the Ave Maria Law Review.
Judge Toth clerked for Judge Daniel A. Manion of the United States Court of Appeals for the Seventh Circuit and Judge Robert J. Conrad of the United States District Court for the Western District of North Carolina. Additionally, he worked as an Associate Counsel at Drinker Biddle & Reath, LLP in the commercial litigation group.
The Veterans Consortium Pro Bono Program 2017 Annual Report 21
TVC DISCHARGE UPGRADE PROGRAM
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T
he Veterans Consortium (TVC) Discharge Upgrade Program℠ provides nationwide pro bono legal representation to veterans with Other Than Honorable Discharges due to conduct related to Post Traumatic Stress Disorder (PTSD), traumatic brain injuries (TBI) and other behavioral health issues. We believe that PTSD, TBI and other behavioral health issues resulting from military service should not preclude veterans from receiving the benefits and respect they deserve. We began building our TVC Discharge Upgrade Program℠ in early 2016 to meet the growing need in the veteran community for assistance with discharge upgrade applications to secure benefits eligibility for veterans and to restore dignity to our nation’s warriors. SM
TVC DISCHARGE UPGRADE PROGRAM GROWS WITH 2017 EQUAL JUSTICE WORKS FELLOWSHIP “I would like to thank AT&T and Akin Gump for the opportunity to expand TVC’s Discharge Upgrade ProgramSM. I am excited to work with both organizations to support our veterans by providing pro bono legal representation for discharge upgrade applications.”
Our TVC Discharge Upgrade Program℠ was expanded significantly in 2017 when we were awarded a twoyear Equal Justice Works Fellowship sponsored by our Mission Partners, AT&T and Akin Gump Strauss Hauer & Feld LLP. Because of their generous support, TVC’s capacity to serve veterans has grown to nearly 1,000 annual requests from men and women with Other Than Honorable discharges due to conduct related to PTSD, TBI and other behavioral health issues.
– Danica Gonzalves Equal Justice Works Fellow, Sponsored by AT&T and Akin Gump Strauss Hauer & Feld LLP
“AT&T is a committed supporter of our nation’s veterans, planning to hire 20,000 by 2020,” said David McAtee, AT&T’s Senior Executive Vice President and General Counsel. 22
The Veterans Consortium Pro Bono Program 2017 Annual Report
“Working with The Veterans Consortium is one more way we can help those who served to productively re-acclimate into civilian life. Our lawyers are eager to lend their time and expertise to support TVC’s efforts.” Through the Equal Justice Works Fellowship, Danica Gonzalves provides representation to underserved veterans in discharge upgrade applications and offers nationwide specialized trainings for attorneys. Danica conducts outreach to build awareness of TVC’s Discharge Upgrade Program℠ as well as PTSD and TBI among the veteran community, while connecting pro bono attorneys with veterans in need. “When TVC shared with us the stories of veterans who have been denied health and other benefits due to service-related trauma, we knew that we wanted to help in any way we could. Sponsoring this fellowship is only our first investment; we look forward to continuing our work with The Veterans Consortium to advocate for these brave Americans.” Steven H. Schulman, Pro Bono Partner at Akin Gump.
LAUNCH OF PRO BONO LEGAL CLINIC TVC LAUNCHES WEEKLY VETERANS PRO BONO LEGAL CLINIC AT THE WASHINGTON DC VA MEDICAL CENTER
I
n July of 2017, the Washington DC VA Medical Center (DC VAMC), Neighborhood Legal Services Program - DC (NLSP-DC), and The Veterans Consortium (TVC), signed a Memorandum of Understanding (MOU) for the purpose of increasing equal access to justice for veterans in need through free legal services to meet their challenges. As part of this MOU, TVC stepped forward as managing partner for a recurring Veterans Pro Bono Legal Clinic at the DC VAMC. We operate this Legal Clinic at the DC VAMC weekly to (1) facilitate pro bono opportunities in veterans law for law students and introduce them to the federal Veterans Pro Bono Program, (2) help recruit
attorneys for the federal Veterans Pro Bono Program to represent pro se appellants before the US Court of Appeals for Veterans Claims, and (3) provide an opportunity for our TVC staff attorneys to do their personal pro bono service, all while serving veterans in need.
NLSP-DC and the Transition & Care Management office of the DC VAMC; it is also open to all veterans regardless of discharge status.
The veterans pro bono legal clinic, operated through TVC’s Medical-Legal Partnership with the DC VAMC, serves about 20 veterans and their loved ones Every Friday, dedicated volunteers from each Friday. This project is a true “labor local law firms, corporate legal depart- of love” for Samantha Stiltner, TVC staff ments, and students from DC-area law attorney and the legal clinic’s program schools participating in our TVC Legal manager for TVC. One high note was Scholars Program℠, meet with veterans the VA General Counsel, James Byrne, to conduct triage based on their stated personally performing his pro bono needs, offer information and resourcservice hours at the legal clinic in 2017 es, and provide referrals. This Legal and committing to perform future pro Clinic is completely free of charge and bono shifts there with us in 2018. is administered in partnership with
(Left to Right) Samantha Stiltner, (TVC), Ed Glabus, Mary Ann Gilleece, Ely Ross, Director, Mayor’s Office of Veterans Affairs, Lawrence B. Connell, Acting Director, DC VA Medical Center, Frank Natale, Director, Litigation & Advocacy, Neighborhood Legal Services Program
The Veterans Consortium Pro Bono Program 2017 Annual Report 23
TVC LEGAL SCHOLARS PROGRAM
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To help fulfill our mission task to encourage and facilitate pro bono representation by law school clinical and other appropriate programs, we operate The Veterans Consortium Legal Scholars Program℠. This effort introduces law students to the federal Veterans Pro Bono Program and exposes them to careers serving veterans and their families, caregivers, and survivors under the aegis of our TVC National Appellate & Veterans Law Clinic℠. This program comprises some long-standing TVC projects as well as some recent initiatives, including: • David Isbell Internships • Jeffrey Stonerock Externships • Federal Veterans Pro Bono Program Clerkships and TVC Discharge Upgrade Program℠ Clerkships • Trophy Sponsorship for the annual National Veterans Law Moot Court Competition • Equal Justice Works Fellowships, and Equal Justice Works/AmeriCorps — JD Program Summer Fellowships • Alternative Spring Break for law students
• Trainings and “boot camps” for law school faculty and students • TVC Clinic-in-a-Footlocker℠ project • Limited grant opportunities to help law schools launch a veterans law clinic • Pro Bono Service opportunities at TVC’s Pop-Up Legal Clinics, our annual TVC Legal Muster℠, and at our weekly TVC Veterans Pro Bono Legal Clinic at the DC VA Medical Center (please see related story in this annual report)
CLINIC-IN-A- FOOTLOCKER
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Our TVC Clinic-in-a-Footlocker℠ project continued to ship a military footlocker of the best veterans law references and resources to our mission partner law school clinical programs. In 2017, footlockers were sent to Duke, North Carolina Central University, Golden Gate University, Penn State, Southern Illinois University, University of Baltimore, University of Denver, University of North Carolina, West Virginia University, and University of South Dakota. To learn more about these programs, please visit our website: www.vetsprobono.org 24 The Veterans Consortium Pro Bono Program 2017 Annual Report
“...we were thrilled to add pop-up legal clinics in the nation’s capital as another set of opportunities for law students to explore public interest law careers and perform their service hours while making a difference in the lives of veterans and their loved ones. — Courtney Smith TVC Director of Volunteer Outreach & Education
2017 AMERICORPS JD INTERN: 2017 DAVID ISBELL INTERN: ANDREW G. BOATRIGHT ANNABELL MCWHERTER There’s only a few stoplights and one Walmart in the small southeastern Georgia town where AmeriCorps JD Intern Andrew Boatright grew up. His house was surrounded by 100 acres of cotton fields and 50 acres of cattle. And the way he saw it, you only had three options after high school: stay, go to college or join the military. Boatright chose to use Georgia’s Hope Scholarship to attend Georgia Southern University. From there he matriculated to Syracuse University College of Law. While looking for a summer internship opportunity, his brother, mentioned The Veterans Consortium, a group he had the opportunity to volunteer with during his time at The Catholic University of America Columbus School of Law. Boatright was too late to apply for a David Isbell Internship, but was able to work at TVC as an AmeriCorps JD Intern. The experience was life changing for Boatright. “Prior to TVC, I was unaware what I wanted to do,” Boatright recalls. “But after I got to TVC, met clients and got to do this work, I fell in love with it and the fact that I can make a career out of veterans’ law. I wouldn’t have had the opportunity without this internship.” Boatright became so involved in one case while working at TVC, that of an exemplary soldier who suffered from Post-Traumatic Stress Disorder (PTSD) and received an Other Than Honorable discharge, that he was able to take the case back with him to the Syracuse Veterans Clinic and continue to work with this veteran. “He’s an amazing man,” Boatright says. Danica Gonzalves, Equal Justice Works Fellow at TVC, says it’s this kind of dedication that shows the great value Boatright provided while at TVC. “Andrew exemplified professionalism, diligence, collegiality and passion in advocating for our veterans,” Gonzalves says.
Taking part in the very first “pop-up” legal clinic at the Washington DC VA Medical Center during her David Isbell internship with The Veterans Consortium is an experience that Annabell McWherter won’t forget. “Just sitting there and listening to the veterans tell their stories, sometimes it was upsetting and sometimes shocking and emotional,” McWherter recalls. “But just being able to talk to them made me happy I went to law school and that I can work with them.” McWherter, 25, calls Fort Campbell, Tennessee home, but growing up in a military family, she moved around to various Army bases in the south. After receiving a bachelor’s degree in political science from the University of Mississippi, McWherter went on to the University of Georgia School of Law. After a summer with a law firm in McLean, Va., she found herself wondering about what was important to her and realizing that she wanted to pursue “something close to my heart.” The following spring, during her second year of law school, McWherter was a judicial intern for the Honorable Mary Schoelen at the U.S. Court of Appeals for Veterans Claims (CAVC). “It all kind of started from there,” McWherter says. Since then, she’s had the opportunity to see many sides of Veterans Law, including the training pro bono attorneys go through before taking on a case through the CAVC’s federal Veterans Pro Bono Program. “Annabelle has her heart in the right place,” says Judy Donegan, TVC’s Director of Litigation & Case Management. “Seeing her at the clinics, you could tell she was in her element. We are so pleased she got that experience and we were glad to have her as part of our program.”
2017 DAVID ISBELL INTERN: BRANDY RYAN Brandy Ryan took a “round-about way” to get to law school and to veterans law. She attended a math/science, publicly-funded boarding school about three hours from her home outside Baton Rouge, Louisiana before studying physics at Reed College in Portland, Oregon. She later changed her major to Political Science, with law school in the back of her mind. After graduating in 2012, Ryan worked for a while for a web development firm, where she realized she wanted “to be able to make more of an immediate difference in people’s lives.” This realization led Ryan to law school and she began taking classes at the University of Michigan Law School in 2016. Once in law school, Ryan, whose grandfather was an Air Force veteran, was drawn to veterans law. “I’ve always felt a sense of duty. I want to serve, but I’m not cut out to be in the military myself,” says Ryan, 27. “I grew up seeing lots of homeless veterans on the street and that affected me more than anything else.” She watched her grandfather suffer from a degenerative, neurological disorder presumptively caused by Agent Orange, a powerful herbicide sprayed on forestry and vegetation during the Vietnam War that has been associated with long-term health problems. His illness and fighting for benefits that connected his illness with his time of service, “added fuel to the fire,” Ryan says. “We were extremely pleased Brandy came all the way from Michigan Law School rather than go home to Louisiana. She could have had her pick of internships, so we are glad she came here,” says Ms. Donegan. “She is enthusiastic and passionate and will bring those qualities wherever she goes.”
The Veterans Consortium Pro Bono Program 2017 Annual Report 25
2017 TVC NATIONAL VOLUNTEER CORPS HONOR ROLL
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Without the commitment of individual attorneys, law firms, corporate legal teams, and academic programs, The Veterans Consortium Pro Bono Program would be hard-pressed to carry out our mission to serve veterans and their loved ones as effectively as we do today. Time and again, the dedicated members of TVC’s National Volunteer Corps℠ have shown a willingness to devote their time, expertise, and resources to this worthy cause – not only as advocates before the Court, but also as strategic advisors, as mentors and guides to our other volunteers, and as generous financial benefactors to The Veterans Consortium. We know from experience that our volunteers join forces with us for the opportunity to put their legal expertise to work for those who have given so much for our country. We thank the many attorneys, mentors, and associated pro bono professionals that have contributed to the success of the federal Veterans Pro Bono Program in 2017. U.S. Court of Appeals for Veterans Claims (CAVC), Federal Veterans Pro Bono Program
CORPORATE PRO BONO Abonar Title Company Gary Silverman (MD) Accenture Mark Merkel (DC) AT&T Corporation Leo Bub (MO) Cindy Malone (TX) ExxonMobil Biomedical Sciences Inc. John Norman (NJ) Financial Integrity Network Louis Laverone (DC) GE Transportation Shawn McClintic (PA) General Electric Kraig Jakobsen (IL) Goldfein Claims Management Sonya Diaz (GA) Pepco Holdings LLC Doug Micheel (DC) Videology, Inc. Daniel Smith (MD) VMware, Inc. Jackie Davis (DC) Danny Edwards (VA) Nicola MacDonald (MD) Jon Mellis (DC) Kay Patterson (VA) Gwen Romack (MD) Zohra Tejani (VA)
GOVERNMENT PRO BONO Office of the Attorney General of the District of Columbia Matthew Meyer (DC) Texas Dept. of Health & Human Services Commission Janet Totter (TX) United States Department of Veterans Affairs James Byrne (DC) Cameron Gore (DC) Kerry Lorund (DC) Reid Nicolosi (DC)
LAW FIRM PRO BONO (AMLAW 200) Akin Gump Strauss Hauer & Feld LLP Richard Cella (TX) Laura Warrick (TX)
Alston & Bird LLP Pamela Councill (GA) Elizabeth Rader (DC) Arnall Golden Gregory LLP Bradford Kelley (DC) Baker Botts LLP Lauren Dreyer (DC) Jennifer Nall (TX) Baker, Donelson, Bearman, Caldwell & Berkowitz Linda Klein (GA) BakerHostetler Margaret Abernathy (DC) Marc Antonetti (DC) Jeffry Duffy (PA) Lesley Grossberg (PA) Lindsay Holmes (DC) Rand McClellan (OH) Michael Stein (OH) George Tzanetopoulos (IL) Robert Weible (OH) Blank Rome Saminaz Akhter (DC) Alex Berman (DC) Phil Beshara (DC) Justin Chiarodo (DC) Stephanie Harden (DC) Aaron Lancaster (DC) Kenneth R. Morrow (DC) Kathy Ochroch (PA) Sean Pribyl (DC) Charles Saber (DC) T. Malcolm Sandilands (DC) Jeffrey K. Sherwood (DC) William Shields (DC) Salvatore Tamburo (DC) Mark Thronson (DC) Bracewell LLP Ryan Eletto (DC) Caitlin Tweed (DC) Brown Rudnick LLP Justin Cunningham (NY) Bryan Cave LLP Adam Shaw (DC) Buckley Sandler LLP Panya Monford (DC) Davis Wright Tremaine LLP K.C. Halm (DC) DLA Piper LLP Patrick Ford (CA) Stephen Gombita (DC)
TVC’s Discharge Upgrade Program℠
Medical/Legal Partnerships
Joshua Kresh (DC) Marianne Tassone (CA)
McCarter & English LLP Jeff Janicke (DC)
Dorsey & Whitney LLP Alex Hontos (MN) Ben Kappelman (MN) Joseph Lynyak III (DC)
McDermott Will & Emery Marshall Jackson Jr. (DC) Jay Reiziss (DC) Christy Vouri-Misso (DC)
Duane Morris LLP Joe Aronica (DC) Valentine Brown (PA) R. Timothy Bryan (DC) Sean Burke (DC) James Cooke (DC) Joseph Ferretti (DC) John Gibson (GA) Kristina Gill (DC) Sheila Hollis (DC) William Keane (DC) Katharyn McGee (PA) Patrick McPherson (DC) Patrick Morand (DC) Lewis Olshin (PA) Kevin Potere (PA) Amir Tabarrok (CA) Christopher Tyson (DC) Tairam Wang (DC)
Milbank, Tweed, Hadley & McCloy LLP William H. Webster (DC) Miles & Stockbridge P.C. Kenneth Misken (VA) O’Melveny & Myers LLP Sara Zdeb (DC) Phelps Dunbar LLP Matthew Greig (LA) Pillsbury Winthrop Shaw Pittman David Patariu (DC) Quarles & Brady LLP Marisa Berlinger (WI) Bryce Loken (WI) Thomas McDonell (IL) Colleen Miller (FL) Elizabeth Moore (FL) Shearman & Sterling LLP David Earnest (DC) Christopher Ryan (DC)
Fish & Richardson Ahmed Davis (DC) W. Peter Guarnieri (DC) Erin Leach (DC)
Sidley Austin LLP James Bieke (DC)
Foley & Lardner LLP Joseph Harper (WI)
Troutman Sanders Dabney Carr (VA)
Gibson, Dunn & Crutcher LLP Mandy Pezzano (TX)
Weil, Gotshal & Manges LLP Jason Wright (TX)
Goodwin Procter LLP Keith Levenberg (DC) John Stull (DC)
Wilson Sonsini Goodrich & Rosati John Lynch (DC)
Greenberg Traurig LLP Danielle Muenzfeld (DC)
LAW FIRM PRO BONO (MID, SMALL, BOUTIQUE, SOLO PRACTITIONERS)
Holland & Knight LLP Deborah Griffin (MA)
Advocacy Works, LLC Justina Ehiawaguan (VA)
Kilpatrick Townsend & Stockton LLP Nicoletta Kennedy (DC)
After Service Advocates Gregory Rada (CO)
King & Spalding Lawrence Slovensky (GA)
Alsup Law, L.L.C. James Alsup (OR) Tracy Alsup (OR)
Knobbe Martens Olsen & Bear Jared Bunker (CA) Mark Davis (CA)
Attig Steel PLLC Chris Attig (AR)
Latham & Watkins LLP Ann Marie Wahls (IL)
Augustus Law Firm LLC Andrea Augustus (LA)
Manatt, Phelps & Phillips LLP Andrew Morrison (NY)
Barbara Burns Harris Esq. PLLC Barbara Harris (DC)
26 The Veterans Consortium Pro Bono Program 2017 Annual Report
Brown & Associates PLLC Moses Brown (DC)
McKool Smith P.C. Benjamin Christoff (DC)
Weylie Centonzio PLLC Javier Centonzio (FL)
Butler Weihmuller Katz Craig LLP W. Douglas Berry (FL)
Meltzer, Lippe, Goldstein & Breitstone LLP Loretta Gastwirth (NY)
Whatley Kallas LLP Henry Quillen (NH)
Carlson Caspers Todd Werner (MN) Dickie, McCamey & Chilcote, PC Joseph Nelson (NC) Eversheds Sutherland LLP Bruce Bettigole (DC) Fortis Law PLC Ashley Gautreau (MI) Goodman Allen Donnelly David Lowenstein (VA) Greene Law Firm Douglas Greene (TX) Grimes Teich Anderson LLP Tod Leaven (NC) Gruppuso Legal Anthony Gruppuso (NJ) Harrity & Harrity LLP Ted Nissly (VA) Haug Partners Sam Desai (NY) Jessica Sblendorio (MA)
Murnane & Donahue LLC Andrew Murnane (DC) National Veterans Benefits Attorneys Brandon Steele (FL) Naylor & Braster John Naylor (NV) Patterson Intellectual Property Law Seth Ogden (TN) Peterson & Fishman PLLP Dennis Peterson (AZ) Phillips & Cohen LLP John Tremblay (DC) Porco Law Christopher Porco (IL) Quintaros, Prieto, Wood & Boyer P.A. Christopher Brown (FL) RatnerPrestia James Kelly (DC)
Hawthorne Merrill Law LLC Jane Merrill (SC)
Resch Law PLLC Jamie Resch (NV)
The Herron Law Firm LLC Jonathan Herron (NJ)
Richard L. Bailey Law Firm Richard Bailey (GA)
The Joyner Law Firm Junius Joyner III (DC)
Riker, Danzig, Scherer, Hyland & Peretti LLP Joshua Carmel (NJ)
Kaleo Legal William Poynter (VA) The Kane Law Firm Steven Kane (CA) Kellogg Hansen Todd Figel & Frederick Thomas Samuels (DC) LaPonzina Law PC Falen LaPonzina (DC) Laurence J. Skelly, Attorney at Law Laurence Skelly (NY) Law Office of Nigel Barrella Nigel Barrella (DC) Law Office of Kimberly Beckett Kim Beckett (TX) Law Offices of Marlon K. A. Bennett Marlon Bennett (FL) Law Offices of Robert R. Davis Robert Davis (NC) The Law Office of Edward M. Farmer Edward Farmer (IL) Law Office of David T. Flanagan David Flanagan (WI) Law Offices of Michael L. Fury Michael Fury (NC) Law Office of Julius M. Giles Julius Giles (TN) The Law Office of Shannon K. Holstein Shannon Holstein (SD) The Law Firm of Douglas G. Jackson Douglas Jackson (FL) Law Office of Thomas J. Kniffen Thomas Kniffen (NY) Law Office of Louise Anne Kroutil Louise Anne Kroutil (MA) Law Office of Joseph Miele Joseph Miele (MA) Law Office of Lori J. Williams PLLC Lori Williams (NC) Law Office of Michael Wolchansky Michael Wolchansky (CA) Lieberman & Mark Jeany Mark (DC) The Litigation Practice of Alexandria LLC Alexis Stackhouse (VA)
Zimberlin Law LLC Russell Zimberlin (CT)
Mendes Law Firm David Mendes (VA)
R.S.M. Law Firm Raza Mahmood (DC) Sanchez Daniels & Hoffman LLP Leo Dombrowski (IL) The Saroyan Law Firm Zaven “Will” Saroyan (CO) Law Office of Michael J. Sepanik Michael Sepanik (LA) Schmitt & Coletta James Coletta (PA) Sczygelski & Pangburn Law Firm LLC Eric Pangburn (WI) Shine Law Firm LLC Lauren Shine (AL) Standley Law Firm P.A. Harrison Standley (FL)
LAW SCHOOL PRO BONO
Tabak Law LLC James Brzezinski (WI) Tate & Latham Alexandra Curran (RI) The Law Office of Henry A. Thompson Henry Thompson (DC) The Law Office of Paul I. Timpone Paul Timpone (TN) Tucker Arensberg Brett Woodburn (PA) Veterans’ Advocates of Michigan PLLC Julia Gieseking (MI) Veteran Esquire Legal Solutions PLLC Jonathan Davis (FL) Veterans Disability Benefits Michelle Wolf (MA) Veterans Law Office of Amy B. Kretkowski PLC Amy Kretkowski (IA) The Veterans Legal Advocacy Group Harold Hoffman (AK) Veterans Rights Law Group PLLC Lorenzo DiSalvo (MI) Chad MacIssac (MI) Sarah MacIssac (MI) West & Dunn Travis West (WI)
Independent Attorneys Lynn Ahlers (MD) Jorge Amieva (NJ) Allison Bauer (DC) David Berg (WI) Kelly Bohne (MD) Sandra Booth (OH) Diana Bradford (TN) Colin Carriere (MD) Katherene Conner (PA) Valerie Daye (MD) Kathy Diener (MD) Virginia Dietrich (DC) Robert Dwyer (FL) Francis Echols (DC) Kellen Galloway (VA) Diane Hester (NY) Martin High (SC) Gina Dines Holness (MA) Robert Jackson (CA) Michael Just (RI) Mitch Kessler (NY) Kenneth Kirkwood (MD) Margaret Krasik (PA) Brian McKeon (DC) Kenneth Murrary (AZ) Catherine Nathan (DC) Burgundy Niles (VA) Alan Nuta (MD) Kathleen O’Mara (MD) Michelle Powers (SC) Judith Proller (CA) Charles Pruett (VA) Stephen Reid (DC) Kathlyne Rog (MD) Mary Royar (KY) Wayne Rustin (CT) Derek Smith (CO) Ryan Smith (VA) Elliot Stanley (DC) Helen Torelli (NJ) Dominick Villa (VA) Lawrence Walders (DC) Samantha Wiggins (MD) Mark Wolfgang (CA) Nebojsa Zlatanovic (NJ) American University Washington College of Law Akua Amaning (DC) Justin Berger (DC) David Fernandez (DC) Jewel Massenburg (DC) Eitan Morris (DC) Kirti Suri (DC) Andrew Thomas (DC) The Catholic University of America Columbus School of Law – Columbus Community Legal Services Laura de la Torre (DC) Gregory Frink (DC) Katherine Heise (DC) Matthew Higginson (DC) Katelyn Holbrook (DC) Erik Lopez (DC) Michael McGonnigal (DC) Eileen Welch (DC) The George Washington University Law School – The Veterans Pro Bono Project Stephanie Berger (DC) Kristin Capes (DC) Kathleen Geyer (DC) Lauren Kim (DC) Joseph Kirkwood (DC) Eliana Levine (DC)
Shih-Han Lin (DC) Robert Mang (DC) Katherine Patterson (DC) Dana Raugh-Kistler (DC) Sierra Tyrrel (DC) Susana Watkins (DC) Georgetown University Law Center Dylan Haversack (DC) Rachel Moore (DC) Nicholas Nalbandian (DC) Kaitlin Puccio (DC) Joshua Spielman (DC) Capriel Stevenson (DC) Michael Webert (DC) Golden Gate University School of Law – Veterans Legal Advocacy Center Daniel Devoy (CA) Hofstra University Maurice A. Deane School of Law – Robert W. Entenmann Veterans Law Clinic Janet Dolgin (NY) Penn State Law – Veterans and Servicemembers Legal Clinic Michele Vollmer (PA) Samford University – Cumberland School of Law John Carroll (AL) Arizona State University – Sandra Day O’Connor College of Law Brandon Chiaravalle (DC) Seton Hall University School of Law – Center for Social Justice Najarian Peters (NJ) Southern Illinois University School of Law – Veterans Legal Assistance Program Martin Parsons (IL) Stetson University College of Law Veterans Advocacy Clinic Ronald “Rocky” Roodhouse (FL) Stacey-Rae Simcox (FL) University of Denver Sturm College of Law – Veterans Advocacy Project Timothy Franklin (CO) The University of the District of Columbia – David A. Clarke School of Law Cynthia Roseberry-Andrews (DC) The University of Michigan Law School Brandy Ryan (DC) Syracuse University College of Law Andrew Boatright (DC) University of Detroit Mercy School of Law – Veterans Law Clinic Margaret Costello (MI) University of Montana Alexander Blewett II School of Law – Veterans Law Clinic Hillary Wandler (MT) University of North Carolina School of Law – Veterans Legal Assistance Project Jessica Marsden (NC) University of Pittsburgh School of Law – Pitt Law Veterans Practicum Jason Manne (PA)
PUBLIC SECTOR PRO BONO Legal Aid of North Carolina Debra Pinkston (NC) Neighborhood Legal Services Program Ashley Graham (DC) Heather Molina (DC) Frank Natale (DC) Vicki Taitano (DC) Paralyzed Veterans of America Jennifer Zajac (CA) Swords to Plowshares Devin Bissman (CA) Rose Goldberg (CA) Vietnam Veterans of America Amanda Bedford (DC)
The Veterans Consortium Pro Bono Program 2017 Annual Report 27
2017 TVC EXECUTIVE BOARD
MARY ANN GILLEECE, ESQ. Chairman & Director (The Private Bar)
GARY M. BUTTER, ESQ. Vice Chairman & Director (Google Inc.)
LEONARD J. SELFON, ESQ., CAE Secretary & Director (Paralyzed Veterans of America)
WILLIAM W. LEVI, CPA, CGMA Treasurer (W. Levi & Associates)
ROY E. SPICER Director (Disabled American Veterans)
WILLIAM S. FOSTER, JR., ESQ. Director (Drinker, Biddle & Reath LLP)
LOUIS J. CELLI, JR. Director (The American Legion)
RONALD B. ABRAMS, ESQ. Director (through Oct 2017) (National Veterans Legal Services Program)
BARTON F. STICHMAN, ESQ. Director (from Oct 2017) (National Veterans Legal Services Program)
HONORING RONALD B. ABRAMS, ESQ. The Executive Board of The Veterans Consortium experienced a transition in 2017, when Executive Board Director, Ronald B. Abrams passed the torch following years of dedicated service to The Veterans Consortium Pro Bono Program and countless veterans. Mr. Abrams joined the Board in 2004 and helped advance TVC’s reputation as a well-respected organization.
“We owe Ron a debt of gratitude for the critical role he played in our growth and success. We thank him for his service to the numerous veterans, families, caregivers and survivors we serve around the world.” — Mary Ann Gilleece, Chairman TVC Executive Board
28 The Veterans Consortium Pro Bono Program 2017 Annual Report
2017 TVC STAFF JIM CARLSEN, ESQ. Director of Program Operations
CLAUDIA DALEY Manager, Client & Stakeholder Outreach
JUDY DONEGAN, ESQ. Director of Litigation & Case Management
ED GLABUS Executive Director
DANICA GONZALVES, ESQ. Equal Justice Works Fellow
HATTIE GRAHAM Program Operations Specialist
LEIGH HILLEBRAND Volunteer Outreach & Education Coordinator
DR. AARON HOITINK Program Operations
MIKE KAIL, ESQ. Director of Program Operations
CATHY KLINGLER, PA Docket Administrator
DAVID MYERS, ESQ. Director of Case Evaluation & Placement
ELIZABETH PESIN, ESQ. Staff Attorney
SANDY PETERSON Manager, Client Services
TAYLOR RAY Client Services Associate
CAROL WILD SCOTT, ESQ. Deputy Director, Case Evaluation & Placement
COURTNEY SMITH, ESQ. Director of Volunteer Outreach & Education
SHANNON STILES Client Services Specialist
SAMANTHA STILTNER, ESQ. Staff Attorney & Program Manager
MAUREEN THOMAS Deputy Director, Client & Stakeholder Outreach
LEONCE WILSON Veterans Law Specialist
The Veterans Consortium Pro Bono Program 2017 Annual Report 29
FINANCIALS STATEMENTS OF FINANCIAL POSITION (UNAUDITED) DECEMBER 31, 2017 ASSETS Cash and cash equivalents Investments Accounts receivable Prepaid expenses
TOTAL ASSETS
$759,128 – 12,500 186,928
$958,556
LIABILITIES AND NET ASSETS LIABILITIES Accounts payable and accrued expenses Accrued salaries and related benefits Deferred grant revenue - LSC Deferred grant revenue - Equal Justice Works Deferred rent liability
TOTAL LIABILITIES NET ASSETS - UNRESTRICTED TOTAL LIABILITIES AND NET ASSETS
$72,085 59,303 358,047 8,333 34,436
532,204 426,352 $958,556
STATEMENT OF ACTIVITIES (UNAUDITED) YEAR ENDED DECEMBER 31, 2017 REVENUE L egal Services Corporation - Veterans Pro Bono Program Silver Anniversary / Pro Bono Program 25th Year Corporate contributions Equal Justice Works grant Donated services Investment income
TOTAL REVENUE
$2,894,005 227,054 29,262 16,667 6,000 225
$3,173,213
EXPENSE PROGRAM SERVICES L egal Services Corporation - Veterans Pro Bono Program Equal Justice Works grant Donated Funds - The Pro Bono Program Total Program Services
$2,935,200 16,667 12,902 2,964,769
SUPPORTING SERVICES Silver Anniversary / Pro Bono Program 25th Year
TOTAL EXPENSE CHANGE IN NET ASSETS Net Assets - beginning of year
NET ASSETS - END OF YEAR
154,358
3,119,127 54,086 372,266
$426,352
SUMMARY OF DONATED FUNDS AND EXPENSES (UNAUDITED) Contributions available as of 12/31/2016
$359,097
Contributions received as of 12/31/2017
243,816
Interest earned 1/1/2016 - 12/31/2017
TOTAL CONTRIBUTIONS/INTEREST
10
$602,923
LESS Expenses Paid from Contributions 1/1/2017 - 12/31/2017
CONTRIBUTIONS AVAILABLE AS OF 12/31/2017
30 The Veterans Consortium Pro Bono Program 2017 Annual Report
$188,291
$414,632
The Veterans Consortium Pro Bono Program 2017 Annual Report 31
The Veterans Consortium Pro Bono Program (TVC) is the leading national 501(c)(3) charity providing free legal services in federal venues for veterans in need.
TVC operates a global federal Veterans Pro Bono Program on behalf of the U.S. Court of Appeals for Veterans Claims to represent veterans unjustly denied benefits or compensation earned from military service. Our TVC National Volunteer Corpsâ„ attorneys also litigate cases that are appealed to the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court. Our TVC Discharge Upgrade Programâ„ represents Veterans before military Discharge Review Boards and Boards of Correction for Military Records.
The Veterans Consortium 2101 L St NW, Suite 420 Washington, DC 20037 @vetsprobono #theyfoughtforus