25 April 2019 Greetings! In This Issue:
New Developments in Veterans Law TVC Volunteer & Mission Partner Appreciation Reception TVC Volunteer Inspiring Pro BonoSM (VIP) - Justus Getty Executive Director's Corner Notable News - Now Including Available Pro Bono CAVC Cases
New Developments in Veterans Law Judy Donegan, TVC Director of Litigation & Case Management During a February hearing before a House Appropriations Subcommittee, VA Secretary, Robert L. Wilkie, acknowledged a recent holding from the United States Court of Appeals for the Federal Circuit overturning a 2008 decision precluding “Blue Water Navy” veterans from the presumption of exposure to herbicides. He also acknowledged recent legislation from the 115th Congress proposing to extend the presumption of herbicide exposure to all veterans who served on ships in the territorial seas of the Republic of Vietnam. He told the Subcommittee that VA did not support the legislation because “there is insufficient factual evidence that [those veterans] were exposed to Agent Orange and insufficient scientific evidence of associated long-term health effects.” CLICK HERE TO READ
Secretary Wilkie also informed the Subcommittee that the Veterans Benefits Administration does not have sufficient resources and infrastructure to process the projected volume of additional Blue Water Navy claims and the existing inventory and backlog of rating claims while maintaining current timeliness standards. VA estimates the cost of this type of proposed legislation would approach $7 billion over 10 years.
TVC Volunteer & Mission Partner Appreciation Reception Thank you to our guests who attended the TVC Volunteer & Mission Partner reception on Tuesday 9 April. We gathered on Capitol Hill during National Volunteer Week for an inspiring evening recognizing volunteers who have gone above and beyond the call of duty serving veterans. We honored volunteers who have represented veterans before the U.S. Cour t of Appeals for Veterans Claims through the federal Veterans Pro Bono Program, before federal militar y boards through our TVC Discharge Upgrade Program, and locally through our weekly TVC Veterans Pro Bono Legal Clinic as par t of our Medical-Legal Partnership with the DC VA Medical Center.
TVC Volunteer & Mission Partner Appreciation Reception Photos Congresswoman Debbie Wasserman Schultz makes opening remarks
Congresswoman Wasserman Schultz, Chairwoman, House Appropriations Committee, Subcommittee on Military Construction, Veterans Affairs and Related Agencies
Recognition of Jon Hollis, Partner, Loeb & Loeb TVC National Volunteer Corps℠ (CAVC Case) Founder, Commandos to Counselors
(l to r) Rick Spataro (NVLSP), Congresswoman Debbie Wasserman Schultz, Mary Ann Gilleece (Chairman, TVC Executive Board), Jon Hollis, Courtney Smith (TVC) & Judy Donegan (TVC)
Recognition of David R. Bean, Associate, Squire Patton Boggs TVC National Volunteer Corps℠ (Discharge Upgrade Case)
(l to r) David Bean & Danica Gonzalves (TVC)
Recognition of Students Kelly Cournoyer and Courtney Lutz George Washington Law School (Discharge Upgrade Case)
(l to r) Mary Ann Gilleece, Kelly Cournoyer, Courtney Lutz & Danica Gonzalves
Recognition of Kerry Loring, Office of the General Counsel, Department of Veterans Affairs (TVC Veterans Pro Bono Legal Clinic Volunteer)
(l to r) Richard Hipolit (OCG VA), Mary Ann Gilleece, James Byrne (Acting Deputy Secretary VA), Kerry Loring & Samantha Stiltner (TVC)
Recognition of Elsie M oore, former Program M anager, Transition and Care M anagement Center (DC VAMC)
(l to r) Mary Ann Gilleece, James Byrne, Elsie Moore & Samantha Stiltner
Recognition of Ed Glabus, Outgoing TVC Executive Director
(l to r) Chief Judge Robert N. Davis (U. S. Court of Appeals for Veterans Claims) & Ed Glabus (former TVC Executive Director)
(l to r) Jim Carlsen (TVC Executive Director), Chief Judge Robert N. Davis & Ed Glabus
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TVC Volunteer Inspiring Pro Bono (VIP) SM
Justus Getty, Esq.
TVC National Volunteer CorpsSM Duane Morris LLP
Meeting veterans to quickly provide recommendations and referrals for a legal issue is Justus Getty’s favorite volunteer work with The Veterans Consortium. While Getty also enjoys taking cases that will help veterans restore the benefits they deserve, there’s something special about those few minutes at TVC's Veterans Pro Bono Legal Clinic. “It’s a quick sit down to help someone work through a legal problem,” Getty says of TVC's Veterans Pro Bono Legal Clinic, which is offered every Friday at the Washington DC VA Medical Center. Getty’s law firm, Duane Morris LLP, staffs the clinic two Fridays a month. “I think I was at the very first clinic. I enjoy staffing those clinics and get over there as much as I can.” During TVC's Veterans Pro Bono Legal Clinics, volunteer attorney and student teams meet with veterans, conduct triage of their stated needs, offer limited legal information, and provide referral resources. Getty also lends his time to the yearly TVC Legal Muster Day, which takes place simultaneously at multiple locations in DC, and at TVC's legal clinic during the annual Winterhaven Homeless Veterans Stand Down at the DC VAMC. For his dedication to serving veterans, and especially for donating so much time, energy and expertise in guiding veterans at TVC's Veterans Pro Bono Legal Clinic, Getty has been selected as TVC's Volunteer Inspiring Pro Bono (VIP) for April 2019. “Justus is a huge presence at our TVC Veterans Pro Bono Legal Clinic at the DC VAMC in particular,” says Samantha Stiltner, TVC Staff Attorney and Clinic Program Manager. “It seems like he is always there pitching in to help us get through the packed docket of veterans signed up to meet with an attorney. He’s understanding, compassionate, intuitive and such a great asset.”
Getty, a former nuclear engineer with the U.S. Navy, practices intellectual property law focusing on energy, renewable energy and other green technologies. He is also an adjunct professor at his alma mater, Georgetown Law, where he teaches a class he created called, “Intellectual Property for Start-Ups.” Getty grew up north of Baltimore, graduated from the U.S. Naval Academy and worked as a Naval officer for seven years. He attended the Navy’s nuclear power school and worked on the nuclear reactor aboard the USS Nimitz. His final tour was at the Pentagon, where he helped manage all of the Navy’s nuclear engineers and attended law school at night. Prior to completing his law degree, Getty worked as a patent agent at Duane Morris. Getty says working with TVC has helped broaden his horizons of understanding the law. “I enjoy meeting the people and helping them with complicated legal cases,” says Getty, 36. “Regardless of the age of the veteran, I feel like I’m helping my friends and colleagues from the service. It’s a rewarding feeling to give back to the veteran community and I see such demand out there for legal assistance.” One Navy veteran, who sought to recover unpaid wages from a former employer, met Duane Morris attorneys at a clinic. After attempts to negotiate with the employer failed, Getty filed a civil lawsuit on behalf of the veteran. The case is ongoing. Getty also currently represents a Vietnam-era Army veteran in a disability claim to the VA. Getty took the case, as a TVC Volunteer, when it was on appeal from the U.S. Court of Appeals for Veterans Claims (CAVC). It was remanded back to the Board of Veterans Appeals (BVA) when “the VA conceded that evidence they relied on to refuse his claim was inadequate,” Getty says. “It’s a big win for us to get the VA to concede that. We’re expecting a decision any day now.” Getty, who lives in Rockville, MD, with his wife and two daughters (ages 8 and 4), enjoys coaching their soccer teams in his free time.
Executive Director's Corner Earlier this month, we celebrated National Volunteer Week with our TVC Volunteer and Mission Partner Reception on Capitol Hill. We were honored to have Congresswoman Debbie Wasserman Schultz host and participate in the event. Acting Deputy Secretar y James Byrne and Chief Judge Robert N. Davis also attended and made remarks. We were pleased to have such distinguished representation from the government and the Court, and are grateful for their continued support of the Pro Bono Program. We also recognized outstanding members of our TVC National Volunteer CorpsSM and Mission Partners for their excellent efforts supporting Veterans, their families, caregivers and survivors. The evening was a perfect setting to bid farewell to Ed Glabus. During his four years as TVC’s Executive Director, Ed played a critical role in the development and success of the organization. He will be missed for his inspirational leadership and tireless hours worked on behalf of veterans. We wish him the best of luck in his next endeavor. As many of you know, I’ve been with TVC for several years as a Senior Fellow and Director of Operations. In my new role as Executive Director, I look forward to leading TVC and its dedicated staff toward even greater impact on the lives of our nation's defenders, growing our TVC National Volunteer Corps and strengthening alignment with our Mission Partners. Finally, I'd like to say thank to our Volunteers. Each month in our Volunteer Inspiring Pro Bono (VIP) section, we highlight one member of our amazing TVC National Volunteer Corps who works with us. But there are countless others willing to donate their quality legal talents, so I want to take this opportunity to salute ALL our Volunteers. We are grateful to have them as members of our team fighting for justice. Jim Carlsen Executive Director
NOTABLE NEWS TVC Staff Attorney Selected for Promotion On April 22, 2019, Secretar y of the Navy, Richard V. Spencer, announced the promotion list of the Unrestricted Reserve Officers on the Reserve ActiveStatus list of the Marine Corps selected for promotion to the grade of Major. We are very pleased to announce that TVC Staff Attorney, Ty Collier, was selected for promotion to the rank of Major in the U.S. Marine Corps Forces Reserve. Bravo Zulu, Ty!
UPCOMING TRAINING INFORMATION 16 MAY 2019 SEATTLE, WA Appellate Advocacy before the U. S. Court of Appeals for Veterans Claims 16 May 2019 9:00 AM – 4:00 PM Foster Pepper PLLC 1111 Third Avenue Seattle, WA 98101 9AM – 4PM REGISTER HERE
Available Pro Bono CAVC Cases for our current TVC National Volunteer Corps
9 JULY 2019 AUSTIN, TX
SM
Click below to view our list of Available Pro Bono Cases in need of representation by a volunteer attorney. *Note: you must be a current volunteer who has taken our training and has been approved as a member on our website in order to log in and view the available cases. CLICK HERE
For assistance, email volunteer@vetsprobono.org
National Vietnam War Veterans Day In honor of National Vietnam War Veterans Day, The Veterans Consortium participated in two Vietnam veterans outreach events: the Hospice of the Chesapeake Welcome Home Vietnam Veterans Day celebration on 29 March and Gilchrist Hospice Care Welcome Home Vietnam Veterans Day on 30 March. Every year we participate in several events to honor our Vietnam veterans.
Appellate Advocacy before the U. S. Court of Appeals for Veterans Claims 9 July 2019 9:00 AM – 4:00 PM Fareground, One Eleven Conference Center Plaza Level 111 Congress Avenue Austin, TX 78701 9AM – 4PM REGISTRATION WILL OPEN 20 MAY 2019
9 JULY 2019 For AUSTIN, more informationTX contact: Volunteer Outreach & Education at volunteer@vetsprobono.org
TVC EXTERNSHIP OPPORTUNITIES! TVC is seeking an extern to help us win federal appeals cases for our clients. This includes helping with militar y discharge upgrades ("bad paper" discharges) and assisting with determination of final outcomes of client cases. Externs will receive academic credit. The extern will support full-time
(l to r) TVC's Director of Program Development, Dave Myers, and the Maryland Department of Veterans Affairs Secretary George Owings, III at the Hospice of the Chesapeake's Welcome Home Vietnam Veterans Day celebration.
staff attorneys, volunteer attorneys, and clients who appeal to, or receive a remand from the U.S. Court of Appeals for Veterans Claims, the Federal Circuit, and the Supreme Court. The selected extern will assist in the full lifecycle of case management, from intake to research and strategy, to Court mandate and follow-up, to determine real-world results and impact. Although any student may apply, we give priority to rising 3L students. We are open to externships that count for either one course per semester, or two courses per semester, depending on your law school's current arrangements and preference. Please address the following questions in your cover letter:
Why do you want to work in the area of veterans law? What is your motivation to work with veterans and their families, caregivers, or survivors? What sets you apart from other candidates?
(l to r) Dave Myers and a Vietnam Veteran at the Gilchrist Hospice Care Welcome Home Vietnam Veterans Day celebration.
SUBMIT A COVER LETTER AND RESUME detailing your interest and motivation to Courtney Smith, Courtney.Smith@vetsprobono.org. You may also contact Courtney for answers to questions or additional information.
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