Spring forward! This is the cry we look forward to annually as days start to noticeably lengthen. I look at it from both a personal and professional perspective of thinking about new ways of tackling challenges with renewed energy to accomplish our goals. 

At TVC, our Equal Justice Works Fellows continue to grow their projects including the Remand Project, the Women Veterans Legal Assistance Program and the Veterans Naturalization Assistance Program. TVC has created a comprehensive presentation of all lines of service to various groups and veterans service organizations. We were particularly pleased to provide a presentation to over 200 NACVSO members last week. This long-standing partnership allows us to have an impact on their service to veterans. We're grateful for the relationship and thank them for their dedication.

Lastly, Director of Strategic Operations, Mike Kail, is stepping down from TVC in a “second retirement” after having served five years with the organization. Mike had a distinguished career with Steptoe & Johnson LLP, retiring as Vice Chairman of the firm. In 2016, he began volunteering with TVC as a Senior Fellow. Mike graciously took on the role of Co-Director of Operations during the Executive Director search in 2019.

Mike has been invaluable to the organization, particularly in developing a strategic vision. He has been a trusted mentor to me over the past 15 months and I wish him “fair winds and following seas” with his many interests and most importantly, with his family.

In observance of National Vietnam War Veterans Day on 29 March, and as the son of an Air Force Vietnam combat veteran, I salute the dedicated service of the men and women that were engaged in that war, as well as the sacrifices of the families that supported their service members. They all deserve our national respect and admiration.

Court Docket No. 16-1537

December 20, 2020 Decision

In Thun v. Peake, the Court created a general standard for determining whether a veteran’s disability is exceptional or unusual under § 3.321(b)(1) to warrant extraschedular consideration. 22 Vet. App. 111, 115 (2008). In Long, the Court recharacterized the Thun first-step analysis as a holistic approach with a broad “totality of the factors inquiry” and not a mechanical formula. The majority stated that “this . . . requires a reasoned assessment of both the veteran’s full disability picture and the capacity of the rating schedule to evaluate such.” The Court said that functional impairments/symptoms serve as the operative focus of Thun step one, and that functional effects are relevant to step two, which examines whether there is marked interference with employment and frequent periods of hospitalization. The dissent noted that this revised two-step analysis detracts from the majority’s desire to take a holistic approach.

In this case, Mr. Long argued that the Diagnostic Criteria (DC) for hearing loss did not fully consider his symptoms. The Court first found that his complaints about not being able to hear people at work sometimes and issues with speech discrimination are clearly contemplated by the rating criteria. Doucette v. Shulkin. 28 Vet. App. 366, 368 (2017) (holding that symptoms related to decreased hearing are contemplated by the DC). Regarding his self-esteem and personal satisfaction issues, as well as anxiety and depression, the Court stated that a valid diagnosis is required to warrant compensation in the first instance. The Court cited a recent case, Martinez-Bodon v. Wilkie, 32 Vet. App. 393, 404 (2020), for the assertion that a valid DSM-5 diagnosis is required to compensate a psychiatric disability. For Mr. Long’s ear pain, the Court found a lack of nexus between the pain and hearing loss, since Mr. Long attributed the pain to his use of hearing aids, not hearing loss. The Board decision was thus affirmed because Mr. Long’s symptomatology was not exceptional and was readily capable of evaluation under the applicable DC.

Unfortunately, her military career was cut short and she was ultimately discharged for medical reasons in November 2001. Amanda returned to Texas and attended the University of Houston (UH) earning both a Bachelor of Science degree and a Master of Arts degree in psychology.

She attended the American University Washington College of Law (WCL), where her mentor, Professor Andrew Popper, a Marine Corps veteran, encouraged her to take courses in Federal Regulatory Processes, Government Liability, Administrative Law, and Veterans Affairs. Upon receiving her Law Degree, Amanda joined the team at Vietnam Veterans of America (VVA) as a staff attorney and began her career representing Veterans.

During her time at VVA, Amanda volunteered with TVC, representing Veterans before the U.S. Court of Appeals for Veterans Claims. Amanda enjoyed the Court aspect of representation and decided to start her own solo practice as a veterans benefits attorney, helping veterans receive service-connection benefits.

However, when Amanda was hired as a Board of Veterans Affairs (BVA) attorney, she had to put her solo practice on hold. At the BVA she was able to learn a great deal about how judges make judicial determinations, which has proved very useful. Amanda left the Board when her husband’s job moved them to Stuttgart, Germany. While in Germany, Amanda took up her solo practice once again.

This month marks the one-year anniversary of TVC’s Women Veterans Legal Advice and Referral Clinic. Working closely with the leadership of the DC VA Medical Center’s Women’s Health Center, our Mission Partners at Duane Morris LLP, and the General Counsel of the Department of Veterans Affairs, we launched the clinic on March 10, 2020 as part of a Medical Legal Partnership with the DC VA Medical Center.

In September 2020, TVC was awarded an Equal Justice Works Fellowship to build out the Women Veteran’s Legal Assistance Program. This two-year fellowship, staffed by Chesley Roberts and sponsored by Lockheed Martin, has been invaluable for the necessary outreach to grow the clinic program. There has been a significant increase in interest from women veterans due to Chesley’s efforts. In addition to managing and growing the clinic’s impact, Chesley is focusing on Military Sexual Trauma cases and creating cultural competency training.

"I want to thank Lockheed Martin for their generous support of the Women Veterans Legal Assistance Program. Because of this project, we’ve been able to build capacity and provide assistance to over 120 women veterans. I want to thank all the volunteers, including Lockheed Martin attorneys, for giving their time and talent to this important initiative."

Our Women Veterans Legal Advice and Referral Clinic is held the 2^nd and 4^th Tuesday of each month from 10:00 am – 2:00 pm. For more information about this clinic, or to volunteer, please reach out to Chesley Roberts at chesley.roberts@vetsprobono.org.

The Service Women's Action Network (SWAN) hosted a fireside chat to highlight the unique challenges black service women face during military service on February 25th.

Lanita Morgan, US Navy Veteran, attorney and TVC Executive Board Director, discussed military racial disparities in the law and the unique challenges for black servicewomen with SWAN CEO, Deshauna Barber.

TVC was happy to present an overview of our services to over 200 members of the National Association of County Veterans Service Officers (NACVSO) and to offer our support in their efforts to assist veterans and their family members. 

We'd like to thank Herm Breuer, President of NACVSO, for collaborating with us on this presentation.

Samanta Martinez-Villarreal joined The Veterans Consortium in March 2021 as a Staff Attorney. Sam analyzes incoming cases for potential placement with volunteer attorneys and reviews discharge upgrade cases. She recently passed the California Bar and is awaiting results for the Uniform Bar Exam.

Sam is a George Mason University's Antonin Scalia Law School alum and was a visiting student at the University of San Diego Law School. She graduated with a B.A. in Law & Constitutional Studies and minored in International Studies at Utah State University. While at George Mason, Sam was an active member and President of the Latinx-American Law Students Association, a member of the Civil Rights Law Journal, and received the GMU Law School Pro Bono Award. Sam was also a Student Advisor in the Immigration Litigation Clinic, interned for Judge John M. Tran of the Fairfax County Circuit Court and the Counsel for the Commandant of the Marine Corps. Prior to law school, Sam interned on Capitol Hill with Congressman Simpson who represents her home state of Idaho.

Sam is a military spouse and currently lives in California where her husband is stationed. Sam is an active member of the Military Spouse J.D. Network (MSJDN) and served on the MSJDN Law Student Committee. 

On March 29, our Nation will commemorate National Vietnam War Veterans Day on its 50th anniversary. There are several virtual events, live webcasts and the 2021 traveling wall schedule posted to help us remember and respect the nine million American men and women – more than six million of whom are living today. Please take a moment to honor and thank them for their service by attending a virtual event our taking a moment to listen to their stories.

On March 12, Equal Justice Works Fellow, sponsored by Northrop Grumman and Covington & Burling LLP, Nicqelle Godfrey, was sworn in as an attorney with the State Bar of California. Nicqelle has been an EJW Fellow at TVC since October 2020, where she heads our Veterans Naturalization Assistance Program.