March 2023

PROGRAM SPOTLIGHT

NVLSP BURN PITS CLAIMS ASSISTANCE PROGRAM & PACT ACT RESOURCES

Since the passage of the PACT Act, NVLSP’s Burn Pits Claims Assistance Program has been focused on assisting veterans who were previously denied service connection for a burn-pit-related condition that is not presumptively service-connected under the PACT Act, including sleep apnea, GERD, and gastrointestinal issues. NVLSP will also consider applicants whose claims for a PACT Act condition were denied after passage of the PACT Act on August 10, 2022, despite the fact that the new law requires their condition be presumptively service connected. Interested veterans are encouraged to go to NVLSP’s Burn Pits CAP intake page, where they can access an intake form and apply for free representation.

NVLSP created two self-help guides on the PACT ACT to help veterans who are filing initial claims and those veterans who have been previously denied for a condition that is now presumptively covered under the PACT Act. 

NVLSP also produced a Camp Lejeune Justice Act of 2022 FAQ, for those veterans who would like additional information on this legislation. 

The PACT Act’s designation of presumptive conditions may enable some retired veterans to obtain Combat-Related Special Compensation (CRSC). NVLSP accepts applications for assistance with CRSC initial applications and appeals of denials here. NVLSP has also prepared an FAQ document on CRSC based on the PACT Act which can be found here.

Lawyers Serving Warriors®, NVLSP’s Pro Bono Program, has launched the first TSGLI pro bono assistance program in the country. If you were traumatically injured while serving in the military, you may be eligible for TSGLI benefits. You can go here for more information. 

VA Admits NVLSP Nehmer Class Action Required Payment of Over $201 Million in Retroactive Benefits to More Than 6,900 Blue Water Navy Vietnam Veterans and Their Survivors in 2021-2022

Pro Bono Assistance Paul Hastings

As a result of the November 5, 2020 Order of the U.S. District Court for the Northern District of California, the U.S. Department of Veterans Affairs (VA) recently reported to the National Veterans Legal Services Program’s (NVLSP) that since 2021, it had paid nearly $201 million in retroactive benefits to 6,922 Blue Water Navy Vietnam Veterans and their survivors. The VA status reports documenting these payments were required by the District Court Order to enforce the 32-year-old Consent Decree secured by NVLSP as class counsel in Nehmer v. U.S. Department of Veterans Administration (VA). NVLSP’s efforts were assisted by pro bono counsel Paul Hastings LLP. Read the full release here.

Federal Circuit Invalidates Denial of Liberal Consideration for Medical Retirement Application of Vietnam Era Navy Veteran

-Court holds liberal consideration statute and guidance apply to veterans seeking relief based on Post-Traumatic Stress Disorder-

Pro Bono Assistance Latham Watkins

On January 25, 2023, the United States Court of Appeals for the Federal Circuit ruled in favor of Robert Doyon, a Vietnam era Navy veteran suffering from Post-Traumatic Stress Disorder (“PTSD”) who was wrongfully denied military medical retirement. Significantly, this holding requires every Board for Correction of Military Records to apply liberal consideration to applications, like Mr. Doyon’s, that seek a medical retirement for PTSD. Read the full release here.

NVLSP announced the release of the 2022-2023 edition of its historic Veterans Benefits Manual. This year’s edition also includes a special supplement on the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022, a comprehensive bill which addresses a wide range of issues relevant to veterans exposed to toxic substances during their service. The PACT Act supplement is expected to ship in February 2023.

Learn more about the 2022-2023 updates to the Veterans Benefits Manual. To order your copy, please visit here. 

Rochelle Bobroff, Director of Lawyers Serving Warriors®, the Pro Bono Program of the National Veterans Legal Services Program (NVLSP) and Senior Staff Attorney Esther Leibfarth co-authored an article for Attorney At Law on the Doyon case. 

NVLSP Senior Staff Attorney Esther Leibfarth was quoted on the significance of the Doyon case and the issue of liberal consideration for veterans in Connecting Vets and KNSS-AM.

NVLSP Co-Founder and Special Counsel Bart Stichman shared his insights with Michael Gooding of WVEC regarding the recent report that NVLSP’s Nehmer class action forced the VA to pay over $201 million in retroactive benefits to more than 6,900 Blue Water Navy Vietnam veterans and their survivors in 2021-2022 . The announcement was also covered in Stars And Stripes.

NVLSP blog post on the PACT Act for LexisNexis Legal Insights, features thought leadership, author insights, and legal analysis across the legal industry. Read post here.

­­­­­­­­­­­­­­­­­­­­This year NVLSP continues its dedication to veteran law education by growing its webinar schedule in an effort to educate more veterans advocates on strategies for securing disability benefits for their clients. Experienced NVLSP attorneys will lead discussions on the following topics: 

• Understanding Combat-Related Special Compensation (CRSC) and Concurrent Retirement and Disability Pay (CRDP) (March 28-30)



• Recent Court Decisions Veterans Advocates Need to Know About (April 25-26)

NVLSP also has a comprehensive library of over 20 previously recorded webinars that are available at your convenience. 

NVLSP's Training & Publications program also offers: in-person training, the Online Basic Training Course, the Veterans Benefits Manual, and the VA Benefit Identifier App.

NVLSP has recently updated our VA Benefit Identifier App which is available on NVLSP’s website, Apple Store, or Google Play Store.

New updates include:

• Help you identify if you are eligible for benefits due to Particulate Matter Exposure from military service in SW Asia Theater of Operations, Afghanistan, Uzbekistan, Syria, and Djibouti.
• Help you determine if you are eligible for service connection benefits for one of the three 3 new presumptive disabilities related to Agent Orange Exposure.

Updates have been made in both the English and Spanish versions of the App.

We hope this newsletter inspires you to become more active with NVLSP. If you want to help NVLSP do more for our veterans, here are a few suggestions.

1. You can follow us on Twitter, connect with us on LinkedIn, and like us on Facebook.
2. Help us promote our free App for veterans.
3. Tell a friend about NVLSP.

We look forward to connecting with you again soon!