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Legal Justice

June 06, 2008

NYC's Urban Justice Center Offers Returning Veterans Legal Aid and Advocacy

Scales of Justice The Veterans and Servicemembers Project of New York City's Urban Justice Center, linked here, offers, in their own words, "legal services and advocacy to a population often abandoned by the very system of government they defend in battle. Drawn increasingly from the poorest and most vulnerable communities in the country, past and present military personnel contend with poorly regulated recruiting tactics, unsafe working conditions, and an antiquated and overloaded disability benefits process. Often unaware of their rights and wary of challenging authority, they face especially daunting barriers to necessary assistance."

Furthermore, "At an individual level, the Veterans and Servicemembers Project provides legal training and representation on matters ranging from veterans disability claims to service discharge applications. The project also pursues systemic reform through litigation and advocacy in such areas as recruiting irregularities, workplace harassment, and inefficiency and abuse in the benefits application process. With the active collaboration of existing service organizations, it aims to provide comprehensive education and support for a population that, in a time of mounting war, promises only increase in size and collective need." 

Editor's Note: To learn more about this program, read the excellent article by Thomas Adcock, called, "Returning from War," originally published in the New York Law Journal, on February 22, and linked here.  If you're a lawyer who'd like to participate pro bono in helping veterans, click this link

June 01, 2008

Legal Services for Veterans and Their Families

In the legal world, the term "legal services" has come to mean attorneys offering services to those who can't afford to pay the ordinary full rate, because of a specific financial hardship.  Lawyers might service "pro bono" (from the Latin, meaning "for the public good") or at a lower fee than they usually charge, in order that more deserving clients whose financial conditions would otherwise preclude them from getting legal representation might get some timely help.  Harvard Law School, among others, under the visionary leadership of Dean Elena Kagan, has put a strong emphasis on the need for law students to spend some time during their training doing public interest law, or otherwise contributing their time to those less fortunate, and has made this a requirement for graduates since 2002 (click here to learn more about that program, or here to learn about Harvard Law School's commitment to public service). 

In the lawyers and veterans world, there's a specific organization devoted to providing legal services to needy veterans.  It's called the National Veterans Legal Services Program, or NVLSP, and it's been around for more than 25 years. (To learn more about the National Veterans Legal Services Program, click here.)

According to its website, the NVLSP is an independent, non-profit, nonpartisan organization that has helped veterans and their families with legal advice and representation for the last 25 years.  It's dedicated to ensuring that the U.S. government honors its commitment to our veterans by providing them the federal benefits they have earned through their service to our country. NVLSP accomplishes its mission by:

  • Providing veterans organizations, service officers and attorneys with training and educational publications to enable them to help veterans and their dependents obtain all of the benefits
    that they deserve; and
     
  • Representing veterans and their dependents who are seeking benefits before the U.S. Department of Veterans Affairs and in court.
  • It trains veterans advocates, both lawyers and non-lawyers - in classroom trainings and through correspondence courses.  For more information about its advocacy training, click here.  It also encourages practicing attorneys to represent veterans on a pro bono basis (i.e., for the public good.)  For more information about the pro bono need for lawyers, click here.

    The National Veterans Legal Services Program (NVLSP) has published a manual, called "Veteran Benefits Manual, 2007," linked here. The authors are Barton F. Stichman, Co-Director of and lead litigator for NVLSP, who has earned over $100 million in VA benefits for his clients over the last 27 years, and Ronald B. Abrams, Co-Director of NVLSP and a 17-year VA insider. Over the past 16 years he has trained thousands of veterans’ advocates.

    Editor's Note: If you're a Harvard Law School alumnus or alumna, consider contacting Dean Elena Kagan and encouraging her to institute a program offering pro bono services geared towards veterans and their families.  HLS has a number of fantastic legal services offerings and programs, but as of this writing, none directed specifically towards veterans, who clearly need and could use the help -- and alumni comments make a difference.  The Dean's Office address is Harvard Law School, Griswold 200, 1525 Massachusetts Avenue, Cambridge, MA 02138.  Tel.: (617) 495-4601.

    Also, if you're an attorney who has developed a specialty representing veterans, or better yet, does the same pro bono, and would like to have your services listed, please contact us to be listed in a forthcoming directory.  Thank you.

    March 27, 2008

    Behind the Bloodshed, Some Backstory

    Era_murder_pic_4Another day, another lurid headline.  A Marine Lance Corporal in Texas, recently returned from three back-to-back tours of duty in Iraq, and allegedly suffering from PTSD, breaks into his former girlfriend's home, stabs her to death and then waits, "covered with blood and looking dazed," in the parking lot for police to arrive and arrest him.  On the surface, another brutal domestic violence story, with a very tragic ending.  Behind the headlines, though, more questions than answers about troops' after-care, and whether ethnicity (the Marine in question is Hispanic) plays or ought to play a part in how PTSD is diagnosed and treated.

    First, some facts.  Marine Lance Corporal Eric R. Acevedo, 22, was arrested over the weekend for allegedly murdering his former live-in girlfriend, in Saginaw, Texas, a suburb of Fort Worth.  The Fort Worth Star-Telegram has been covering the story, and it's typically gruesome, but it's also a tragedy for all concerned. The victim, who was a single mother; the alleged perpetrator, who will likely do substantial prison time; and both people's families -- the 10 year old girl who now grows up motherless, as well as Acevedo's family, who believed he was struggling with PTSD, but was sent back to Iraq.

    There are several items that stand out immediately from this story.  One is the obvious: three tours in Iraq by the Era_before_and_after_combined time you're 22?  Wow.  That's a lot of compressed heavy living right there, at a very young age.  (Acevedo joined the Marines just a few days after graduating from high school.)  Another is obvious from the photos that run with the story.  There's one of Acevedo in his dress blues, looking fit and tanned and what they call in language of the personal ads, "height-weight proportional."  Then there's his booking photo, where he looks, oh, about 44, not 22, and seems heavy, puffy and bloated.  It doesn't even look like the same person.

    Then there are the comments from his family, which underscore that to them, Acevedo wasn't the same person anymore.  (Granted, those have to be taken with a grain of salt, because, after all, they're coming his family.  But still, listen to what they have to say.)  The following quotes are from the Star-Telegram.  His aunt: "I know he was a good soldier. I just don't know what happened. When he went in, he was so proud. When he came out, he had so many problems. I don't know what happened to him."  His dad, who feels that his son has never been the same since his second tour of duty in Iraq: "I gave him to the government nice and healthy, and the government returned somebody who is capable of doing something like that...I'm out of words as far as to just how sorry I am."

    ---

    In the Marine Corps, Lance Corporal Acevedo did three tours of Iraq over four years' time, returning for the last time 13 months ago, and leaving active service to go into the Individual Ready Reserve.  According to a Marine spokesman quoted in the article, Acevedo had been stationed at Twentynine Palms, California, "and was deployed for about seven months in 2004 and again in 2005-06, and for six months in 2006-07." The Marine spokesman says Acevedo was "a good Marine," and received various medals for his service, including the Marine Corps Good Conduct Medal, Navy and Marine Corps Achievement Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, National Defense Medal and Combat Action Ribbon.

    But according to at least his parents, something drastic happened to Acevedo between his second and his third tour of duty.  Says his father, "I was very proud of him. He served well over there. He never complained.  But when he did this last tour, he was feeling kind of like he didn't really want to go because of the nightmares and stuff he had had from the second time. My wife tried to stop it over medical issues. They still sent him off."

    ---

    Because it's always worthwhile to find out if there's any backstory worth knowing, I did a little digging. Eric_acevedo  What had Acevedo experienced that might have caused the change in his behavior?  Deep within the archives of the Marine Corps' own website, there's a wonderful, even iconic photo of a grieving Lance Cpl. Acevedo, grasping someone who's identified only as a young relative in an emotion-filled hug.  The occasion is a memorial service to commemorate the 13 lives lost by Acevedo's battalion, 10 of them on a single day in Fallujah, making that one of the largest losses of American life in the Iraq War.  Acevedo served on that tour with the 2nd Battalion, 7th Marine regiment, also known as "the War Dogs."  On December 1, 2005, ten of his brother Marines died in an IED blast while out on patrol.  While all lives lost are precious, and close-knit groups like the Marines feel every loss deeply -- one wonders, is it harder to endure large losses at once, than multiple losses, individually?  Has this even been studied?  (Seemingly not.)  One thing is sure: studies show that the more traumatic incidents a person is exposed to, the greater the likelihood that they will develop PTSD.

    ---

    From what his father says, reported by the Fort Worth paper, Lance Cpl. Eric Acevedo wasn't coping so well anymore.  Six months ago, a military doctor "diagnosed his son with post-traumatic stress disorder and placed him on medication that seemed to calm him down."  But there's some dispute about whether those facts were strictly true. The paper also reports that, according to records kept by the Dept. of Veterans Affairs, Acevedo had "not enrolled enrolled in the VA North Texas Health Care System or applied for any VA benefits."  So time will tell which of these stories are true.  But one thing is certain: If Acevedo really did have diagnosed PTSD, at the end of his second tour (after the Fallujah incident), it wasn't a good idea to send him back so quickly for a third deployment, if at all.

    And then there are other implications.  The multiple tours and long deployments, with insufficient breaks in between tours, all recent news reports indicate, seem to be wearing troops out, not just the Marines.  (See discussion in today's Military Times.)  Even the Dept. of Veterans Affair's own data shows that when it comes to PTSD (this data is based on Vietnam veterans), "higher levels of war-zone exposure tend... to contribute to a higher degree of symptoms."  (Longer tours and more of them certainly constitute higher levels of war-zone exposure.) 

    In addition, the same study showed that "race/ethnicity appeared to be an important risk factor, as African-American and Hispanic Vietnam veterans tended to report more mental health and life adjustment problems. For PTSD in particular, Hispanic male veterans had the highest prevalence rate..."  Not to argue for preferential treatment for various ethnic groups, but, shouldn't the implications of this data at least be acknowledged?  Maybe PTSD is affecting different people differently, even if we don't know all the reasons why yet.  (There are other implications, too, about medications that purport to solve some problems while increasing risks of others; and the jagged line where domestic violence and PTSD can intersect, with often tragic consequences -- but we'll have to save both those discussions for another time.)

    Editor's note: The Marine Corps story about the memorial service for Acevedo's battalion is linked here.  The list of Marines who died on 12/1/05, according to Marine Corps sources, are as follows: Staff Sergeant Daniel J. Clay, 27, of Pensacola, Florida; Lance Corporal John M. Holmason, 20, of Suprise, Arizona; Lance Corporal David A. Huhn, 24, of Portland, Michigan; Lance Corporal Adam W. Kaiser, 19, of Naperville, Illinois; Lance Corporal Robert A. Martinez, 20, of Splendora, Texas; Corporal Anthony T. McElveen, 20, of Little Falls, Minnesota; Lance Corporal Scott T. Modeen, 24, of Hennepin, Minnesota; Lance Corporal Andrew G. Patten, 19, of Byron, Illinois; Sergeant Andy A. Stevens, 29, of Tomah, Wisconsin; and Lance Corporal Craig N. Watson, 21, of Union City, Michigan. All 10 Marines died December 1, 2005, from an improvised explosive device while conducting combat operations against enemy forces in Fallujah, Iraq. All 10 Marines were assigned to 2nd Battalion, 7th Marine Regiment, 1st Marine Division, I Marine Expeditionary Force, Twentynine Palms, California; During Operation Iraqi Freedom, their unit was attached to 2nd Marine Division, II Marine Expeditionary Force (Forward).

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