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New Legal Clinics for Veterans Open in IllinoisBy Linda EnglundLegal help for veterans has taken a hopeful step forward in the last few months in Illinois. A group of young attorneys, prompted by a growing concern over the legal plight of recently returned Iraq vets, has taken a very commendable step to help our state's veterans. In the past several months, two legal clinics have opened and begun to provide free legal representation and advocacy to veterans and their families. As the mother of an active duty soldier wounded twice in Iraq, wife of a Vietnam vet, and board member of Military Families Speak Out, I have felt both compelled and honored to become involved in these efforts. The new federal law governing veterans' legal rights has made it easier for attorneys to provide legal services. In December 2006, Public Law 109-461 was signed into law. This law, the Veterans Benefits, Health Care and Information Technology Act, provided that claimants before the VA could hire an attorney or agent earlier in the claims process than previously allowed. Until last year's change in law, lawyers could only charge $10 to help vets with VA claims, until it was eligible to be heard in federal court, at which time they could get their 20% of retroactive benefits. The catch-22 was that no new evidence could be added to the case at that point. So, lawyers preferred to take cases winnable on the already submitted evidence or precedent-setting cases they intend to appeal all the way. Now, vets can sign up lawyers as soon as the VARO makes a rating decision. The first clinic to open is the Veterans' Rights Project, founded in Chicago in the fall of 2007. It grew out of a desire on the part of a few concerned and dedicated attorneys to provide today's veterans with the help they need on a variety of legal matters related to their military service. The project is part of the Legal Assistance Foundation of Metropolitan Chicago (LAF) and is open to income-eligible veterans and their dependents, residing in Cook County. John Costello, a young attorney in a prestigious law firm in Chicago, left that firm to direct this project. The Veterans' Rights Project advocates and provides legal representation in several areas. Representation in civil matters helps veterans not just with federal protections, but with additional protections in Illinois law of which veterans and their families may not be aware. At the Appellate level of the VA benefit process, veterans may receive advice and advocacy on issues that may include service-connected disability claims, discharge upgrades, and establishing appropriate disability percentages. The project is also conducting outreach to homeless vets to provide education to them concerning their legal rights, vocational rehab, medical benefits and other concerns. The Veterans' Rights Project formed an Advisory Board that is working to get information out as widely as possible about their services and those of John Marshall's clinic (John Marshall Law School). It includes representatives from prominent area law firms, veteran's service organizations, employment service projects and concerned individuals. VVAW is represented on the advisory board by Ray Parrish, and I represent Military Families Speak Out. At about the same time that this clinic was opening, a major 2-day Veterans' Law Conference was held in Chicago to train up to one hundred veteran advocates. Organizers of this conference were careful to include ten spaces for non-attorneys to be trained. I was fortunate to be allowed to attend this intense training along with the private attorneys and VSO's. Although I was definitely at a disadvantage with my limited legal knowledge, this two-day training gave me a sound overview of the rights, problems, and issues involved in veterans' legal advocacy, and increased my determination to be of service. It was encouraging to see so many attorneys, of all ages and at all stages of their careers, eager to take on veterans' problems. Since the training, I have talked to a few of these attorneys who have taken on veterans' cases pro bono. I have been moved by not only their commitment and determination to see their cases through to successful conclusions, but also by their outrage at the difficulties the veterans they are representing face. This past January, 2008, John Marshall Law School opened the second new legal clinic for veterans in Chicago. The John Marshall Law School Veterans Legal Support Center (VLSC) is one of the nation's first law school clinics opened expressly for the purpose of addressing the legal needs of veterans. The VLSC clinic was co-founded by veterans, attorneys and law students concerned that newly returning Iraq veterans in Illinois had no place to quickly and fully obtain the legal aid that would assist them to receive the benefits they deserve. One of the young founders, Iraq veteran Ryan Coward, recently returned to active duty as a JAG attorney in South Korea. The clinic is staffed by law students working under the supervision of clinical attorneys and professors. And John Marshall now includes in its curriculum a Veterans Advocacy Course, which includes the study of the federal, state and local laws that pertain to veterans' advocacy. The John Marshall clinic is also recruiting a network of pro-bono attorneys throughout Illinois to assist veterans in the VA appeals process. The VLSC is supporting and training these attorneys in veterans' law, matching them with veterans who have applied for help, and assisting them with research and informational support. Several additional training sessions have been held. And very quickly after the clinics were founded, they both began working to extend their models to locations in southern Illinois. Because both the projects are new, a special effort is being made to spread the word to veterans about this newly available legal help. Attorneys and volunteers from both the Veterans' Rights Project and the John Marshall Veterans Legal Support Clinic are targeting congressional offices, VSO's, National Guard armories, homeless shelters, the Stand Downs at armories, IVAW and public service announcements. If you live in Illinois, or if you know veterans in Illinois who are in need of legal help, you will want to let them know about these new resources. The projects need the help of Illinois VVAW members to spread the word about their services. Contact information for both of the clinics is provided below. I feel somewhat encouraged for Illinois vets by several things – the dedication of the attorneys, the addition of a veteran's advocacy course to a law school curriculum, the willingness to include many voices, the law students' commitment, and the determination of everyone involved to succeed. I am working now primarily to spread awareness of these new resources and to seek increased funding sources for them. I look forward to soon beginning to work more directly with vets under the leadership of Ray Parrish.
Veterans' Rights Project of the Legal Assistance Foundation
Veterans Legal Support Center
Linda Englund serves on the board of directors of Military Families Speak Out.
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