UNIVERSITY PARK, Pa. — Second and third-year law students enrolled in the Veterans and Servicemembers Legal Clinic at Penn State Law in University Park honed their advocacy skills while assisting five Vietnam veterans and their families, and two other veterans, to win disability and/or survivor claims before the U.S. Department of Veterans Affairs (VA).
The clinic helps veterans to file and appeal VA disability claims seeking monthly compensation for injuries and medical or mental health conditions that relate to their military service. The clinic also helps survivor spouses to “step into the shoes” of the veteran and seek benefits the veteran was unable to apply for. Often, these veterans are coping with severe medical or mental health conditions that prevent them from filing claims.
Three of the five Vietnam veteran cases involved Agent Orange exposure causing leukemia. Last year, Penn State Law students prepared the three Vietnam veteran families (and two Gulf War-era veterans) for hearings before VA administrative law judges. Law students over several years conducted research, gathered documents, obtained medical opinions from experts, and submitted multiple appeals for these clients. Several students prepared each client —and sometimes their spouses and/or family members — for their hearings. These administrative law hearings involve both “legal argument” by an attorney or veteran service officer representative and testimony from veterans and/or spouses and other family members.
To prepare for a hearing, students first counsel the clients by explaining exactly what will happen and how the families can get ready — especially emotionally — to handle the experience. These hearings represent a “day in court” for veterans and their families who often wait an exceptionally long time for this opportunity. Backlogs at the administrative court (called the Board of Veterans Appeals) is approaching four years. Veterans and their families often wait one to two years for a hearing and then one to two more years for a decision after a hearing.
These hearings are an opportunity for the veteran and/or their family members to proudly talk about the veteran’s service, and the hardships the veteran endured during and after service as a result of what happened in service (such as injuries, combat experiences and/or toxin exposures). The veterans and families also are permitted to testify about the impact that these in-service events and causally related medical and mental health conditions have on all generations of the veteran’s family.
A court reporter is present at each hearing, witnesses are sworn in under oath, and witnesses must respond to questions from their representative while testifying. Witnesses also must be prepared to answer a judge’s questions. The experience can be daunting and the veterans and their families appreciate the students’ efforts to prepare them for the experience.
Naturally, due to the topics covered, most clients are emotional when preparing for, and while testifying in, the hearing. While the experience is often cathartic and very much appreciated, the clients need assistance from caring and empathetic law students to adequately prepare for the opportunity.
Law students drafted potential questions for the testimony part of the hearings and potential “legal arguments” as well. Clients had the opportunity to comment on this written work. Students then conducted practice hearings for the veterans and their families where everyone was able to “workshop” together the best way to present each family’s story at a hearing.
Two of the three Vietnam veteran families received back payments totaling more than $70,000 and survivor benefits for life as a result of these hearings and the students’ preparation. Both of these families graciously made donations to the clinic to help future veterans and their families with similar claims. The clinic uses these donations to pay for expert fees for medical opinions needed to win these claims. The third Vietnam veteran and his family, as well as the two Gulf War era veterans, are still waiting for their hearings, due to the backlog within the agency. Students also won $15,000 in back pay and higher ratings for another Vietnam combat veteran with prostate cancer and several resulting complications.
Two additional Vietnam-era veterans served by the clinic won back payments as well. Law students helped a Vietnam combat veteran to win $31,000 in back pay for mental health conditions, and a Vietnam-era veteran who served stateside to win $77,000 in back pay and a 100% disability rating for life. This client was exposed to toxins at several U.S. military bases, was diagnosed with leukemia, and has complications from both leukemia and chemotherapy treatment. The clinic won service-connection for many of these conditions, as well as “special monthly compensation” amounts due to the severity of the impact on his day-to-day life. Using their expertise in toxin exposure claims, students also won 100% disability payments for an Air Force pilot who started having symptoms of his rare form of leukemia during service, and for a Marine stationed at Camp Lejeune military base diagnosed with lymphoma.
In total, during the 2023-24 academic year, the clinic won more than $200,000 in back pay benefits for its clients and their families. Because these cases often take multiple levels of appeal to win, Penn State Law would like to acknowledge and congratulate both the current students working on these matters, as well as the alumni. Current law students included Katherine Jennings, Isabella Martinalbert, Jordan McPeek, Ryan Millea, Katherine Owens, Brandan Parks, and Sean Wojciechowski. The J.D. and LL.M. alumni involved included Amira Khaled Abdelwahab, Nicolette Arapis, Kendal Ashman, Jackson Belva, Erik Blasic, Kaitlyn Boswell, Sharai Bryan, Holly Christensen, Alexandra Debonte, Sean Duffy, Jorge Garcia, James Girvin, Alicia Grana, Michael Houlihan, Carey Field Kimball, Emilee Kula, Akshaya Senthil Kumar (LL.M.), Madelyn Lane, Carmen Lopez, Christine Munz (LL.M.), Jeremiah Parlock, Jeanette Potter, Nathan Ripley, Natasha Steinle, Kristiana Stiles, Samantha Tropp, Audry Thompson, and Jessica Warwick.
These 2023-24 awards bring the total back pay amounts won by the clinic to more than $4.7 million since 2015, when Associate Dean for Clinics and Experiential Learning and Clinical Professor of Law Michele Vollmer became director of the clinic.
“The clinic gave us space for personal reflection, opened our eyes to the uniquely sad situation of Vietnam veterans but also their incredible resilience; and gave us the tools, skills and space to learn and practice how to develop client relationships and advocate for them in a complex system of caselaw, statutes and regulations,” said Penn State Law third-year student Katherine Owens. “I also feel so lucky to have been able to learn from Professor Vollmer because at this stage when we are so early in our experience with practicing law, I think the teachers and leaders who guide us now have a formative impact on how we see and approach being lawyers. I am so glad that my lasting impression and inspiration for practicing law will be someone so compassionate and client-centered, dedicated, attentive, and someone who never stops fighting for her clients. My time in the clinic has made me a better law student and a better person. I will always remember and be inspired by what I have learned.”
Under Vollmer’s leadership, Penn State Law students also counseled 45 other veterans last year, helping them to find legal help at other clinics and nonprofit organizations. That brought the total number of Pennsylvania-wide clinic consultations since 2015 to 370, encompassing veterans from more than 23 counties.