10/18/2022
I wanted to tell this story to offer a little hope to others. There is also a little bragging involved, but I’m still on cloud nine from this legal victory.
When I graduated law school I knew it would still be a few years until I could retire from my full time job as a police officer, but I knew I needed to do something to keep my legal writing skills and research sharp, and get the hang of running a solo law practice. I decided to jump into Veterans law, doing VA Disability and Discharge Upgrades.
In March of 2021 I was contacted by a Marine looking for help. He had been deployed to Iraq twice. The first time he was struck by an IED and medevacked for treatment. He was awarded the Purple Heart for his injuries. He returned to his unit and continued to fight with them. On his second deployment he was sent to Fallujah.
After returning stateside he had served nearly three years and eight months of a four year enlistment. He began showing outward signs of PTSD, and using alcohol and drugs to cope with it. He was discharged from the Marine Corps with a Bad Conduct Discharge in 2009.
In 2014 he applied for VA disability for his physical and mental wounds. Initially the VA determined his character of service as Honorable. Later, the VA reversed its decision and determined his character of service was dishonorable for VA purposes. Over the next several years he continued to apply for VA disability and was continuously denied. He was also denied VA Health Care due to his character of service.
During this time he was receiving housing assistance from the VA through the VA Homeless Program and was receiving mental health counseling through the VA.
After conducting an internal audit, the VA notified him that he was no longer eligible to receive housing assistance and mental health counseling through the VA. He was forced to move in with family in another state.
In March of 2021 I began gathering all his service treatment records, medical records, and transcripts from his Special Court Martial. Over a year and a half later I submitted separate briefs to both the Naval Discharge Review Board and the VA seeking to upgrade his discharge and his character of service for VA purposes.
Yesterday, I saw the letter that the VA will be sending out to him shortly, informing him that his character of service has been changed to Honorable for VA purposes. The language that made my heart leap was “You and your dependents are eligible for any VA benefits for this period of military service.”
There are still a number of forms to fill out and appointments to go to for this Marine, but for him this decision means housing stability, VA counseling, VA disability, and likely educational assistance for his daughter.
I served in the Marines from 1996-2000, which was a relatively peaceful time. I like to tell people that I never heard a shot fired in anger. I did however train Marines who were deployed into combat for the nearly 20 years of war that followed. I received many of the same generous benefits that are afforded to veterans as they did, only those that came after me did much more to earn them.
This Marine and other Veterans like him are my heroes. Helping him after a years long fight to get what he deserved was by far my most satisfying experience as an attorney. I have had a few wins along the way, and thoroughly enjoyed helping veterans get these benefits, but I cant imagine another win like this.
I know it sounds corny but this case epitomizes why I chose to help Veterans. It made every hour and penny of law school worth it.
I appreciate how quickly the VA rectified their mistakes once they were brought to their attention.
To those that have been in a struggle with the VA, hang in there. Find yourself a good advocate and stick with the fight. There are plenty of free services out there, so utilize them.
