ATTORNEY TRAINING INFORMATION

FREQUENTLY ASKED QUESTIONS:
THE VETERANS CONSORTIUM PRO BONO PROGRAM (VCPBP)

1. What Is the Veterans Consortium Pro Bono Program?

In 1991, the U.S. Court of Veterans Appeals, now named the U.S. Court of Appeals for Veterans Claims, responded to the problem of its large pro se caseload by asking Congress to reallocate part of the Court’s own budget into efforts to secure representation for needy claimants. As a result of subsequent legislation, a consortium of four organizations received a grant to operate a pro bono program. The program recruits attorneys willing to volunteer to represent needy individuals at the Court.

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2. What Organizations Make up the Veterans Consortium Pro Bono Program?

• The Veterans Consortium consists of four veterans service organizations:

• The American Legion,

• The Disabled American Veterans,

• The National Veterans Legal Services Program, and

• The Paralyzed Veterans of America. 

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3. How is the Pro Bono Program Funded?

The Pro Bono Program is funded by a Congressional appropriation and a grant administered by the Legal Services Corporation plus donated time and money from the four veterans service organizations.

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4. How Does the Veterans Consortium Pro Bono Program Work?

The program’s staff of experienced veterans law specialists screen the appeal of every individual who seeks pro bono representation from the program.  Appeals with meritorious issues and whose appellants meet income eligibility guidelines are referred to volunteer attorneys.  Volunteer attorneys receive day-long training, a published veterans law treatise (the Veterans Benefits Manual), and other resources

After accepting a referral, each attorney receives a memorandum discussing the facts and legal issues in the appeal and the name and telephone number of an assigned mentor who specializes in this area of the law from one of the sponsoring organizations.  

Mentors are available to discuss litigation strategy, provide sample briefs, review draft pleadings, and conduct a moot court if oral argument is granted.

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5. What Training Does the Program Provide to Volunteer Attorneys?

Before accepting an appeal, all attorneys must attend a day-long training program conducted by experts in the field.  (In rare cases, training may be provided via DVD if an attorney is unable to attend in person and if the Program does not have sufficient in-person trained attorneys.)  After being assigned a case, each participating attorney also receives a free copy of the latest version of the Veterans Benefit Manual (2 bound volumes, a CD-ROM, and on-line update capability), a comprehensive guide to litigating veterans benefits claims.

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6. What Services Do Mentors Provide?

Program mentors are attorneys who specialize in veterans’ law and work for one of the four organizations that sponsor the VCPBP.  Mentors are available to discuss litigation strategy, provide sample pleadings, review draft pleadings, and conduct a moot court if oral argument is granted.  Mentors are invaluable in providing general advice and consultation concerning your case.

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7. What Type of Case Will I Get?

The cases run the spectrum, from a World War II veteran who now needs to supplement retirement income or obtain free VA medical care, to a Vietnam veteran struggling with Post-traumatic Stress Disorder.  Some cases involve Gulf War veterans with undiagnosed disorders.  There are cases that are not connected to combat as well as some cases that involve horrible complications from combat injuries.  Some cases involve latent disorders and some concern survivors seeking derivative benefits.

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8. Why Is Obtaining a Remand Valuable?

In cases assigned to volunteer attorneys, the administrative record may be deficient.  A volunteer attorney can overcome that problem even though practicing before an appellate court that does not allow submission of additional evidence.  Veterans/clients will benefit by obtaining a remand because they may add additional evidence to the record on remand while preserving an early effective date for entitlement to benefits.

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9. What are the Unique Benefits of Volunteering through the Veterans Consortium Pro Bono Program?

First, the program provides one of the few opportunities to obtain appellate litigation experience while performing pro bono service.  Many cases involve brief writing and some present the opportunity for oral argument.  Second, since some cases may present issues of first impression, representation may provide an opportunity to make new law. Third, the program provides significant support and training to ensure that your time is used effectively: cases are prescreened for merit in advance of assignment; volunteer attorneys are quickly oriented to the case with a memorandum describing the facts and legal issues; further assistance is available from the assigned mentor; volunteers participate in an in-depth full-day training program by experts and receive a detailed practice manual.

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10. Is Malpractice Insurance Provided to Participating Attorneys?

Yes.  Malpractice insurance is provided (secondary payer if the attorney has primary coverage).

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11. Can Participating Attorneys Receive Continuing Legal Education Credits?

CLE credits are available in many states.  Attorneys must initiate the process individually with the CLE administrator of the state.  The Program does not seek pre-approval of CLE in any state, but we are unaware of any state in which CLE has been denied for Program training.

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12. How Much Time Does a Typical VCPBP Case Take?

Private attorneys with no veterans law experience have demonstrated their ability to capably represent appellants before the US Court of Appeals for Veterans Claims.  Most cases can be completed in 50 hours.  To date, over 1,500 attorneys have accepted about 3,000 cases under the program.

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13. Why there is such a large pro se problem at the Court of Appeals for Veterans Claims?

Our country has provided veterans benefits since the American Revolution.  In 1862 Congress imposed a five-dollar limit, later increased to ten dollars, on what an attorney could charge a veteran to represent the veteran on a claim for veterans benefits.  This fee limitation statute was not intended at the time to bar attorneys from veterans law.  Ten dollars was actually a reasonable fee for an attorney following the Civil War because the value of the dollar was much higher back then and because the veterans benefits process was a simple one.  With the passage of time and inflation, the ten-dollar fee limit became an economic bar to the practice of law in this area.  A system developed in which few attorneys practiced and non-attorneys from the veterans service organizations provided free representation to over 90 percent of the VA claimants.

The 1988 Veterans Judicial Review Act created a new Article I court for veterans claims and amended the attorney fee limitation to a degree.  Effective June 2007, attorneys may charge a reasonable fee after a VA regional office has denied a claim and an initial appeal (Notice of Disagreement) has been filed.

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