NATIONAL VETERANS LEGAL SERVICES PROGRAM INC
1600 K STREET NW NO 500, WASHINGTON, DC 20006 www.nvlsp.org

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Organizations Filed Purposes: TO PROVIDE FREE LEGAL ASSISTANCE TO VETERANS OF THE U.S. ARMED FORCES AND CURRENT SERVICE MEMBERS.

INDIVIDUAL REPRESENTATION:NVLSP PROVIDES FREE LEGAL SERVICES TO HELP VETERANS, SERVICE MEMBERS, AND THEIR FAMILIES SECURE DISABILITY AND DEATH BENEFITS FROM THE U.S. DEPARTMENT OF VETERANS AFFAIRS AND THE UNITED STATES ARMED FORCES. NVLSP'S INDIVIDUAL REPRESENTATION SERVICES INCLUDE PRO BONO REPRESENTATION BEFORE VA REGIONAL OFFICES, THE BOARD OF VETERANS' APPEALS, THE U.S. COURT OF APPEALS FOR VETERANS CLAIMS (CAVC), OTHER FEDERAL COURTS, AND MILITARY DISCHARGE REVIEW AGENCIES. IN 2019, NVLSP FILED APPROXIMATELY 600 NEW INDIVIDUAL APPEALS IN THE CAVC ON BEHALF OF A VETERAN OR SURVIVOR DENIED BENEFITS BY THE BOARD OF VETERANS' APPEALS (BVA) AND CONTINUED LITIGATING HUNDREDS OF PENDING APPEALS. HISTORICALLY, IN A HIGH PERCENTAGE OF THE CASES NVLSP HAS APPEALED, NVLSP HAS BEEN ABLE TO OBTAIN A REVERSAL OF THE BVA DENIAL AND AN ORDER TO GRANT BENEFITS OR (MUCH MORE OFTEN) AN ORDER SETTING THE BVA DENIAL ASIDE BASED ON ADMINISTRATIVE ERROR AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS.

CLASS ACTIONS:NVLSP BRINGS CLASS ACTIONS AND OTHER LAW REFORM LITIGATION TO BENEFIT LARGE NUMBERS OF VETERANS AND THEIR FAMILIES. VETERANS REPRESENTED BY NVLSP HAVE RECEIVED RETROACTIVE CASH BENEFITS, IN ADDITION TO HEALTH CARE AND OTHER DISABILITY BENEFITS. BY COMPELLING THE VA AND MILITARY DEPARTMENTS TO BRING THEIR REGULATIONS AND PRACTICES INTO COMPLIANCE WITH APPLICABLE FEDERAL LAWS, ONE CASE CAN HELP THOUSANDS OF VETERANS OBTAIN THE FEDERAL BENEFITS THEY ARE DUE. IN 2019, NVLSP FORCED THE VA IN A PENDING CLASS ACTION TO PAY MORE THAN $3.9 MILLION IN RETROACTIVE BENEFITS TO SURVIVORS OF DECEASED VIETNAM VETERANS WHO SUFFERED FROM DISEASES THAT WERE THE RESULT OF EXPOSURE TO AGENT ORANGE. IN ADDITION, NVLSP PREVAILED IN 2019 ON TWO CLASS ACTIONS BEFORE THE CAVC. IN THE FIRST CASE, NVLSP REPRESENTED A CLASS OF THOUSANDS OF VA BENEFITS CLAIMANTS WHO FILED AN APPEAL TO VA'S HIGHEST TRIBUNAL, THE BOARD OF VETERANS' APPEALS (BOARD), AND SUFFERED EXTENDED DELAYS WAITING FOR VA TO BEGIN MOVING THEIR APPEALS FORWARD. IN ITS JUNE 13, 2009 DECISION, THE COURT HELD THAT VA'S DELAY IN MOVING THESE APPEALS FORWARD WAS CONSTITUTED UNREASONABLE DELAY AND ORDERED VA TO REVIEW AND MOVE FORWARD ALL CLASS MEMBERS' APPEALS WITHIN 120 DAYS, BY OCTOBER 11, 2019.IN THE SECOND CAVC CASE, NVLSP CHALLENGED THE 2018 VA REGULATION BARRING THE VA FROM REIMBURSING A VETERAN FOR THE EMERGENCY MEDICAL EXPENSES UNAVOIDABLY INCURRED AT NON-VA FACILITIES IF THE EXPENSES WERE NOT COVERED BY THE VETERAN'S PRIVATE INSURANCE. THE CAVC CERTIFIED A CLASS CONSISTING OF THE 73,000 VETERANS WHOSE CLAIMS FOR REIMBURSEMENT OF EMERGENCY MEDICAL EXPENSES WERE DENIED BY VA ON THE GROUND THAT THE EXPENSES WERE PART OF THE DEDUCTIBLE OR COINSURANCE PAYMENTS FOR WHICH THE VETERAN IS RESPONSIBLE. THE CAVC INVALIDATED THE VA REGULATION ON THE GROUND THAT IT VIOLATED THE EMERGENCY CARE FAIRNESS ACT OF 2010 AND INVALIDATED ALL DENIALS OF REIMBURSEMENT TO CLASS MEMBERS FOR MEDICAL EXPENSES DEEMED DEDUCTIBLES OR COINSURANCE MADE UNDER THE INVALIDATED REGULATION. THE CAVC ALSO ORDERED VA TO SEND MORE THAN 1,000,000 (ONE MILLION) INDIVIDUAL LETTERS TO CORRECT VA'S PRIOR ERRONEOUS DESCRIPTION OF THE STATUTORY REIMBURSEMENT CRITERIA THAT POTENTIALLY DISCOURAGED THESE VETERANS FROM PURSUING THEIR REIMBURSEMENT CLAIMS AND GAVE THEM A NEW ONE-YEAR PERIOD WITHIN WHICH TO APPEAL ANY DENIAL OF REIMBURSEMENT. IN 2019, THE U.S. DISTRICT COURT CERTIFIED A PLAINTIFF CLASS OF MORE THAN 3,600 COMBAT VETERANS IN A LAWSUIT BROUGHT BY NVLSP CHALLENGING THE POLICY OF THE MILITARY DEPARTMENTS TO IMPOSE A CAP OF A MAXIMUM OF SIX YEARS OF RETROACTIVE COMPENSATION TO VETERANS WHO ARE AWARDED COMBAT RELATED SPECIAL COMPENSATION (CRSC). THE COURT EARLIER DENIED THE GOVERNMENT'S MOTION FOR JUDGMENT ON THE GROUND THAT PLAINTIFF WAS CORRECT IN ARGUING THAT THE SIX-YEAR STATUTE OF LIMITATIONS SET FORTH IN 31 U.S.C. 3702(B) DOES NOT APPLY TO CRSC. THIS CASE IS STILL ONGOING. FINALLY, IN 2019, NVLSP, TOGETHER WITH THREE VETERANS, FILED A CLASS ACTION IN U.S. DISTRICT COURT CHALLENGING THE FAILURE OF ARMY, NAVY, AND AIR FORCE BOARDS FOR CORRECTION OF MILITARY RECORDS (BCMRS) TO MEET THEIR STATUTORY TIMELINESS REQUIREMENTS TO DECIDE CLAIMS FILED BY VETERANS AND SERVICEMEMBERS FOR CORRECTION OF THEIR INDIVIDUAL MILITARY RECORDS WITHIN 18 MONTHS OF RECEIPT, AS REQUIRED BY 10 U.S.C. 1557.

LAWYERS SERVING WARRIORS (LSW) PRO BONO PROGRAM: NVLSP PROVIDES FREE REPRESENTATION THROUGH LAWYERS SERVING WARRIORS (LSW), OUR NATIONAL PRO BONO PROGRAM. LSW OFFERS FREE LEGAL HELP TO VETERANS AND SERVICE MEMBERS ON A NUMBER OF BENEFITS ISSUES; CASES ARE PLACED WITH VOLUNTEER ATTORNEYS FROM LAW FIRMS AND CORPORATE LEGAL DEPARTMENTS NATIONWIDE. EACH VOLUNTEER RECEIVES TRAINING AND GUIDANCE BY NVLSP'S TEAM OF EXPERT ATTORNEYS, ENSURING THAT EVERY VETERAN RECEIVES TOP NOTCH LEGAL REPRESENTATION.LSW OFFERS ASSISTANCE IN FIVE DISABILITY CLAIMS AREAS: 1) CLAIMS FOR PTSD RESULTING FROM MILITARY SEXUAL TRAUMA THAT HAVE BEEN DENIED BY THE VA; 2) APPLICATIONS FOR COMBAT-RELATED SPECIAL COMPENSATION; 3) REPRESENTATION OF SERVICE MEMBERS AND VETERANS SEEKING MILITARY MEDICAL RETIREMENT THROUGH THE INTEGRATED DISABILITY EVALUATION SYSTEM, APPLICATIONS TO THE PHYSICAL DISABILITY BOARD OF REVIEW FOR AN INCREASE IN THE DISABILITY RATING THAT THE MILITARY ASSIGNED AT THE TIME OF MEDICAL SEPARATION FROM SERVICE, AND CORRECTIONS OF MILITARY RECORDS TO GRANT MILITARY MEDICAL RETIREMENT; 4) APPEALS TO THE BOARD OF VETERANS' APPEALS AND THE US COURT OF APPEALS FOR VETERANS CLAIMS; AND 5) UPGRADING LESS THAN HONORABLE DISCHARGES AND APPLICATIONS TO BOARDS FOR CORRECTION OF MILITARY RECORDS FOR VETERANS WHO WERE WRONGFULLY DISCHARGED FOR PERSONALITY DISORDER OR ADJUSTMENT DISORDER. THE PRO BONO PROGRAM ALSO HANDLES LITIGATION IN FEDERAL COURT TO APPEAL UNFAVORABLE DECISIONS AT ADMINISTRATIVE BOARDS.IN 2019, THE LSW PROGRAM PLACED OVER 400 INDIVIDUAL CASES FOR FULL REPRESENTATION AND PROVIDED ADVICE AND BRIEF SERVICES TO OVER 190 ADDITIONAL INDIVIDUALS AT 12 CLINICS IN CALIFORNIA, MARYLAND, NEW YORK, NORTH CAROLINA, VIRGINIA, AND WASHINGTON, DC. WITH VETERANS' GROWING NEED FOR LEGAL ASSISTANCE, LSW HAS FORGED PARTNERSHIPS TO HELP SERVE MORE VETERANS. SOME OF THE 2019 CLINIC PARTNERS INCLUDE DISTRICT OF COLUMBIA MAYOR'S OFFICE OF VETERANS AFFAIRS; FAYETTEVILLE VET CENT, NORTH CAROLINA; AND PRINCE GEORGE'S COUNTY OFFICE OF VETERANS AFFAIRS, MARYLAND.

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