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Giving the Power of Law to Those Who Fought for It
Winter 2007

A U.S. military veteran who spent two years as a medevac (or “medical evacuation”) captain in Vietnam had flown hundreds of seriously wounded soldiers from the battlefield to safety, often treating them for their injuries, and witnessing all the horrors of war, on the way.

Due to his two years in Vietnam, and 9/11’s horrendous reminders of it, the veteran began to experience flashbacks, insomnia, uncontrollable rage, and depression.  At night, he couldn’t fall asleep without a loaded pistol in the bed with him.  These symptoms may seem extreme, but for veterans suffering post-traumatic stress disorder they are all too familiar.  While he was receiving some veteran’s benefits related to a skin condition caused by exposure to Agent Orange, the veteran had been having trouble getting approval for disability benefits related to his post-traumatic stress disorder.   He turned to UDM School of Law for help. 

The School’s new Veterans Clinical Program represented the veteran in his VA disabilities case to increase his ratings.  Students asserted that he should receive the equivalent of a 100% ratings award based on his inability to work due to his mental disabilities.  The result of the UDM students’ work?  The Veterans Administration determined that the veteran was completely disabled.  In September, his disability award increased from approximately $300 per month to over $2,600 per month. 

This is just one of what are expected to be many success stories from UDM’s path breaking Veterans Clinical Program.  Started in April as a unit in the School’s existing Urban Law Clinic, the Veterans Program has grown steadily – and recently became a freestanding clinic offering a variety of legal services for veterans.

“This clinic provides a wonderful opportunity for our students to learn and to serve.  And it also helps fulfill our communal obligation to help those who have served our country,” said Dean Mark Gordon.

The need to make a difference

As recent media attention has confirmed, veterans around the nation face a range of problems including homelessness, bankruptcy, difficulties coping with life after battle, and numerous legal issues.  While UDM’s Veterans Clinical Program is dedicated to helping with a variety of the problems faced by veterans, its initial focus is on the immediate need in assisting veterans seeking disability benefits.  This is an area in which UDM has particular expertise; after all, the Urban Law Clinic has been assisting senior citizens with disability benefits issues for many years.

In fact, the challenges facing Michigan veterans are particularly daunting.  Michigan ranks 44th among states in federal healthcare spending per veteran, and 50th in veterans enrolled in VA healthcare, based on the percentage of veterans enrolled.

The state also ranks 47th in veterans receiving disability compensation, as a percentage of the total number of veterans per state.  There are 914,000 veterans in Michigan of which only 8.9 percent receive disability benefits, compared to a 10 percent national average.  Average disability payments for Michigan veterans are $7,000 per year compared to the national average of $8,900 per year.

Michigan veterans are not just missing out on benefits, they also face significant delays in obtaining the benefits they receive.  Michigan veterans wait an average 206 days to receive a decision on their disability claims, significantly higher than the national average of 177 days.

If anyone doubted the need for UDM’s clinic, those doubts were put to rest when the Detroit Free Press ran a front-page article in April announcing that the School was planning on establishing a program to assist veterans.  The article appeared on a Saturday morning, and the first call for assistance from a veteran was logged in at 6:12 a.m. that Saturday.  Within two weeks, the School had fielded requests from over 200 veterans.  And the calls kept coming, not just from Michigan, but from around the nation.

Developing a new clinic

With such a clear need, the School moved quickly to bring together a talented and dedicated team of visiting clinical faculty to run the clinical program:  Professor Margaret (Peggy) Costello and Professor Joon Sung.   Professor Peggy Costello is well-known in the Detroit legal community for her work as an attorney at Dykema Gossett, her leadership of the Detroit Metropolitan Bar Association, and her involvement in numerous pro-bono legal activities.  She has significant experience advocating in US courts, as well as presenting cases before such entities as the US-Iran Claims Tribunal, the Albanian Claims Commission, and the International Court of Arbitration.

“I wanted to work with the Clinic for a few reasons,” she says.  “I think clinical teaching is vital for students to have a practical orientation and approach to the practice of law.  This clinic is wonderful because it melds that clinical teaching with the ability to address the needs of our veterans.  Finally, I truly feel that as lawyers we need to step up to the plate and give back some of what we’ve gotten because of our education and talents.” 

Professor Sung earned his J.D. from Boston College. He has over a decade of experience serving those in need in the Detroit area, having served most recently as managing attorney for the Detroit Legal Aid and Defender Office.  He brings his own personal experience from private practice as well.  So what inspired him to take a position working with the Veterans Clinical Program?  “It is extremely rewarding to be able to help the veterans through UDM's students. We have the opportunity to ensure that America lives up to its promise to take care of those who served and sacrificed for our country.”

The Veterans Clinical Program consists not only of working one-on-one with clients; there is a classroom aspect as well.  The professors co-teach a weekly seminar on the “nuts and bolts” of veterans law and act as supervising attorneys to the clinic students.  Several hours a week the students and professors meet to go over cases and learn the intricate details of practicing law.  Each student is handling three to five active cases at a time.  They must be prepared because they could find themselves representing veterans in a hearing before a hearings officer, the Board of Veterans Appeals, the Court of Appeals for Veterans Claims, and the Appeals Court for the Federal Circuit.

Thanks to local and national press coverage, Professors Sung and Costello and their students have been fielding many phone calls from interested veterans.  Thankfully, there’s back-up support from members of the legal community.  The professors have set up a panel of pro-bono lawyers to whom they refer certain cases, such as those involving family law, bankruptcy, foreclosures, landlord-tenant, and other issues.  The panel consists of a number of law firms, legal departments, and individual attorneys who have agreed to accept matters from the Veterans Clinical Program on behalf of veterans whose incomes make them eligible for pro-bono legal services.  For example, an attorney on the General Motors Legal Staff recently agreed to assist a group of veterans in forming a non-profit corporation to raise money for refurbishing and maintaining the Veterans Memorial at the Michigan State fairgrounds which was dedicated in 1939.

Lawyers on the go

To spread the word further, the students and professors travel around the state to veterans’ organizations to do outreach.  And not infrequently, they travel around and do client interviews in the School’s Mobile Law Office.  The RV, converted to a law office, provides the essentials for these lawyers on the go. 

The students are required to spend a minimum of 12 hours per week on their cases and outreach in addition to class time, but according to a smiling and proud Professor Sung, “Many of them do much more.”

It’s no wonder the students spend so much time with the Clinic; the work is fulfilling.  Student Mark Vanneste, ’09, says about some of his successes, “Personally, I had a client who had been going back and forth with the VA for 16 years.  I was able to find some exceptions in the statutes that will hopefully put an end to that fight.  I've also met with a veteran who was permanently disabled in an auto accident and now has no income.  With the help of my supervising professor, we hope to obtain disability income from the VA for him.  The Veterans Clinic is a rare opportunity to help real people with real problems as a law student.” 

Matthew J. Smith, ’08, another student working with the Clinic, says of his experience, "We are dealing with clients with serious legal issues who have felt neglected for a very long time. Many are homeless. Many have no one else to take on their cases. Many are denied claims and income that they desperately need, simply because they didn't understand how to fill out a form or some other simple procedure. These people have seen what we have only imagined in our nightmares. Most cannot describe their experiences as a result of PTSD or other mental health issues. Getting vital information from the client is often the most difficult part of our jobs. These people need us. It is no longer a hypothetical case in law school. These are real people, who are facing real problems, and they are depending on us. The biggest lesson I think we have all learned: Work hard, give your clients the highest standard of representation, the representation they deserve, advocate zealously, prepare, or get out of the way so someone else can."

Students like Mark and Matthew find themselves working for more than the hands-on experience; they’re working for the veterans.  This training opens their eyes to the positive power of law, and just how much good they can do. 

Making a difference for homeless veterans

The Michigan Veterans Foundation operates a 104 bed transitional housing program for homeless U.S. veterans called the Detroit Veterans Center.  Veterans come to the Center to get back on their feet, and they’re provided with job placement, housing assistance, and a step toward stability.  But there is a rather serious roadblock for these veterans: the law catches up with them. 

Before coming to the Center these vets may have been homeless for years, during which time responsibilities they couldn’t tackle piled up; things like loitering tickets, debt, and a wide variety of other issues.  Now, with the possibility of starting anew, they face legal hurdles that could stop them from making any progress at all.  That is where the Veterans Clinic stepped in.  

Tyrone Chapman, Associate Executive Director of the Detroit Veterans Center, describes the students and professors working with the Program as heroes.  “Whoever thought this program out is to be commended.  They handle the legal issues that could bring these veterans right back down.”  The case managers who work for the Detroit Veterans Center are able to work miracles for homeless veterans, but the process of starting over often couldn’t be complete without someone there to take care of the legal problems.

One thing Chapman loves to see when he observes students and professors working with the veterans is their enthusiasm.  “[They are] so enthusiastic, energetic, and comfortable with the veterans, and the vets appreciate it so much,” he says. 

It’s all about giving something back to these men and women who have served our country, offering them the power of the very rights they fought to uphold for us.  The Veterans Clinic is striving to do good things, and as Chapman puts it, “People need to hear about the good things that happen.  There’s so much in the news about what’s wrong in the world, but good things like this are happening out there too.”

Media attention to the Program turns national

The Detroit Free Press, USA Today, and the National Law Journal have all written about the UDM School of Law’s Veterans Clinical Program.  USA Today calls the Program “a mobile mission to take free legal aid to military veterans.”  There is something news-worthy about an RV toting legal papers and law students all over the state to provide legal assistance.    

The April 21st issue of the Detroit Free Press points out that the School is “the first law school in the state to offer free legal assistance to veterans across Michigan.”  Indeed, UDM School of Law is the only law school in the nation to offer these services out of a Mobile Law Office.  This allows greater reach for the Clinic and makes the process that much simpler for the many veterans outside the Detroit-metro area seeking legal assistance. 

The National Law Journal has also taken notice of UDM’s Program and its initial success, noting that in its first successful case the client was able to receive nearly $28,000 more annually than he was previously awarded by the Veteran’s Administration.

New funding from the state of Michigan

While the School started its efforts by creating a Veterans Clinical Program within the existing Urban Law Clinic, the School recently announced that the Program has matured into a freestanding Veterans Clinic.  This was made possible by a $200,000 grant from the State of Michigan.

“This grant enables us to expand our much needed veterans’ assistance outreach to other areas of the state in addition to Southeastern Michigan,” said Dean Gordon.  “We are very grateful to the legislators who worked so hard to provide this funding, including Representative Andrew Meisner, ’06, Representative Dudley Spade, and Senator Bill Hardiman.  We also owe a debt of gratitude to Oakland County Executive L. Brooks Patterson, ’67, for his effective support of our proposal as well as to Kirk Profit, ’79, for his assistance in securing this legislative funding.”

Why would a cash-strapped state provide funding for the Veteran’s Clinic?  Clinical Director Professor Michael Bryce explains:  “It was clear that, given the need of many Michigan veterans for help in seeking disability benefits, this is a real win-win.  We help the veterans, but by bringing more disability benefits to the state, we also help Michigan increase its revenue and its economic activity.”  

The new state grant enabled the School to undertake a statewide tour of its Mobile Law Office to provide assistance to thousands of low-income veterans throughout Michigan.  The first stop was in Grand Rapids in mid-November, where major law firms, Western Michigan Legal Services, the Paralyzed Veterans of America, and various American Legion Posts came forward to help.

Additional tour stops throughout the year are planned for, but not limited to, Flint, Lansing, Benton Harbor, Pontiac, and Battle Creek – not to mention continuing the School’s existing efforts in southeastern Michigan.

The future of the Program

As the School’s efforts expand, the number of attorneys and other organizations stepping forward to help has continued to rise.  UDM is committed to offering increasing services for the veterans community, while providing its students with real hands-on experience.  It is an unbeatable combination.

Alumni who wish to help UDM School of Law’s Veterans Clinic can do so by volunteering their time (e-mail Clinical Director Professor Michael Bryce at brycemi@udmercy.edu) or by making a financial contribution (contact Assistant Dean for Development Ginger Hrtanek at 313-596-0274 or hrtaneva@udmercy.edu).