By Larry Dandridge
Through a Memorandum of Understanding (MOU) between the SC Department of Veteran Affairs (SCDVA) and the National Veterans Legal Services Program (NVLSP), veterans and military members in South Carolina may be able to get free pro bono legal help from NVLSP’s Lawyers Serving Warriors Program when appeals for veterans’ benefits have been denied by the Department of Veteran Affairs (VA) or Department of Defense (DOD), and the appeal has a chance of being reversed.
According to the SCDVA’s Director of Veteran Services, Mr. Timothy R. Frambes, the veteran needs to be working through a state or county SCDVA-accredited Veterans Service Officer (VSO) and must be referred by the SCDVA to get a review of a denial decision by NVLSP. Every denied appeal handled by SCDVA is automatically reviewed by the NVLSP team. When NVLSP reviews the decision, their lawyers offer the veteran the option of proceeding the case if they believe the VA decision was in error with a reasonable chance for reversal at the appellate level.
NVLSP has an exceptional success rate on appeals – and they do not accept cases they do not believe they can win. SCDVA and NVLSP services are at no cost to the veteran if the veteran agrees to have NVLSP represent them, and the veteran can withdraw an appeal or decline NVLSP representation to continue a case.
About NVLSP
The NVLSP webpage, https://www.nvlsp.org, and its’ NVLSP Veterans Legal Services Program Pamphlet, https://bit.ly/3L0N89T, state that NVLSP is a 501(c)(3) nonprofit organization that has worked since 1981 to ensure that the government delivers to our nation’s 22 million veterans and active-duty personnel the benefits to which they are entitled.
The National Veterans Legal Services Program’s Pro Bono Program — Lawyers Serving Warriors® (LSW) assists service members and veterans with applications for disability and other benefits, both at the Department of Defense (DOD) and the Department of Veterans Affairs (VA).
NVLSP serves veterans and military members through Lawyers Serving Warriors®, Individual Representation, Class Actions, Training and Mentorship, and Publications. NVLSP LSW attorneys are experts in the DOD matters of discharge upgrades, military medical retirement, Combat-Related Special Compensation (CRSC), and the Servicemembers’ Group Life Insurance Traumatic Injury Protection Program. NVLSP has helped veterans and servicemembers obtain over $5.4 billion in disability benefits.
NVLSP Individual Representation
According to NVLSP’s “Individual Representation” webpage at https://bit.ly/3VT3wzs, each year thousands of veterans have their claims for disability benefits wrongly denied or evaluated incorrectly.
When disability claims are denied by the VA, veterans have the right to appeal to the U.S. Court of Appeals for Veterans Claims (CAVC). As with any legal proceeding, obtaining trained and competent legal representation is ideal.
Unfortunately, more than half of the veterans who file appeals to the CAVC do not have lawyers to represent them. In most cases, this is because the veterans cannot afford an attorney. For many others, navigating the system proves too big of a challenge. As a result, many disabled veterans are left behind, wondering where to turn for help.
NVLSP has represented thousands of veterans before the CAVC Court — all at no charge to the veteran. Each year, staff attorneys from the National Veterans Legal Services Program review thousands of veterans’ claims denied by the Board of Veterans’ Appeals (BVA) – the highest authority within the VA. When NVLSP determines that a BVA denial is worthy of appeal to the CAVC, NVLSP offers to represent the veteran or their family at no cost.
Of the cases NVLSP appeals each year, over 90% result in either a reversal of the previously denied claim or the case is sent back for the VA to correct legal errors.
NVLSP Class Actions
The NVLSP “Class Actions” webpage https://bit.ly/3LizUpf states that NVLSP uses its expertise in veterans’ law to change the lives of veterans and their families. Through class action lawsuits, NVLSP brings claims on behalf of a group of individuals who have been wrongfully denied the benefits they have earned through their service. NVLSP has represented thousands of veterans in class actions.
NVLSP Training
According to the NVLSP “Training” webpage, https://bit.ly/4cCsecH, … one of NVLSP’s primary missions has been to train advocates in veterans law so that they can efficiently help veterans secure benefits from the VA. The goal of these trainings is to teach advocates how to obtain the correct amount of VA benefits for deserving veterans (and their family members) at the earliest possible time.
NVLSP has conducted training programs for groups of non-attorney advocates as well as groups of attorneys. NVLSP also trains the service officers of several of the largest state departments of veterans affairs. NVLSP has also conducted training for national veterans service organizations such as The American Legion, Vietnam Veterans of America, Veterans of Foreign Wars, American Veterans, and the Military Order of the Purple Heart.
NVLSP has also developed and conducted training programs for attorneys in organizations including the Veterans Consortium Pro Bono Program, The Legal Services Corporation, The National Legal Aid and Defender Association, The National Association for the Advancement of Colored People, and state bar associations. NVLSP also offers in-person training sessions and online courses.
NVLSP Publications
The NVLSP webpage “Publications,” https://bit.ly/3VWgU60, NVLSP has focused on the recruitment and training of both attorney and non-attorney advocates to help veterans secure benefits.
NVLSP Advocacy Materials
As described at https://productsbynvlsp.org, these materials are designed to increase the pool of advocates available to veterans and their families, as well as to empower advocates to be even more effective in representing clients. NVLSP’s publications include (1) Veterans Benefits Manual (see https://productsbynvlsp.org) and (2.) The Basic Training Course on Veterans Benefits (see https://bit.ly/3XC2BEU). These materials are designed to be working tools for veterans service officers (VSOs), attorneys, and others who assist veterans and their families. Visit the NVLSP Store at https://productsbynvlsp.org for details and ordering.
For more information
For more information on the SCDVA – NVLSP MOU contact the South Carolina Department of Veterans Affairs, Director of Veteran Services, Timothy R. Frambes, 1800 St. Julian Place, Suite 305, Columbia, S.C. 29204, Email tim.frambes@scdva.sc.gov, Phone 803-734-4065.
For more information about NVLSP, contact NVLSP at the National Veterans Legal Services Program,1100 Wilson Blvd. Suite 900, Arlington, Va. 22209, Phone 202-265-8305, info@nvlsp.org.Larry Dandridge is a Vietnam War wounded warrior, disabled veteran, ex-Enlisted Infantryman, ex-Warrant Officer Pilot, and retired Lt. Colonel. He is a past Veterans Service Officer, a Patient Adviser at the RHJ VA Hospital, the Fisher House Charleston Good Will Ambassador, and the VP for Veteran Affairs for the local Army Association Chapter. Larry is the author of the award-winning book Blades of Thunder and a contributing free-lance writer with the Island News. Contact him at LDandridge@earthlink.net or 843-