Legal Needs of Military Veterans, Servicemembers, and Their Families
Clearinghouse Review
September-October 2009
The September-October 2009 issue of Clearinghouse Review is devoted to legal topics
affecting current and former members of the U.S. armed forces and their families. Below is
the table of contents for this special issue. Each of these articles are available for individual
sale online.
Let Us Meet the Legal Needs of Military Veterans, Servicemembers, and Their Families
by Donald J. Guter
An Introduction to Legal Services and Protections for Military Personnel and Their Family
Members
by Stephen T. Lynch
Clients who have a military connection often get more protection and benefits through laws that
apply specifically to servicemembers. Most military legal assistance attorneys are well versed in
the law—for example, the Servicemembers Civil Relief Act, the Uniformed Services
Employment and Reemployment Rights Act, and the Uniformed Services Former Spouses
Protection Act—as it relates to servicemembers. Legal practitioners should be aware of these and
other laws that focus on servicemembers and seek help from military legal assistance attorneys if
necessary.
Appointment Practice Under the Servicemembers Civil Relief Act: The Duties of CourtAppointed Counsel
by Matthew T. Besmer
A deployed servicemember loses custody of his child in a court action in Virginia even thought
the court has appointed an attorney pursuant to the Servicemembers Civil Relief Act (SCRA) to
represent his interests. The appointed attorney, unable to contact the servicemember at his
stateside address, had withdrawn representation and advised the court to use its discretion in
rendering judgment. Did the appointed attorney properly represent the servicemember? What
duties do SCRA-appointed attorneys owe their clients? What should they do when contact is
difficult or impossible? The SCRA and American Bar Association Model Rules of Professional
Conduct guide attorneys’ proper scope of representation and duties.
Issues Raised by Military Service in the Context of Family Law Cases
By Angela Anderson and Steve Berenson
When handling a family law case involving a party in the military, attorneys should know about
pertinent rules that may be unfamiliar to the typical family law practitioner. These involve
special rules for establishing jurisdiction and service of process to initiate a case; setting up
custody, visitation, family support, and division of a military pension; and using the
Servicemembers Civil Relief Act at any stage of a family law proceeding. With this knowledge,
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an attorney can both advocate better for a military client and know how to observe the special
rights of a military party on the other side of a family law matter.
Five Tips that Pro Bono Attorneys Need to Know When a Servicemember Is a Party to a
Family Law Case
By Duncan D. Aukland
Active-duty members of the armed forces are often able to receive free legal services from
civilian military lawyers and judge advocates, but such services tend to be limited in scope and
rarely involve in-court representation. Many servicemembers need to retain civilian counsel for
civil matters, particularly domestic relations, although such counsel may not be aware of special
concerns in representing military personnel. Five tips may help nonmilitary attorneys represent
servicemembers better and avoid “traps for the unwary.”
A Guide to Military Child Care
By Kelly Hruska
Child care is an essential component of military readiness. The U.S. Department of Defense
operates hundreds of child development centers worldwide, with fees subsidized on a sliding
scale, and has increased the number of spaces available. While demand for care in child
development centers still exceeds supply, Defense Department programs help military families
find and pay for child care in local communities.
What Difference Does It Make If the Client Is a Veteran? None if You Don’t Ask About
Veteran Status
By Mary Ellen McCarthy
By asking a low-income or elderly legal aid client if the client is a veteran, dependent of a
veteran, or survivor of a veteran, those who represent poor, elderly, and disabled persons may be
able to identify monetary benefits and services from the U.S. Department of Veterans Affairs
(VA), and these benefits may help resolve the client’s legal issues. An advocate need not be an
expert in veterans law to identify VA benefits and refer a client to VA for assistance. A quick
screening guide and descriptions of some monetary and health benefits help advocates ask the
right questions and refer clients to resources.
Special Considerations When Representing Military Veteran Clients
By David Ackerly
Assisting disabled military veterans, who risked injury and death in the service of their country,
in obtaining veterans benefits is an honor. Veterans benefit cases involve a slow campaign of
paperwork against an intractable bureaucracy—the U.S. Department of Veterans Affairs (VA)—
unaccustomed to lawyers representing clients. To succeed in veterans benefits practice, attorneys
should learn the different language and culture of the military world and the ramifications of
going to war. Although clients with PTSD (posttraumatic stress disorder) and traumatic brain
injury can be very difficult, getting VA to approve their benefits is very rewarding.
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Advocating Benefits for Veterans
By Barton F. Stichman
The Veterans’ Judicial Review Act of 1988 and the Veterans Benefits, Health Care, and
Information Technology Act of 2006 give veterans the right of judicial review of the U.S.
Department of Veterans Affairs (VA) benefit decisions and the right to hire an attorney to
represent them in VA actions—two rights long denied them. Advocates need to be
knowledgeable about VA disability programs, the ins-and-outs of the VA adjudicatory system,
and the resources for advocates to ensure that disabled veterans get the benefits they need and
deserve.
What the Fowlkes? How the Fleeing-Felon Rules Apply to Veterans
By Dale A. Hauser III
Veterans otherwise eligible for disability benefits from the U.S. Department of Veterans Affairs
(VA) sometimes run into the “fugitive-felon” rule, denying benefits to anyone who is fleeing to
avoid prosecution or confinement and is the subject of a felony warrant. The rule mimics the
fugitive-felon rule enforce by the Social Security Administration and, like that rule, ignores the
statutory requirement of intent. Because of the VA appeals process, no body of case law rejects
VA’s interpretation of the rule. However, a recent Board of Veterans Appeals decision may
herald a change in direction.
Immigration Issues Faced by U.S. Servicemembers: Challenges and Solutions
By Susan E. Timmons and Margaret D. Stock
Noncitizens who serve in the U.S. military face particular challenges in navigating immigration
law on behalf of themselves and their family members. While most of the Immigration and
Nationality Act applies equally to civilians and to military personnel, certain provisions affect
only servicemembers, and less than honorable discharges can have severe immigration
consequences. Noncitizen family members of servicemembers are entitled to certain protections
under immigration laws, but the law’s inflexibility can undermine these protections and weaken
the morale of servicemembers forced to worry about family separation.
A Case for Federal Oversight of Military Sexual Harassment
By Rachel Natelson
Women in military service face epidemic levels of sexual harassment and assault. U.S.
Department of Defense policy is to deal with these matters within the chain of command. While
the U.S. Supreme Court has not spoken on the applicability to servicemembers of Title VII of the
Civil Rights Act of 1964, a consensus has emerged among federal appellate courts that the Act
does not protect uniformed personnel against discrimination. However, the appellate courts’
consensus arguably does not apply to sexual harassment as a form of disparate treatment in
hiring and promotion.
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Employment Law and How the Uniformed Services Employment and Reemployment
Rights Act Protects Servicemembers
By Aloysius F. Rohmeyer and Bruce D. Schrimpf
Employees who leave their jobs to work in the armed forces often cannot regain their jobs or
retain benefits. The Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA) protects such eligible servicemembers. The USERRA requires that the U.S.
Department of Labor assist claimants. Also ready to assist are the Employer Support of the
Guard and Reserve, the Reserve Officers Association, and the local staff judge advocate’s office.
Helping Veterans Overcome Homelessness
By Rick Little and Stacy Garrick Zimmerman
Veterans are twice as likely as the general population to become chronically homeless. Many
resources can help veterans improve their financed and access supportive housing so that they
can have a place to live and can lead healthy, stable lives. Greater availability of tow innovative
legal programs—alternative sentencing statutes and veterans courts—would link at-risk veterans
to life-saving treatment and lower their risk of homelessness.
Using the Transitional Jobs Strategy to Help Chronically Unemployed Veterans
By John Bouman and Kalia Coleman
Iraq and Afghanistan war veterans have substantially higher rates of unemployment than the
general population, and many of their employment barriers are rooted in their military
experience. A “transitional jobs” strategy has helped other groups of people with employment
barriers connect to the workforce and maintain stable employment; if the core elements are in
place, the strategy offers the same promise for veterans. While no dedicated funding stream is
yet in place, a variety of sources could be tapped to support transitional jobs for veterans.
Establishing a Successful Veterans Benefits Project: Two Perspectives
By John S. Anderson and Victor Geminiani
Legal aid programs are well positions to deliver much-needed legal assistance to veterans in need
of representation to secure U.S. Department of Veterans Affairs benefits. Creating a veterans
advocacy project within a legal aid organization can be a great way to leverage resources to serve
veterans optimally. Whether a program receives funding from the Legal Services Corporation or
not, managers should keep in mind a number of special considerations when creating a veterans
benefits project.
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