Non-adversarial Approaches to Veteran's Legal Issues

There is a legitimate concern that legal efforts on behalf of veterans may result in a new cottage industry for attorneys.  It is understood that despite congressional efforts, the veterans benefits and entitlements process is adversarial.  Still, some approaches to resolve veterans legal issue are likely to perpetuate the adversarial system.

Pro-bono law clinics are a great advantage to both the civilian community, military families and students.  But it is clear that some attorneys may wish to be paid fees for services, deducted from the veteran's entitlement.  Furthermore it is clear that veterans are entitled to representation...in adversarial and non adversarial cases.  It is their civil right to representation.  Strange that those charged with crimes are entitled to an attorney free of charge.  Why not share such entitlement with veterans in a manner that may result in ongoing improvement of the discharge process and veterans assumption of benefits and entitlements?

What if enlistees could learn to advocate for their fellow soldiers and sailors who have been discharged?  This may bridge the DoD and the Veterans Affairs so that they may work in sync to improve (1)  The collection and maintenance of medical records from enlistment to discharge  (2)  Provide an additional pathway to solvency for the appeals process  (3)  Lend opportunity to enlistees to acquire a new and needed skill to serve our country  (4)  Seek improved protocols to serve our military families (5) and track service related harms and injuries.

Following is an approach that may both resolve the need for veterans legal assistance while providing a less adversarial approach to representation:  We would like to explore the possibility of the DoD installing an additional Military Occupational Specialty or function of the General Counsel to serve veterans as trained attorneys or advocates.  Such installment could result in a better understanding and greater efficiency for veterans and the VA and could benefit from the established network of veterans service organizations.

Furthermore, with todays technology, it is possible to create a digital record of health and service from the moment of enlistment on.  Such data would enable us to cross-reference service-related injuries with others, track and trace health issues related to service and distinguish between those that are not service related.

What are your thoughts on more complete record keeping from the moment of enlistment, new MOS specializing in veterans issues or new installments for the General Counsel and legal clinics for military families?  Perhaps all should be considered as components of a more comprehensive approach to resolving veterans legal issues.


Tara Sue Clark
Executive Director
Veterans Foundation Inc.