Monday November 12, 2007

Students have lots of reasons why they come to law school. But one of the most frequently cited reasons is the desire to help people in need. Many people realize that attorneys have tremendous opportunities to use their training for good and to speak up for those who cannot speak for themselves.

At University of Detroit Mercy School of Law, we encourage our students not to lose their idealism while they are making their way through law school. And one of the best ways to reinforce that desire to help is by giving students a real opportunity while in law school to help others.

Our clinical programs do just that. We now have seven different clinics here at UDM School of Law, helping senior citizens, refugees, and a wide range of indigent people. You may have seen the stories a few months ago in The Detroit Free Press as well as in USA Today about our new clinical program which addresses the needs of veterans.

I have been overwhelmed by the response to this program. Within two weeks of our announcement, we were inundated with requests for assistance from more than 200 veterans. And veterans in need of our help continue to contact us.

Rather than speaking generally, let me share with you the stories of three veterans who recently came to the Veterans’ Clinic:

1. Client's home was in foreclosure and was scheduled for Sheriff Sale on May 9, 2007. He fell behind in his mortgage when his wife lost her job in 2006. The bank also sought to repossess his car as he was four months behind on his car payments. He was facing these significant financial problems while waiting for his VA benefits during the past five years.

The Veterans’ Clinic saved the client’s home and car through its intervention. The Clinic stopped the foreclosure and sheriff sale by negotiating a workout of the defaulted mortgage through a forbearance agreement with the lender. We also negotiated a workout of the car loan through an agreement which enabled the client to keep the car by resuming his monthly payments. The Veterans’ Clinic is currently representing the client before the VA for his disability benefits.

2. Client served in Vietnam as a leader of a helicopter medical unit. He flew on more than 50 missions to treat and transport wounded solders. Following the New York terror attacks he began to experience flashbacks, insomnia, uncontrollable rage, and depression. He could not fall asleep without having a loaded pistol with him in bed. VA denied his claim to an increase in VA disability ratings based on Post-traumatic Stress Disorder. He previously had been receiving a 30 percent disability for a skin condition caused by agent orange exposure.

We represented the client in his VA disabilities case to increase his ratings. We also asserted that he should receive the equivalent of 100 percent ratings award based on his inability to work due to his mental disabilities. We successfully obtained the equivalent of a 100 percent ratings award based on a finding that the client was totally disabled from working. We increased his award from approximately $300 per month to more than $2,600 per month.

3. Client was a paratrooper and served in the Army from 1971 to 1975. He was injured in a parachute jump. However, there is no documentation in his Army records that he visited the infirmary or received any medical treatment. His claim for his back injury was denied. Client recently was able to obtain a letter and affidavit from an Army medic who treated him for the paratrooper accident. The letter/affidavit describes how the Army medic was at the drop zone and witnessed the parachute accident; client was unconscious. However, when he regained consciousness, against the medic’s advice and although complaining of extreme pain, client said that he would continue with the mission. The medic wrote that client “… was more afraid of losing his jump wings than of the state of his condition” and that he “sucked up the pain and completed the mission like any good paratrooper would do.” This affidavit by the medic will constitute new and material evidence which will allow the client to reopen his claim for disability benefits for his back injury.

If you are interested in learning more about our veterans and other clinical programs, please contact Prof. David Koelsch at koelscdc@udmercy.edu.