Lawyers in Every Practice Area Can Help Veterans

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Lawyers in Every Practice Area Can Help Veterans

Attorneys in all practice areas are needed to fill the access to justice gap felt by veterans in New York State. That is the message of a recent program sponsored by the New York State Bar Association’s Committee on Veterans in recognition of November as Veterans and Military Family Appreciation Month.

The program featured New York State Veterans Services Commissioner Viviana DeCohen and her Deputy Counsel Benjamin Pomerance who encouraged attorneys to step up and help veterans in their practice and through pro bono work.

“We need assistance in all things legal – from housing and elder law to bankruptcy and family law,” DeCohen said, adding “legal services restore dignity to those we serve.”

“Every one of us attorneys have a role to play in this shared mission. Veterans law touches all areas of practice,” Pomerance said. “We are the ones bridging the access to justice gap for these people who sacrificed for us.”

DeCohen shared her own story as a veteran of the U.S. Marine Corps to the dozens of attorneys attending the event. She was contemplating dropping out of college after losing her scholarship to federal funding cuts. Instead of returning home, she followed her family legacy of military service and joined the Marines which allowed her to continue her education.

“It was the opportunity for me to do what my grandfather did – when he served this country after immigrating,” she said.

DeCohen says there is a wide misconception among those who served that the term “veteran” only applies to those who served in combat or during a time of war. This is false. DeCohen says this untruth is standing in the way of countless veterans being able to access the benefits to which they are entitled.

“We are finding this reality each and every day,” she said. “I got a call recently from a friend in my hometown of Mount Vernon who shared that her father served as a Marine in Vietnam but never applied for benefits. He mistakenly believed that because he wasn’t in combat, he is not a veteran even though he is proud he served – it broke my heart.”

Finding Veterans Hiding in Plain Sight

To combat these myths, DeCohen is implementing outreach programs to find veterans in our communities, including in prison and on college campuses. Her “Faith in Service” initiative connects veterans affairs with clergy looking for underserved veterans in our houses of worship. She encouraged the attorneys in attendance to look for veterans in their communities who may not have applied for benefits.

Deputy Counsel Benjamin Pomerance shared an encounter with a veteran while doing outreach in New York State prisons. The Navy veteran he was helping thought he was unworthy due to an injury and medical discharge during training.

“He was told that he was not a veteran. This story haunted me,” confessed Pomerance. “He was eligible for veteran and disability compensation, yet he was serving time for larceny. So many vets don’t get that benefit because they have the belief that they don’t deserve it.”

Pomerance reminds all attorneys to be a sounding board for veteran clients during the intake process and openly ask them to share their service story which can help identify their legal needs.

Restoration of Honor

The New York State Restoration of Honor Act was signed into law in 2019 which authorizes the Department of Veterans Services to restore access to benefits for those with an other-than-honorable discharge. Attorneys can help veteran clients with this paperwork which can restore access to state benefits.

Generations of veterans were discharged under discriminatory conditions dealing with sexual orientation or gender identity. Others were classified as insubordinate following a traumatic event, military sexual assault or being absent without leave to attend to a family emergency.

DeCohen has made it her mission to personally deliver restoration of honor to these veterans, often driving to their homes to deliver the news. She shared how one elderly man was dishonorably discharged 50 years ago after leaving to attend the birth of his daughter. His wife and daughter were able to witness his dignity restored.

“This is not just restoring benefits for them. From the Bronx to Buffalo, they tell me you just restored my dignity! It’s not a handout, but a hand up and a thank you for the dignity of your service,” she said.

Resources

There are several resources for NYSBA members who want to help.