Davis Polk lawyers have provided pro bono support to American military veterans for many years, with a focus on administrative appeals concerning benefits. We have recently expanded this initiative through a new partnership with the Veterans Consortium – our lawyers are handling disability benefits appeals before the U.S. Court of Appeals for Veterans Claims (CAVC) and discharge upgrade applications on behalf of veterans suffering from mental illness.

Our most recent case was the representation of a Korean War veteran with a medical disability stemming from exposure to herbicides (including Agent Orange) during his service overseas. Although our client knew he had been exposed to Agent Orange while stationed in Korea and an independent medical opinion concluded that his medical issues were more likely than not the result of herbicide exposure, the Department of Veterans Affairs (the VA) denied his application for service-connected disability compensation.

After taking on his case, a Davis Polk team examined our client’s extensive VA file and discovered a Toxic Exposure Risk Activity (TERA) memo issued years prior by the VA confirming his Agent Orange exposure; our client had not known that this document existed. With this new finding and the previously provided evidence, the Davis Polk team submitted an appeal to the VA in support of our client’s claim that he was deserving of disability compensation. Recognizing its error, the VA proactively issued a new decision, eliminating the need for our client to appear before the CAVC (as is standard procedure). In recognition of his service-connected disability, our client is now receiving compensation – a life changing result.

Due to a wide variety of reasons, including the strain caused by living with or seeking treatment for medical issues, coordinating benefits with the VA and sorting through extensive records can be a challenge for veterans and their families, especially the elderly.

The Davis Polk team included Chief Pro Bono Counsel Amelia Starr, associates Matthew Cutts, Emily Grabow Yorke, Dan Peck and Nancy Regan and Pro Bono Paralegal Angelica Matoske.

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