Alumni, VLI Support Better Access to VA Claims Docs
Members of the Stetson Law community are using their expertise to help make it easier for veterans to apply for benefits.
In an amicus brief filed on behalf of the National Law School Veterans Clinic Consortium, they are asking the U.S. Court of Appeals for the Federal Circuit to require the Department of Veterans Affairs to comply with a statute requiring it to provide benefits applications to veterans.
The brief, submitted October 1, supports the petitioner in a request for certification of a class action case involving veterans who do not have access to technology or expertise that would give them a greater chance of securing the benefits they are due. Morgan Zimarakos ’20 and Mary Samarkos ’20 of Stetson’s Veterans Law Institute, along with Vasilios Zimarakos ’20 and Yelena Duterte (University of Illinois at Chicago Law) collaborated on the document.
A potential undue burden
Veterans who submit an Intent to File for benefits receive letters in the mail that acknowledges that the VA has received their submission and refers them to a search engine containing nearly 1,000 forms.
Some may find it challenging to use, while others lack access to the tech that would allow them to access it entirely.
“If the search term used does not produce results, a link to a list of 992 separate entries populates. This list does not provide any information instructing claimants on what each form is used for, or which to submit in their situation,” the brief points out.
Meanwhile, the VA provides clear-cut instructions to staff, including a chart, to help them determine the right form a claimant should fill out based on the benefit sought, the brief notes, and thus can send claimants the correct paperwork.
Advocates for veterans say the current practice violates a law requiring “all instructions and forms” be furnished to veterans claiming benefits.
“Put simply, VA provides its adjudicators with more comprehensive guidance and information concerning these forms than it provides to the claimants required to complete them,” the brief argues.
Better access to support for veterans, families
Stetson Law’s Veterans Law Institute and Veterans Advocacy Clinic are driven to support those who have served in the U.S. Armed Forces as they pursue what is due to them, whether they are seeking pension or disability benefits. VLI and VAC faculty, staff, students, and supporters are thrilled to be part of a robust nationwide community of advocates who share this passion.
This case is a significant example of the challenges veterans face as they seek benefits.
“It is an absolute privilege to work on this case,” said Morgan Zimarakos, interim director of the Veterans Advocacy Clinic. “Although it seems clear-cut to us what the outcome ought to be, it is a clear example of how we can help identify opportunities to better serve veterans.”
Zimarakos said she is proud to be part of a team that includes her husband, Vasilios, as well as Samarkos, both of whom are veterans. All three graduated from Stetson Law in 2020.
She adds that she appreciates the diligence of Duterte, who put in extensive work on the process of filing the brief.
Learn more about Stetson’s Veterans Law Institute.
Post date: Oct. 10
Media contact: Kate Bradshaw
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