Vermont Bar Journal, Vol. 40, No. 2 Fall 2015, Vol 41, No. 3 | Page 25
by Katelyn Atwood
Vermont Poverty Law Fellowship
Vermont Veterans Legal Assistance Project
Katelyn Atwood is nearing the halfway
mark of her two-year Poverty Law Fellowship at the South Royalton Legal Clinic.
Atwood’s focus is advocacy for veterans
whose disabilities should qualify them for
VA (US Department of Veteran’s Affairs)
benefits, but who have been denied benefits after their application. Her work is making a difference for veterans with disabilities related to their service.
“The biggest victory, honestly, is preserving appeal deadlines for people,” Atwood said. “Every federal dollar we’re getting for a veteran helps. It can be the difference between living with dignity, housing,
food, and transportation, and security on
one hand, and really having to scramble on
the other.”
Atwood has found negotiating the maze
of the VA system a challenge for the veterans attempting to obtain those benefits
they have earned. Atwood learned that the
VA staff who initially review applications
are not always aware of how federal statute, federal regulations, the VA’s internal
policies and procedures, and federal case
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law apply to her clients.
“For example, the Office of General
Counsel issues precedent opinions that
are binding on the agency,” she said. “But
the people who review the applications,
and even lawyers from the Office of General Counsel do not necessarily know what
those opinions say. The ratings adjudicators
who get a first look at a veteran’s disability application are often not law trained, so
we usually see cases where the applicant is
clearly eligible, but they were still denied.”
Atwood reflected on one case in particular where the disability claim was based
on Post Traumatic Stress Disorder resulting
from military sexual trauma. The claimant
received an honorable discharge from active duty service and then was discharged
from service under circumstances that were
less than honorable.
“The rules and precedential opinions are
perfectly clear that it is an active duty discharge that matters when determining eligibility for disability benefits, but the VA
denied the veteran’s claim because of the
later less than honorable discharge,” At-
THE VERMONT BAR JOURNAL • FALL 2015
wood said. “They got it wrong.”
“One of the best things is that we now
have a roster of attorneys in Vermont who
want to do this work,” Atwood said. “If any
attorney ever wanted to partner with me
on a case so they can learn how to do it,
call or email me.”
In addition to providing direct legal services to clients, Atwood supervises Vermont Law School students working at the
South Royalton Legal Clinic as they learn
how to practice law in this area.
Atwood is also an active member of the
National Law School Veterans Clinic Coalition, and has volunteered her time planning a national conference dedicated to
representing clients in the VA system for
November 2015. Her fellowship will run for
another year, until September 2016.
Katelyn Atwood can be reached at the
South Royalton Legal Clinic or by emailing
[email protected].
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