In September, Antonin Scalia Law School’s 鶹Ƶ Veterans and Servicemembers Legal Clinic (M-VETS) advocated for a 鶹Ƶ alumnus and U.S. Air Force veteran before the Department of Veterans Affairs (DVA) Board of Veterans’ Appeals (BVA).
The hearing involved a 2019 claim for secondary service-connection for a nerve injury, or radiculopathy, in the client’s right leg, which an administrative law judge heard after five years of litigation with the DVA. Scalia Law student and student advisor Anthony (Tony) Mancini conducted the hearing under the supervision of M-VETS director Timothy M. MacArthur.
M-VETS originally filed the claim on behalf of the alum who had injured her lower back while loading a KC-135 aircraft during Operation Southern Watch in Saudi Arabia. After her discharge from service, the veteran was service-connected for degenerative disc disease of her spine, and with the assistance of M-VETS, the DVA granted service-connection for her left leg radiculopathy but denied it for the right leg. As a result, M-VETS filed a brief before the BVA and requested a personal appearance to argue the matter before the judge.
Due to the lengthy litigation of this issue, many M-VETS student advisors worked on the matter during their time in the clinic.
“This entire process has been an invaluable experience that goes far beyond anything I could have learned in a law school classroom,” said Mancini of the opportunity. “I am proud that I was a part of an organization that works for the people who have selflessly sacrificed in the service of their country.”
MacArthur said Mancini did a great job advocating for the client. He conducted a pre-hearing informal conference with the judge, presented an opening statement, performed a direct examination with our client, and delivered a closing argument.
“At certain points during the hearing, the judge posed questions to Tony regarding the case and evidence presented, and Tony was able to respond to those questions and further our client’s arguments,” said MacArthur. “At an informal post-hearing conference, the judge provided positive feedback to [Mancini] regarding his performance and preparation for the hearing, which was valuable to Tony’s development as a future attorney,”
Regarding the assistance she received from M-VETS, the client stated, “I am truly grateful to Mr. MacArthur and Mr. Mancini for their guidance and for taking my case. Their representation was not only exceptional, but it also reflected the most up-to-date practices of the learning-teaching environment, which gave me great confidence throughout the process. I could not have been more pleased, and I know Tony will go on to become an outstanding lawyer. This meant so much to me and my family.”
M-VETS continues to represent the George 鶹Ƶ alum while awaiting a decision by the BVA judge on the contested issue.
M-VETS enables students to assist active-duty members of the armed forces, their families, and veterans in a wide variety of administrative, litigation, and nonlitigation matters. This includes appeals of denials of Department of Veterans Affairs disability compensation and educational claims, representation before the Board of Veterans’ Appeals and Court of Appeals for Veterans Claims, applications for discharge upgrades or military records correction before the Boards for Correction of Military Records and Discharge Review Boards.
“Being an M-VETS student advisor over the past two semesters has made me a better litigator for the future. For that, I am grateful,” said Mancini, who is working at the U.S. Court of Appeal for Veterans Claims as a judicial intern this fall.