Law student represents combat veteran at Board of Veterans’ appeals hearing

Katarina Benson — Mon, 16 Jun 2025 21:02:48 +0000

Law student represents combat veteran at Board of Veterans’ appeals hearing Katarina Benson Mon, 06/16/2025 - 17:02

In May, a �鶹��Ƶ law student, working with the �鶹��Ƶ Veterans and Servicemembers Legal Clinic (M-VETS), advocated for a U.S. combat veteran before an administrative law judge at a hearing before the Department of Veterans Affairs (DVA) Board of Veterans’ Appeals (BVA).

From left, M-VETS Client Richard Fahlman, Student Advisor Samantha Hargis, and M-VETS Director Timothy M. MacArthur. Photo provided

Founded in 2004, the M-VETS clinic enables Antonin Scalia Law School students to assist veterans, servicemembers, and their dependents with military/veteran/DVA administrative matters, including disability compensation and educational benefits appeals, discharge upgrades, and Boards for Correction of Military Records matters.

This case centered on a veteran’s 2016 claim for an increased rating for a service-connected disability resulting from an improvised explosive device attack in Afghanistan, which led to the veteran’s medical separation from the Army.

Originally, Army veteran Richard Fahlman received a 20% rating for his injury, but based on new medical evidence, M-VETS filed a request in 2019 to increase this rating to 40%. The DVA initially denied the request. Had the 40% rating been approved, Fahlman would have been medically retired and received all the benefits accompanying that status, including much-needed health care. In response to the DVA’s rejection, M-VETS filed a motion alleging a Clear and Unmistakable Error (CUE).

“I’m glad our client reached out to M-VETS, and we could advocate on his behalf at this hearing,” said M-VETS Director Timothy M. MacArthur. “Our position was that the decision review officer had made a CUE error, contradicting federal law and regulatory standards.”

Many Scalia Law students, called student advisors at M-VETS, worked diligently on behalf of the client during case preparations. Student advisor Samantha Hargis was chosen to conduct the hearing under MacArthur’s supervision.

“Working on this matter for our client was an incredible opportunity,” said Hargis, who graduated from George �鶹��Ƶ with a JD in May. “I am deeply grateful to the student advisors who came before me and laid a solid foundation for our argument at the hearing, our client for his commitment and collaboration throughout the process, and my supervising attorney for his invaluable guidance and support.”

“Ms. Hargis did a phenomenal job arguing the motion and presenting evidence during the hearing,” MacArthur said. “Sam conducted a pre-hearing conference with the judge, delivered an opening statement, conducted a direct examination of our client, and delivered an impactful closing, effectively arguing our position.”

MacArthur said the DVA benefits process allows M-VETS student advisors to gain practical experience in a nonadversarial setting, while providing valuable pro bono services to veterans.

“Mr. MacArthur and Ms. Hargis put their heart, time, and soul into developing my defense, and I couldn’t have asked for a better legal team. Without M-VETS, combat veterans like me wouldn’t have a voice,” Fahlman said.

M-VETS continues to work with the veteran while the hearing outcome is pending.

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M-VETS secures honorable discharge for USMC combat veteran

Colleen Rich — Mon, 08 Jul 2024 17:10:43 +0000

M-VETS secures honorable discharge for USMC combat veteran Colleen Rich Mon, 07/08/2024 - 13:10

The �鶹��Ƶ Veterans and Servicemembers Legal Clinic (M-VETS) at �鶹��Ƶ successfully argued a claim before the Naval Discharge Review Board seeking an Honorable conditions discharge for a United States Marine Corps (USMC) combat veteran.

The first clinic of its kind at any law school in the United States of America, M-VETS provides free legal representation to active-duty servicemembers, veterans and their dependents while offering law students at the Antonin Scalia Law School the opportunity to receive supervised, practical legal experience by advocating for those who serve or have served in our armed forces.

M-VETS filed the application with a supporting brief and exhibits on behalf of the veteran in 2022 and recently secured an Honorable conditions discharge. The successful application will allow the veteran to access long-overdue medical treatment and Department of Veterans Affairs disability benefits.

The veteran served on active duty in the USMC from 2004 to 2007 as a rifleman. During his service, the veteran deployed twice to Iraq; the first deployment occurred in 2005, and the second was to Fallujah from 2006–07, where the veteran earned a Combat Action Ribbon. The veteran suffered from injuries due to combat, which led to self-medication to soothe the symptoms of post-traumatic stress disorder and a traumatic brain injury. As a result, the veteran was discharged under Other than Honorable conditions despite both conditions being diagnosed during service. This discharge characterization prevented the veteran from accessing medical treatment and disability benefits.

“I’m glad the veteran reached out to M-VETS, and we were able to assist with this issue,” said M-VETS Director Timothy M. MacArthur. “Our client served honorably in the USMC, and to correct this injustice was a fantastic result.”

MacArthur said that the veteran had not been eligible for disability benefits due to the discharge characterization and has carried the stigma of a discharge with less-than-honorable conditions. “The stigma has been removed, and the veteran can use those hard-earned benefits due to the honorable conditions discharge,” he said.

“Throughout M-VETS’s representation, student advisors Liz Faris and Doug Boyle assisted with the client’s matter. They truly believed in this veteran’s cause, and I appreciate the time and effort they put into this case,” MacArthur said. “Both student advisors did an incredible job, and their hard work paid off.”

“It was a great experience working with this client, and I learned a lot while working on his case,” said Faris, JD ’23. “He fought and sacrificed for this country during his time in the USMC and deserved a discharge designation that reflected his service. I’m so glad that [the board] agreed and that he can now access the resources he deserves.”

M-VETS assists veterans, servicemembers, and their dependents in a variety of civil matters, including uncontested divorces, landlord/tenant matters, consumer protection, and contract disputes, as well as in military/VA administrative matters.

Learn more about M-VETS clinic

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Law student represents combat veteran at Board of Veterans’ appeals hearing

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M-VETS secures honorable discharge for USMC combat veteran

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