By JODI SOKOLOWSKI
Buffalo Law Journal

A Marine returns home after serving in Iraq to find that his post-traumatic stress disorder has exacerbated problems in an already stressed marriage and is now facing a divorce and a dispute over child custody.

The spouse of a World War II veteran with dementia who lives in a nursing home needs to secure guardianship so she can complete a health-care proxy form.

Both scenarios are becoming more common as service members and veterans are confronted with legal needs. And while the U.S. Department of Veterans Affairs has a legal department to defend itself against veterans' claims, there is no organized program to advocate for veterans and service members with nonmilitary legal issues.

Jennifer Stergion, a Buffalo solo practitioner, wants to change that by creating a standing committee on veterans' and service members' legal issues within the Bar Association of Erie County.

The committee would establish a referral list of area lawyers who are available to handle cases, if needed on a pro bono basis, ranging from matrimonial to benefit claim-denial appeals. It would also raise awareness about appropriate resources for servicemembers and veterans and refer them to those services.

"Right now we have a shotgun effect where there are a lot of services out there, but not one place to contact," Stergion said. "This would get them to the right people."

Bill Breenan, counsel to the New York State Division of Veterans affairs, said when veterans advocacy organizations were established, such as the Veterans Administration in 1930, they weren't designed for modern-day legal needs.

Stergion's proposal has the support of local, state and national groups including the Batavia VA Medical Center's Post Traumatic Stress Disorder Clinic peer group, the state Veterans of Foreign Wars, and the Veterans Consortium Pro Bono Program in Washington, D.C.

Growing need, growing backlog

Patrick Welch, director of Erie County Veterans Services, said the legal referral network will complement the Four Pillar program that he and U.S. Army Reserve Lt. Col. Terry McGuire, who served in Iraq, created to bring government agencies, businesses, unions, nonprofits and educational institutions together to help veterans transition back to civilian life.

"We're trying to duplicate what happened after World War II when 16 million veterans returned home and built the greatest economic power in the world," Welch said.

Vets come to his office seeking assistance with applying for local social services or filing benefit-denial claims with the national Veterans Court of Appeals. His office files between 15 and 20 claims a month. Meanwhile, there's a backlog of about 6,000 veterans' claims against the government, said Welch.

"The Department of Defense and the VA system is getting overwhelmed, and the VA will get more overwhelmed in the near future," he said.

Roman Fontana, a Marine veteran who served in Iraq, said he's seen that soldiers suffering from combat-related physical and mental ailments often don't seek help because of pride and that even if they do, it's difficult to qualify for veterans' benefits.

"The VA hasn't gotten the money they need to treat the problem, so they triage the care," said Fontana, a lawyer at Mattar D'Agostino & Gottlieb LLP.

As a result, veterans may find themselves charged with criminal acts such as DWIs or domestic violence because of frustration, he added. "It's all part of the snowball effect which occurs as a result of these types of trauma," he said.

However, Buffalo City Court's Veterans' Treatment Court in Buffalo has made headway in such cases, giving veterans who are charged with crimes an opportunity to obtain needed services and correct their behavior. The court, under the guidance of presiding judge Hon. Robert Russell, has received state and national attention and is being considered a model across the state and nationally.

Still on the table

While the Bar Association's board of directors agreed after hearing Stergion's presentation Tuesday that the project is worthwhile, incoming President Giles Manias said there are structural issues that need to be worked out before a committee is formed.

"No one at the table didn't think it's a good idea, (but) as a professional association, we have to make sure it's put into a proper frame and structure," Manias said. Chances are good that the measure will be approved once logistical concerns are addressed, he said.

Stergion believes it's appropriate for the legal system to help those who have secured and maintained Americans' freedom.

"It's their blood and their sacrifice that built the legal system that we have," she said.