June 14, 2019

Guest column Jennifer Dieringer: Celebrate Memorial Day by finding new ways to support veterans

By: Jennifer Dieringer
Daily Hampshire Gazette
Published May 27, 2019

Memorial Day, a time to honor the men and women who died while serving in the U.S. military, should also be an opportunity to reflect upon how we as a community support our veterans.

The veterans in our region are fortunate to have access to outstanding health care, including psychiatric, substance abuse, and post-traumatic stress disorder services, at The Edward P. Boland VA Medical Center in Leeds, which just marked the 95th anniversary of its opening as the first veterans’ neuropsychiatric hospital in the country.

Adding to the distinguished “firsts” at our VA Medical Center is the commonwealth’s first Veterans Medical-Legal Partnership. This innovative new program was established by Community Legal Aid, Hampshire County’s free legal services provider, with a three-year grant from The United Way of Hampshire County and the collaboration of the VA Medical Center.

Forty-one percent of veterans have mental health conditions, including depression, PTSD, traumatic brain injury and substance use disorder. Female veterans who have experienced military sexual trauma are nine times more likely to develop PTSD than women in the general population who do not have a history of sexual assault. The percentage of veterans who have at least one disability is double that of non-veterans. Many health issues experienced by veterans are connected to their service.

We as a society are increasingly aware that underlying many mental and physical health problems of veterans are civil legal issues that desperately need resolution. When civil legal needs are left unmet, they perpetuate poor health outcomes and health disparities.

The need for specialized medical-legal partnerships within the veterans’ health care system is clear. A 2017 survey revealed that half of the top 10 unmet needs for homeless veterans required legal assistance. Many of the more complex social factors affecting veterans’ housing, health and well-being can be overcome with legal assistance, such as obtaining and maintaining veterans’ benefits in order to create financial and health stability; securing discharge upgrades which in turn allows veterans to access a range of benefits; defending against eviction and foreclosure and obtaining safe and affordable housing, thereby avoiding homelessness; and securing personal safety through restraining orders and resolution of family law matters. Community Legal Aid’s attorneys specialize in the very areas of civil law that most impact veterans, and are therefore uniquely equipped to help them navigate these often complex areas of law.

Manuel Ramos and another local veteran are two examples of the positive impact of this innovative partnership.

Mr. Ramos, recently featured in a Gazette article, is a U.S. Navy Reserve member who served in Afghanistan. Injuries sustained during his service left him permanently disabled and he was advised to begin the process for a medical separation. Without his military income, he was unable to make mortgage payments on his South Hadley home. The lender began the foreclosure process, despite the expectation that Mr. Ramos’ VA disability compensation would be sufficient to cover his mortgage payments. Mr. Ramos’ CLA attorney successfully advocated to halt the foreclosure process until a determination was made on his disability claim. Shortly thereafter, the disability claim was approved and the CLA attorney negotiated a loan modification, leaving Mr. Ramos with an affordable monthly mortgage payment and enough money left over to begin some home improvements.

In a case that raised legal issues specific to the veteran population, another officer stationed in Germany, began struggling with a serious, undiagnosed mental health condition shortly after his second enlistment. This disability interfered with his ability to do his work and he was discharged “under other than honorable conditions.” This status rendered him ineligible for housing, financial and medical benefits through the VA. Without this support, he struggled to navigate life with his disability and was intermittently homeless.

Community Legal Aid believed that the status determination was in error, and requested a formal determination of status, which resulted in a redetermination that his first term of service was, in fact, honorable. As a result, the man is now eligible for VA medical care and housing and financial assistance.

It is clear, just one year into Community Legal Aid’s collaboration with the VA Medical Center, that the work CLA does to solve veterans’ civil legal problems improves their physical and mental health. We should celebrate Memorial Day by continuing to find new ways to help our Veterans thrive.

Jennifer Dieringer of Northampton is Community Legal Aid’s managing attorney for Hampshire, Franklin, and Berkshire counties. Community Legal Aid, a nonprofit organization, is dedicated to improving the lives and of low income and elderly people through legal assistance that protects fundamental rights, secures access to basic needs, and challenges policies and practices that harm our clients.