This comprehensive book is accessible to lawyers and students with military experience and those interested in representing military troops or veterans. It includes a chapter on establishing a military law clinic, including a sample forms, a sample syllabus, and general information about starting and maintaining a clinic. It also features substantive law sections on the military physical evaluation board proceedings, traumatic service group life insurance appeals, veterans' benefits appeals, appeals before discharge upgrade boards, the Feres doctrine, the Service Members Civil Relief Act, and others. It incorporates excerpts from relevant cases and a series of discussion questions and problems for each area of law.
"This Manual addresses a practice area of great importance to hundreds of thousands of individuals who have served in the United States armed forces, but are often denied the title of "veteran" and excluded from the benefits and services usually offered to veterans"--
Veterans Affairs Law is the first and only doctrinal text in the field of veterans affairs. This text employs the case method to explore the primary benefits available to military veterans and their families, the procedures by which claims for benefits are adjudicated, and the availability of representation to those seeking benefits. Targeted towards law students and practitioners alike, Veterans Affairs Law encourages and challenges readers to focus on the policy rationales that have driven the evolution of veterans affairs law in the United States, to consider how those rationales impact the outcomes of borderline cases, and to identify situations in which legal change may be required.
Ben Quilty Troy Park, after Afghanistan 2012 Oil on linen 190 x 140 cm Australian War Memorial, Canberra Collection of the artist � Ben Quilty______________________________________This is the only book devoted to the law on veterans' entitlements and military compensation in Australia. The book comprehensively annotates the Veterans' Entitlements Act 1986 (VEA) and, in this third edition, for the first time annotates the new unified military compensation scheme introduced by the Military Rehabilitation and Compensation Act 2004 (MRCA).The third edition covers all of the recent major reports into the veterans' law and military compensation system and includes annotations of all relevant High Court, Federal Court and Administrative Appeals Tribunal decisions on the two Acts. The book is an invaluable reference for all those assisting veterans to obtain their entitlements to the pensions and benefits available to those who have served their country - be they ex-service organisations, tribunal members, legal practitioners or Departmental officials.Highlights of the third edition include:a new section of the book discussing the cases on the application of Statements of Principles under the two Acts;comprehensive annotations of complex issues under the VEA, including qualifying service, special rate of pension, GARP, allowances, standards of proof and review of decisions;annotations and commentary on issues under the MRCA, including liability for compensation, incapacity, permanent impairment, death benefits, and transitional arrangements for previous schemes;the interaction between the VEA and the MRCA; andappendices which include an amendment history of the VEA and of the MRCA, an index of MRCA legislative instruments, discussion of defence honours and awards, and war grave eligibility.
This volume of Federal Veterans Laws, Rules and Regulations (FLVRR) first published in 1999. It is designed to make it economically possible for all advocates to have the latest version of statutes and regulations that govern the adjudication of claims for VA benefits.
Approximately 4 million U.S. service members took part in the wars in Afghanistan and Iraq. Shortly after troops started returning from their deployments, some active-duty service members and veterans began experiencing mental health problems. Given the stressors associated with war, it is not surprising that some service members developed such mental health conditions as posttraumatic stress disorder, depression, and substance use disorder. Subsequent epidemiologic studies conducted on military and veteran populations that served in the operations in Afghanistan and Iraq provided scientific evidence that those who fought were in fact being diagnosed with mental illnesses and experiencing mental healthâ€"related outcomesâ€"in particular, suicideâ€"at a higher rate than the general population. This report provides a comprehensive assessment of the quality, capacity, and access to mental health care services for veterans who served in the Armed Forces in Operation Enduring Freedom/Operation Iraqi Freedom/Operation New Dawn. It includes an analysis of not only the quality and capacity of mental health care services within the Department of Veterans Affairs, but also barriers faced by patients in utilizing those services.
The 2023-2024 edition of the Veterans Benefits Manual has been thoroughly updated with the important developments in veterans law over the past year. The most significant new information in this edition of the Manual involves the numerous changes in law made by the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022—one of the greatest expansions of veterans benefits in U.S. history. -- LexisNexis
The newest edition of the leading casebook in the field of veterans law features almost a third new cases and new sections on emerging issues to support theory-based classroom instruction and practice-based clinical teaching. This edition includes comprehensive updates and new materials on topics including Gulf War claims, class actions at the Court of Appeals for Veterans Claims, and the Appeals Modernization Act. The cases focus on those most influential on practice at the CAVC and the Board of Veterans' Appeals, while the notes and questions support discussions of descriptive and normative theory. The overall approach is to compare how veterans law handles issues common to related areas, such as torts, evidence, administrative law, and civil procedure. It further examines whether the differences can be explained by veteran-friendly doctrines, administrative considerations, or historical inertia.
Honor Bound is an intriguing book that explains the law of war and the inside story of military commissions. The author is a former JAG lawyer who served on the prosecution team, worked in Guantanamo Bay, and was legal advisor to an elite team of war crimes investigators. Through a series of entertaining vignettes, Rotunda discusses and analyzes the laws governing the war on terror, the Geneva Conventions, and the laws related to detainees held in Cuba. Readers will look at Marine Corps training in Quantico, Virginia; learn about Gitmo's detention camp through the author's experiences with real detainees and real interrogators; travel the globe with "terrorist hunters" following investigatory leads; see what went wrong in Gitmo and with the military commissions; meet Private Jessica Lynch; and learn about laws that protect the combat wounded. Scholarly and informative, this book is also a fascinating and engaging read. "This eye-opening inside account must be read by everyone who cares about balancing national security and human dignity." -- Alan M. Dershowitz, Harvard Law School Professor and author of Finding Jefferson "Honor Bound is an engrossing, first-hand account of military justice in an age of terrorism and what it takes to defend liberty as a JAG officer today. And though [Major Rotunda] pulls no punches where criticism is due, she (and we) can be justly proud of the underlying integrity of our military services and the honor-bound system of our men and women in uniform." -- Edwin Meese, Former U.S. Attorney General "Kyndra Rotunda's book, Honor Bound, is not only an interesting and well-written account of her experiences as a military lawyer, but reveals the surprising facts behind the Guantanamo Bay detainee stories, the problems with recent War Crimes prosecution trials and a host of other facets of the War on Terror." -- Professor Joyce Malcolm, George Mason University Law School "While not everyone will agree with this well-argued book's conclusions, anyone wishing to understand the upcoming detainee trials will want to read this fine account." -- Professor J. Peter Pham, James Madison University and Director of the Nelson Institute for International and Public Affairs "This book was a page-turning eye-opener for me. No American should miss the opportunity--and responsibility--to read it. Bravo!" -- Theodore B. Olson, Former Solicitor General of the United States, Former Assistant Attorney General, Office of Legal Counsel, Department of Justice, and partner at Gibson, Dunn & Crutcher "A thrilling account." -- James L. Swanson New York Times bestselling author of Manhunt: The 12-Day Chase for Lincoln's Killer "This book is must reading for anyone interested in understanding what really happened in the treatment of detainees at Guantanamo." -- Prof. Robert F. Turner Co-founder, Center for National Security Law University of Virginia School of Law
