Veterans Advocacy Sustains Me
I
often call my children by the wrong names, and if not for the
fact that I am a creature of habit, I probably would not be able
to tell you where I was last Wednesday night. I can tell you,
though, where I was 16 years ago almost to this day…and even
what I was wearing. I was in a conference room in Des Moines,
Iowa, being interviewed by about a dozen people whom I had never
met. I had donned my best outfit (black with tiny white flowers)
and my grandmother’s pearls, and I was sitting down waiting
for that dreaded question whose answer I could not yet
articulate.
The
interview did not start out with the tough question; first I was
lobbed some easy ones. “What do you like least about the
law?” Torts and clients who do not tell the truth.
“What’s the toughest case you have handled so far?” A
fiasco involving the Attorney General’s office, a small
inheritance, and several adult siblings all named for plants.
But the inevitable question finally came, “Why do you want to
work for Legal Services Corporation of Iowa?” I clutched the
pearls and sighed. I knew it was coming, and I had combed my
brain for a good interview answer. But I did not have one. The
truth was, working for legal services is all I had ever wanted
to do, the reason I went to law school. I had no idea then why
that was the case. Despite the fact that I lacked the ability to
delve into the perversities of my psyche on this point, I was
hired.
Now
it is 2004 and again I am asked, “Why do you work for legal
aid?” Fortunately, this time I have a career’s worth of
memories to help me find the words.
When
I signed on at Iowa Legal Aid*, I never
expected that I would become the “veterans attorney.” Back
then, the attorney doing most of the work on behalf of veterans
told me not to worry, as benefits decisions by the Department of
Veterans Affairs were not subject to judicial review. There was
no pesky record to worry about, no rules to learn. Advocates
just made their best argument and that was that. Of course, that
all changed when the Veterans Judicial Review Act of 1988 passed
into law.
The
Act did not change the fact that many veterans still could not
get an attorney to represent them at administrative hearings
because of the $10 limit on attorney’s fees imposed by the
Department of Veterans Affairs. That limit was set shortly after
the Civil War to prevent unscrupulous lawyers from taking
advantage of returning veterans. Unfortunately, the fee limit
has remained in place even after the passage of the Veterans
Judicial Review Act. The $10 limit has prevented many
present-day veterans from securing representation at agency
hearings, where an attorney usually can do the most good.
Therefore, it often falls to legal services to help these men
and women stake their claims.
I
began working for legal aid in Iowa 16 years ago as a realist. I
knew that the pay was lousy and that the clients would often not
be able, or inclined, to express gratitude. I knew that by the
time clients reached my office they were most often desperate,
frustrated, and scared. But with rare exceptions, veterans are
different. They are very grateful and even protective of me.
They are patient, kind, and wise. I have come to find that I
love and respect them more than I ever thought possible.
One
of my first big cases before the VA was brought on behalf of
Sarah. She was a recent widow who came to me a month after her
husband’s suicide, and she wept for much of the time we worked
to get his VA claim for post-traumatic stress disorder approved
posthumously. Sarah had more dignity than I have seen before or
since. She and her son, Terry, were genuinely more interested in
making sure her husband’s story was told than in recovering a
financial reward. Sarah’s perseverance made it possible for
the family to get benefits, and she and her son both used the
money to go to school. Sarah got advanced degrees in art and
rehabilitation, while Terry attended a community college. Terry
served in the Army for a few years and now is raising a family
in Minnesota. Sarah works with the families of individuals who
have suffered brain injuries.
Soon
after that case I met Theo, who served in the Army Rangers
during Vietnam. Theo was quiet and respectful. He stood 6 feet 4
inches tall and maintained his military posture and haircut for
the four years we worked together. Theo had one of the worst
cases of posttraumatic stress disorder I had witnessed, the
result of having done reconnaissance deep behind enemy lines in
Vietnam. Theo was so gentle by nature that he could not stand
the possibility that he might accidentally hurt someone, which
is why, upon his return from the war, he went to live near a
small lake in Iowa where there was no chance he would lash out
at someone during an “episode.” The difficulty with Theo’s
case, as with most others of its kind, was in proving that his
stressor actually happened. I remember standing next to Theo at
the Vietnam Veterans Memorial Wall, painstakingly looking
through each name until Theo recognized the man he had known as
“Slim,” who had died standing next to Theo during a
reconnaissance mission. Sadly, Theo himself died two years ago.
I still miss him very much.
Sometimes,
I am fortunate enough to have a client who stays in my life as a
friend once the case is over, clients like Joyce, who was in the
Air Force and worked on the staffs of various generals. She
developed breast cancer after leaving the service, though it was
missed during her early mammograms, forcing her to undergo two
blistering rounds of radiation and chemotherapy. Joyce literally
lost her home and her middle-class lifestyle during her struggle
but never her determination or her fierce sense of humor. Joyce
is a survivor, and I am proud to call her my friend.
Lung
cancer claimed the life of Harry, who passed away before the VA
recognized his claim for exposure to Agent Orange. Harry served
two tours of duty in two different branches of the military. He
was older than most of my veteran clients. Because of the work
he did near helicopters, Harry was legally deaf and we had to
shout at each other on the phone to be understood. Because of
our work at Iowa Legal Aid, the VA expedited its decision to
grant benefits to Harry’s widow. It is rewarding to me,
because I know there was nothing weighing more heavily on
Harry’s mind.
Just
as important as “why” I work in legal aid is “how” I
have been able to do this work for so many years. The answer
starts with my family. My husband has made it possible by
getting home far earlier than I do and preparing dinner every
night. He has contributed his paycheck faithfully. And he has
tolerated the work I bring home and the second jobs we’ve both
had to take to support our girls and my financially unrewarding
vocation. During my first decade at Iowa Legal Aid, half of my
paycheck went to student loans, the other half to child care.
For 13 years, my husband stayed with the job that he first took
in order to get me through law school just to keep everyone
reasonably fed and clothed. I am very beholden. I can work for
legal aid because I have three brilliant, kind, and quirky
daughters. They dye our poodle pink to make me laugh and give me
perspective when I am tired and overwhelmed by the constant
stream of desperate need I see every day. They are tolerant of
my foibles and the constant fundraisers. I can work for legal
aid because my parents have never traded in their cars when the
time comes to buy a new one but instead have kindly donated them
to me.
I
can stay at legal aid because of the people with whom I am
privileged to work. I am employed by an organization with a
board of directors that tirelessly seeks new sources of funding
and has managed to keep our program free from layoffs. This
leaves us all able to concentrate on our clients rather than on
funding. Everyone at Iowa Legal Aid is indebted to the Interest
on Lawyers Trust Accounts Commission, the Governor, the state
legislature, various United Way agencies, and hundreds of
individual donors who have kept us afloat as an organization. I
stay because my colleagues are the most dedicated, meticulous,
funny, and patient group of people I know. I can succeed at
legal aid because of the local legal community and the other
agencies and organizations that also care about my clients. I
can succeed because of the judges who treat our clients with
courtesy and concern and who treat Iowa Legal Aid with a real
appreciation of the challenges we face. I can succeed because of
the volunteer attorneys in Iowa City, Burlington, Washington,
and Muscatine who answer our pro bono pleas with “Of course we
will help.” I can succeed because of the bar leaders who
donate countless hours and cheerful commitment to the mission of
legal services for the poor. I can succeed because of the
cooperation and compassion that I find for my clients at
schools, child support agencies, veterans organizations, and
hospitals.
Some
memories never fade. It has been 16 years since I sat in that
interview chair. Ask me today why I’d want to do this for a living, and my answer would be much easier to
put into words. I work for legal aid because my veterans need
me, my colleagues inspire me, and my family is always there for
me. I am honored that I have had the opportunity to learn what I
instinctively knew so many years ago.
Jeannette
Keller is a staff attorney at Iowa Legal Aid.
*Legal
Services Corporation of Iowa and the Legal Aid Society of Polk
County Merged to form Iowa Legal Aid on Jan. 1, 2003.
|