The Never-Ending Battle

SITUATION

When Weil, Gotshal & Manges LLP's Dion Messer and Edward Reines learned of Vietnam veteran Leroy Comer's 20 plus year struggle to receive VA disability assistance for his post-traumatic stress disorder, the two attorneys knew that they had found a client and a case worth fighting for. Taking on Comer's case pro bono, Messer and Reines secured a significant victory in the US Court of Appeals for the Federal Circuit than not only promised Comer his full benefits but also set an important precedent for the 800,000 veterans who apply for benefits annually.

At a time when an increasing number of veterans are applying for benefits from conflicts in Iraq and Afghanistan, the problem is only projected to get worse-wreaking havoc on the already difficult lives of wounded veterans and their families.

OUR SOLUTION

In a series of in-depth interviews with Messer and Reines beginning in January 2009 and subsequent research, Hellerman Baretz crafted a pitch regarding Comer's case and the fact that it was emblematic of the enormous and profound problems in the VA system.  HBC then began working with reporter Ken Olson of the American Legion Magazine, the charter publication of the American Legion, a veteran's organization with nearly 3 million members.  Olson's work took him to Crockett, Texas, where he conducted in-person interviews with Comer, Messer, and others involved in the case.

RESULTS

A three-part feature-length series published in the magazine's June, July, and August 2009 issues.  Detailed and striking, the series uses Comer's story as a cornerstone to narrate veterans' struggles to fight the system for benefits.  Even more remarkable and important - the article series prompted a Congressional hearing, and soldiers featured in the article were asked to testify.

The hearing highlighted the importance of overhauling the disability claims processing system, both to eliminate the backlog of unresolved cases and address the sub-par treatment of veterans who apply for benefits.  Less than a week later the House passed H.R. 3082, a monumental bill that marked an increase in VA funding and $48.2 billion in advance appropriations for VA medical services,  support, and facilities.  Furthermore, additional funds were allocated for mental health services and homeless veterans, to provide vital support for veterans like Leroy Comer.