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Students Hear Oral Argument for Case Before the United States Court of Appeals for Veterans Claims

Judge William A. Moorman, Chief Judge
William P. Greene, Jr., and Judge Mary J.
Schoelen (J.D. '93) made up the
three-judge
panel.

September 22, 2005 -- The Burns Moot Courtroom became a real-life courtroom on Thursday when the U.S. Court of Appeals for Veterans Claims heard oral argument in the case of Ramsey v. Nicholson. The event provided law students with the opportunity to witness firsthand an actual appellate case being argued and to learn more about veterans affairs law.

This specialized, independent federal court reviews decisions made by the Board of Veterans' Appeals at the Department of Veterans Affairs--usually on matters of disability and benefits. Less than one percent of cases before the court ever lead to oral argument (estimated at about 12-24 cases a year).

Dean Frederick M. Lawrence emphasized the oral argument was an example of life in the real world. “These are actual judges deciding a real case, you don’t get much better than that,” Lawrence said.

“This puts the end in sight, I see where I’m going with all this,” said Amy Fairchild, a 1L at the Law School, who discussed how programs like these complement her classroom studies.

Todd M. Wesche (LLM ’04) serves as Senior Law Clerk to U.S. Court of Appeals for Veterans Claims Judge Bruce E. Kasold and explained at a luncheon after oral argument that although the court is highly specialized, at times, every type of law comes before the Court.

“The breadth of the legal issues is unexpectedly diverse,” Wesche said.

Wesche is just one of several Law School alumni involved in this field of law. The unique event provided the chance for them to come back to their alma mater and pass on their knowledge and experience to current students.

Judge Mary J. Schoelen (JD ’93) presided over the case, joining Chief Judge William P. Greene, Jr. and Judge William A. Moorman on the three-judge panel. Also present at the event were two additional Court of Appeals for Veterans Claims judges, Judge Robert Davis and Judge Lawrence Hagel (LLM ’83). There are only seven judges appointed to the court.

Michelle Bernstein (JD ’98) began the event with an overview of veterans benefits law and some more information on the Court itself.


Counsel and audience at the event.

Then it was on to the actual oral argument, which lasted about an hour. The case, Ramsey v. Nicholson (No. 05-1314), revolves around the medical condition, tinnitus. Ronald L. Smith, Esq. of Disabled American Veterans represented the petitioners, John R. Ramsey and Robert C. Johnson. The Secretary of Veterans Affairs was represented by R. Randall Campbell, Esq. There is no set time for the court to return its verdict.

Following oral argument, the judges took time for a Q&A session. Judge Schoelen told the students how she first became involved with veterans affairs law as a student at GW Law School working pro bono on several cases.

“Your work is rewarded with actual practice and experience,” Judge Schoelen said. “You interact with your clients and actually argue their cases. The work is incredibly important to them and the experience you get is invaluable.”

Assistant Dean for Student Affairs David Johnson said he hopes this event inspires students to see more oral arguments at courts in the area and to realize just how active they can be in various fields. “This city is chock-full of so many great opportunities and cool things,” he said.

Several local attorneys who represent veterans on a pro bono basis attended the event. Brian Robertson with the Veterans Consortium Pro Bono Program provided students with information on what his group does and how they can become involved. He also talked about the unique trait the court offers to its advocates of its appellants--you do not have to be an attorney to argue in front of the U.S. Court of Appeals for Veterans Claims.

R. Budd Haemer, an attorney at Pillsbury Winthrop Shaw Pittman, wrote in an email to Dean Johnson, “It certainly is heartening to see the large turnout of students interested in veterans appeals.”

Haemer went on to write that he would be interested in finding a GW Law student to aid him in a case that comes before the Court in October. “This could be an excellent opportunity for an interested student to help prepare for an oral argument and sit second chair for me at the Court.”

For more information on any of these opportunities in the field of veterans affairs, please contact Assistant Dean for Student Affairs David Johnson at 202.994.8320 or djohnson@law.gwu.edu

Also, the U.S. Court of Appeals for Veterans Claims posts jobs on its website:

http://www.vetapp.gov/JobOpportunity/ViewJobs.asp



- Claire Duggan