UC Berkeley law students champion legal advocacy for veterans facing systemic barriers 

At UC Berkeley School of Law, a group of students is tackling the distinct ― and sometimes shared ― legal issues that confront America's veterans. The Veterans Law Practicum & Seminar prepares the next generation of advocates while making a meaningful impact on the lives of those who have served as the nation's defenders.

"Practicum projects prioritize advocacy on behalf of marginalized veterans, including veterans of color, women veterans, and those experiencing homelessness, criminal legal system involvement, or mental health disabilities.

Projects vary over time, in response to the needs of the veteran community," said Professor Rose Carmen Goldberg, who leads the practicum.

Goldberg described the military as a microcosm of broader societal challenges in the U.S. spanning issues related to housing, immigration and criminal law. "The military provides a unique lens through which we can address critical social justice issues, including sexual assault, racism, and discrimination against LGBTQ individuals," she said.

Ryan Pinch, a 28-year-old law student and former U.S. Navy submarine officer, said he saw the practicum as "a great way to give back to the veteran community while building legal skills."

Pinch said the Practicum had opened his eyes to the myriad challenges veterans can face. "The most surprising thing has been the rate at which veterans are discharged with less than honorable discharges. These 'bad paper' discharges can follow veterans for the rest of their lives and limit access to benefits and services," he said.

Currently, students are working on several projects to advance the rights of Native American service members and veterans.

"I am working on a project analyzing the Native American Direct Loan program that the U.S. Department of Veterans Affairs uses to provide housing assistance to Native veterans on trust land. This program is meant as a substitute for the VA home loan program, but it has significant shortcomings that need to be addressed to better serve Native veterans," Pinch said.

Pinch suggested that if the Department of Veterans Affairs actively engaged with tribal communities and streamlined the procedures for tribal involvement, a significantly greater number of Native American veterans could access this vital support system.

"Unfortunately, this important program is understaffed by the VA and underutilized," he explained. "The VA has not formed the necessary partnerships with many tribes, resulting in the program being out of reach for too many Native veterans."

Preston R. McGarvey, a 31-year-old student and U.S. Air Force veteran, agreed.

"I have been very surprised to learn about many of the significant institutional barriers in place that limit American Indian and Alaskan Native veterans from accessing and utilizing earned VA benefits," he said.

"American Indian and Alaskan Native citizens have the highest rate of military service per capita compared to other groups in the United States," McGarvey pointed out.

One of the practicum's ongoing projects focuses on developing a comprehensive guide on Native American service members' First Amendment rights to sacramental peyote use for religious practices while serving in the military.

"Though this right has been enshrined in law for decades, it is under-recognized and subject to confusion by military branches, putting Native service members' rights at risk," Goldberg explained. "The result of students' hard work will be a first-of-its-kind guide that informs Native American service members of their rights, with step-by-step guidance on how to navigate the religious accommodation process."

Caity Lynch, a 35-year-old U.S. Army Reserve veteran and current student, is dedicated to educating attorneys on the religious rights of Native American service members.

"It makes me wish that I had known a lot more while I was still leading soldiers, and I believe that there are a lot of other military leaders who also want to do the right thing and take care of their junior servicemembers that would benefit from receiving education on these topics as well," Lynch said.