Kasowitz and Legal Services of the Hudson Valley Win Board of Veterans Appeals Reversal on Behalf of Elderly Veteran Who Had Been Denied Vietnam War-Related Disability Benefits

Kasowitz, in partnership with Legal Services of the Hudson Valley (LSHV), a legal services organization that provides free civil legal services to low-income individuals in the Hudson Valley area, secured a significant appellate victory on behalf of an elderly client who had previously been denied disability benefits by the Department of Veterans Affairs relating to his military service during the Vietnam War. 
 
The client, a Holocaust survivor born in Belarus during World War II, spent his early years in concentration camps and then displaced persons camps with his mother, after his father was murdered.  The client eventually made his way to the U.S., where he became a U.S. citizen by agreeing to enlist in the Air Force during the Vietnam War.  The client’s remaining U.S. military file only lists him as having served in Japan and does not indicate his various temporary tours of duty in Vietnam over a two-year period in 1966-1968.  Because of the lack of any reference in his military file to service in Vietnam, he was repeatedly denied disability benefits for his documented heart condition for which he would be eligible based on presumed Agent Orange exposure in Vietnam.  
 
During a hearing before the Board of Veterans Appeals (BVA) on September 10, 2025, the client testified about his early life during and after World War II, his military service in Japan and his temporary duty tours in Vietnam.  As part of his testimony, the client submitted and described copies of original photographs he took in Vietnam that he had retained all these years, and love letters he wrote to his then-girlfriend (and now wife of fifty-seven years), as well as other corroborating evidence.  
 
On January 8, 2026, the BVA issued a decision in the client’s favor, finding a service connection based on his presumed exposure to Agent Orange while in service in Vietnam.  In recognizing the client’s service in Vietnam, the BVA held that the additional evidence presented was “highly probative” and that his statements were “consistent, [] internally coherent, and [] corroborated by contemporaneous materials created during service rather than decades later for purposes of compensation.”  The BVA specifically noted a photograph showing base signage distinctively written in Vietnamese as well as a letter to his now-wife where the client stated he was in Vietnam.  
 
The Kasowitz team handling this pro bono matter included partner David J. Abrams, Chair of the firm’s Pro Bono Committee, and associate Jillian R. Roffer.  The LSHV team was led by accredited BVA attorney Cheryl A. Beverson. 
 
Kasowitz’s core focus is commercial litigation of all types, complemented by exceptionally strong bankruptcy/restructuring and real estate transactional practices.  We are known for our creative, aggressive litigators and willingness to take on tough cases.  Kasowitz recognizes pro bono work as an integral part of our practice, and we encourage our attorneys at all levels to handle pro bono and other public service matters by representing disadvantaged individuals and nonprofit organizations unable to afford high quality legal counsel.  We represent clients in a wide variety of pro bono matters, with a particular emphasis on immigration, disability rights and gender violence-related issues.  In addition to representing pro bono clients, Kasowitz attorneys serve on the Boards of and are involved in advising numerous community, religious, charitable and other nonprofit organizations.  Learn more about Kasowitz’s Pro Bono Program.
 
Founded in 1967, Legal Services of the Hudson Valley (LSHV) is the only provider of free, comprehensive civil legal services in seven counties across the Lower and Mid-Hudson Valley: Westchester, Putnam, Dutchess, Orange, Rockland, Sullivan, and Ulster.  LSHV’s mission is to ensure access to high-quality civil legal representation for low-income individuals and families and other vulnerable community members who would otherwise face legal challenges alone.  LSHV addresses critical civil legal needs, including housing stability and eviction prevention, domestic violence and family safety, healthcare access, children’s law and advocacy, disability and public benefits, elder law, consumer protection, and more.  In 2025, LSHV handled more than 12,000 cases and positively impacted over 27,000 individuals across all practice areas.