38 USC 5906 - Availability of legal assistance at Department facilities

U.S Code last checked for updates: May 04, 2024

§ 5906.

Availability of legal assistance at Department facilities

(a)

In General.—

Not less frequently than three times each year, the Secretary shall facilitate the provision by a qualified legal assistance clinic of pro bono legal assistance described in subsection (c) to eligible individuals at not fewer than one medical center of the Department of Veterans Affairs, or such other facility of the Department as the Secretary considers appropriate, in each State.

(b)

Eligible Individuals.—

For purposes of this section, an eligible individual is—

(1)

any veteran;

(2)

any surviving spouse; or

(3)

any child of a veteran who has died.

(c)

Pro Bono Legal Assistance Described.—

The pro bono legal assistance described in this subsection is the following:

(1)

Legal assistance with any program administered by the Secretary.

(2)

Legal assistance associated with—

(A)

improving the status of a military discharge or characterization of service in the Armed Forces, including through a discharge review board; or

(B)

seeking a review of a military record before a board of correction for military or naval records.

(3)

Such other legal assistance as the Secretary—

(A)

considers appropriate; and

(B)

determines may be needed by eligible individuals.

(d)

Limitation on Use of Facilities.—

Space in a medical center or facility designated under subsection (a) shall be reserved for and may only be used by the following, subject to review and removal from participation by the Secretary:

(1)

A veterans service organization or other nonprofit organization.

(2)

A legal assistance clinic associated with an accredited law school.

(3)

A legal services organization.

(4)

A bar association.

(5)

Such other attorneys and entities as the Secretary considers appropriate.

(e)

Legal Assistance in Rural Areas.—

In carrying out this section, the Secretary shall ensure that pro bono legal assistance is provided under subsection (a) in rural areas.

(f)

Definition of Veterans Service Organization.—

In this section, the term “veterans service organization” means any organization recognized by the Secretary for the representation of veterans under section 5902 of this title.

(Added Pub. L. 116–283, div. A, title V, § 548(a)(1), Jan. 1, 2021, 134 Stat. 3617.)

cite as: 38 USC 5906