T-1 Department of Veterans Affairs VHA DIRECTIVE 1510 Veterans

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Department of Veterans Affairs VHA DIRECTIVE 1510

Veterans Health Administration Transmittal Sheet

Washington, DC 20420 September 24, 2021

VETERANS LEGAL REFERRAL PROCESS

1. REASON FOR ISSUE: This Veterans Health Administration (VHA) directive

establishes VHA policy for the referral to legal service providers or legal referral

services of Veterans in need of legal assistance for issues related to homelessness, risk

of homelessness, or otherwise.

2. SUMMARY OF MAJOR CHANGES: This directive updates VHA responsibilities

related to facilities pursuing partnerships with local legal service providers; providing

office space for such providers, when possible; and staff referrals of Veterans to legal

service providers for assistance with legal matters. Appendix A has been added as a

template Memorandum of Understanding (MOU).

3. RELATED ISSUES: VHA Directive 1501, VHA Homeless Programs, dated October

21, 2016, VHA Directive 1502, Homeless Veteran Contact and Referral Management,

dated June 7, 2017, VHA Directive 1162.06(1), Veterans Justice Programs (VJP), dated

September 27, 2017, VHA Directive 1098, VHA Public-Private Partnerships, dated April

30, 2020, and VA Directive 0008, Developing Public-Private Partnerships with, and

Accepting Gifts to VA from, Non-Governmental Organizations, dated May 29, 2015.

4. RESCISSION: VHA Directive 2011-034, Homeless Veterans Legal Referral Process,

dated September 6, 2011, is rescinded.

5. RESPONSIBLE OFFICE: The VHA Homeless Programs Office (11HPO) is

responsible for the contents of this directive. Questions may be directed to the National

Coordinator, Veterans Justice Outreach at 202-461-5863. Legal questions may be

directed to the Office of General Counsel at 202-461-7175.

6. RECERTIFICATION: This VHA directive is scheduled for recertification on or before

the last working day of September 2026. This VHA directive will continue to serve as

national VHA policy until it is recertified or rescinded.

BY DIRECTION OF THE OFFICE OF THE

UNDER SECRETARY FOR HEALTH:

/s/ Kameron Matthews, MD, JD

Assistant Under Secretary for Health for

Clinical Services

NOTE: All references herein to VA and VHA documents incorporate by reference

September 24, 2021 VHA DIRECTIVE 1510

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subsequent VA and VHA documents on the same or similar subject matter.

DISTRIBUTION: Emailed to the VHA Publications Distribution List on September 27,

2021

September 24, 2021 VHA DIRECTIVE 1510

TABLE OF CONTENTS

VETERANS LEGAL REFERRAL PROCESS

1. PURPOSE ............................................................................................................... 1

2. BACKGROUND ...................................................................................................... 1

3. DEFINITIONS ......................................................................................................... 1

4. POLICY ................................................................................................................... 1

5. RESPONSIBILITIES ............................................................................................... 2

APPENDIX A

MEMORANDUM OF UNDERSTANDING TEMPLATE ............................................A-1

September 24, 2021 VHA DIRECTIVE 1510

VETERANS LEGAL REFERRAL PROCESS

1. PURPOSE

This Veterans Health Administration (VHA) directive provides policy for the referral

to legal service providers or legal referral services of Veterans in need of legal

assistance for issues related to homeless, risk of homelessness, or otherwise.

AUTHORITY: 38 U.S.C. § 7301(b); 38 U.S.C. § 2022; 38 U.S.C. § 5906(a).

2. BACKGROUND

a. The President and the Secretary of Veterans Affairs have established a goal of

ending homelessness among Veterans. Veterans’ lack of access to legal representation

for outstanding warrants or fines, as well as for child support and other legal matters,

contributes significantly to their risk of becoming or remaining homeless.

b. In response to these unmet needs, VHA staff refer Veterans to local or national

lists of legal service providers, and VHA facilities provide office space to legal service

providers, including under the Medical-Legal Partnership (MLP) model. This directive

updates existing VHA guidance regarding these practices and applies to all

arrangements in which a VA medical facility provides office space to a legal service

provider, including those following the MLP model.

3. DEFINITIONS

a. Medical-Legal Partnerships. Medical-legal partnerships (MLPs) are interactive

care collaborations between clinicians and legal service providers, who are generally

co-located in the same facility, and may jointly see individuals in need of services. In VA

facilities, MLPs allow clinicians to deliver holistic care for Veterans, and legal services

providers to address Veterans and former servicemembers’ health-harming legal needs.

b. Legal Assistance Clinics or Legal Clinics. Legal Clinics are clinics in which

legal service providers provide pro bono legal assistance to Veterans and former

servicemembers on a variety of civil legal matters, often on a referral basis from VA

staff.

c. Revocable License. A Revocable License agreement is permission to enter upon

and conduct a specific act or series of acts upon the real property of the licensor without

possession or acquiring any estate. Such a license may be revoked by the VA facility

Director at any time with or without cause and shall not exceed five years according to

VA’s policy.

4. POLICY

It is VHA policy to pursue and establish MLPs and/or Legal Clinics with local legal

service providers; to provide office space for such providers, when possible; and to

encourage staff to refer Veterans to legal service providers for assistance with legal

matters.

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5. RESPONSIBILITIES

a. Under Secretary for Health. The Under Secretary for Health, or VHA official

delegated the duties of the Under Secretary for Health, is responsible for ensuring VHA

compliance with this directive.

b. Veterans Integrated Services Network Director. Each Veterans Integrated

Services Network (VISN) Director is responsible for ensuring that all medical facilities

adhere to all responsibilities outlined in this directive.

c. Network Homeless Coordinator. The Network Homeless Coordinator is

responsible for disseminating information, including this directive, to VHA field staff to

encourage the development of on-site legal clinics and MLPs between VA medical

facilities and legal service providers.

d. Veterans Justice Outreach, National Coordinator. The Veterans Justice

Outreach, National Coordinator is responsible for providing or delegating provision of

technical assistance to Veterans Justice Outreach Specialists and other VHA field staff,

as needed, on the development of on-site legal clinics and MLPs between VA medical

facilities and legal service providers.

e. Office of General Counsel. The Office of General Counsel is responsible for

reviewing and concurring on, prior to execution, all Memoranda of Understanding

(MOUs) and revocable licenses and permits affecting or involving real property in which

VA has an interest, or over which VA has control.

f. VA Medical Facility or Readjustment Counseling Service Vet Center Director.

NOTE: VA’s Readjustment Counseling Service (RCS) will be guided by this Directive for

purposes of Vet Centers providing legal referrals or seeking an Memorandum of

Understanding (MOU) to formalize a legal clinic or MLP. The VA medical facility or RCS

Vet Center Director is responsible for:

(1) Providing oversight to ensure that all legal clinics operating on site conform to the

requirements outlined in this directive. The facility and the legal service provider must

also complete an MOU that describes the responsibilities of both the facility and the

provider organization. Such an MOU must include:

(a) A provision requiring compliance with the terms of this directive;

(b) A provision requiring that the legal service provider provide pro bono legal

services only in the VA medical facility (no fees);

members in good standing of a state bar, and that any law students and/or attorneys

licensed in other jurisdictions staffing the legal clinic shall be supervised in accordance

with American Bar Association and applicable state bar standards; and

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(d) A provision stating that there is no inherent conflict of interest in or ethics

prohibition on non-Federal employees of legal service providers hosted in VA facilities

under this directive assisting Veterans with claims for VA benefits. NOTE: Appendix A

contains a template for an acceptable MOU between VA and a legal service provider for

the use of space in a VA medical facility.

(2) Consulting with the Office of General Counsel to ensure that interested and

qualified legal services providers are considered for potential clinic participation and that

a proper due diligence review is conducted on each potential legal services provider,

following the procedure described in VA Directive 0008 and VHA Directive 1098. This

due diligence review should include verifying that a legal services provider has legal

malpractice insurance that is adequate to protect the interests of Veterans and VA. If

more than one legal services provider can offer needed legal services, and if VHA

space allows, more than one legal services provider may provide legal services in a VA

medical facility.

(3) Ensuring facility compliance with applicable policy promulgated by the Office of

Facilities Management when providing space through a Revocable License. The facility

and the provider organization must complete VA Form 10-6211, Revocable License for

Non-Federal Use of Real Property. The disclaimer in section 5.f.(5) of this Directive

must be included in Box 9 of VA Form 10-6211.

(4) Supporting the dissemination of information about legal service providers, in a

manner consistent with this directive, in the form of flyers, emails to VA staff and

community partners, or similar forms, to make Veterans aware of legal resources in

their communities, including legal clinics operating in VA facilities. VHA staff may

communicate, conduct training, and generally collaborate with a legal services provider

to facilitate Veterans’ access to legal services; however, they may not perform tasks

outside of their official duties (such as conducting a legal service provider’s structured

intake interview, or providing legal advice).

(5) Ensuring that staff referrals provide Veterans with a list of legal service providers

rather than referring them directly to a particular provider. Lists of legal service providers

with experience and/or interest in serving Veterans are maintained by the American Bar

Association (Directory of Legal Programs for Military Families (americanbar.org) ) and

the Legal Services Corporation (http://statesidelegal.org/). When provided in writing,

referrals must include the following disclaimer language: NOTE: VA assumes no

responsibility for the professional ability or integrity of the organizations whose names

appear on this list. This referral does not constitute an endorsement or recommendation

by VA.

(6) Ensuring that staff developing partnerships with legal service providers have

completed VA training on Public-Private Partnerships, available through the Talent

Management System.

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APPENDIX A

MEMORANDUM OF UNDERSTANDING TEMPLATE

This Memorandum of Understanding (MOU) is entered into effective as of the date

of the last signature below by and between [Name of VA medical facility] (“VA”) and the

Legal Service Provider Organization ____________("Provider").

1. Purpose and Scope

a. VHA Directive 1510 and VA stakeholders acknowledge that there is an enormous

unmet need for legal services among Veterans.

b. VHA Directive 1510 authorizes VA facilities to provide office space to non-VA

community legal service providers at no cost, in order to increase Veterans' access to

legal assistance.

c. Provider offers free legal assistance to low income individuals and/or provides

clinical training and experience for supervised law students.

d. The parties wish to make legal services available to Veterans or former

servicemembers through a free legal clinic located on the campus of [Name of VA

medical facility].

2. Responsibilities of Provider. Provider shall undertake the following:

a. Legal Clinic. Provider will provide legal services on the ____VA campus at

frequencies and on dates mutually agreed upon by Provider and [Name of VA medical

facility]. The dates of the services may fluctuate, based on the availability and capacity

of the Provider staff, attorneys, and/or law students ("advocates"). If legal services

cannot be provided in a co-located setting at the VA medical facility due to pandemic

health concerns, lack of available space, or other reasons, the Provider may conduct

legal intake and provide legal services to Veterans virtually. Provider shall designate an

attorney and/or legal clinical faculty member to direct the clinic ("Legal Director") The

Legal Director shall be responsible for the following:

(1) Provide free legal services to Veterans or former servicemembers receiving

services at [Name of VA medical facility], which may include but are not limited to:

consultation and assistance with estate planning matters such as advance health-care

directives, durable powers of attorney, and wills, public benefits, including VA benefits,

child support matters, outstanding warrants or fines, eviction/foreclosure, and certain

other housing and consumer matters, and/or matters symptomatic of homelessness

(Legal Services). Where advocates are unable to take a case for representation and/or

where appropriate, individuals may be referred to other legal services providers or to

pro bono attorneys. Provider agrees that no advocates will act as agents under advance

directives, or trustees, attorneys-in-fact, or agents for health care decisions. Provider

understands that it is the desire of [Name of VA medical facility] that they use VA forms

whenever possible. Provider will use the VA Advance Directive form, available at

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APPENDIX A

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https://www.va.gov/vaforms/medical/pdf/VA%20Form%2010-0137%20FILL.pdf, as

often as appropriate, based on their professional judgment of the needs of the client.

(2) Ensure that all attorneys who will provide Legal Services in the clinic are active

members in good standing of a state bar;

(3) Select, supervise and train advocates who will provide the Legal Services;

(4) Oversee all logistical aspects of the legal clinic, including client intake and

scheduling, maintenance of case files and office hours;

(5) Provide comprehensive supervision of any law students and/or attorneys

licensed in other jurisdictions in accordance with the standards of the American Bar

Association and the State Bar of ______;

(6) Ensure that all advocates comply with the Privacy Act codified at 5 U.S.C. 552a,

the Health Insurance Portability and Accountability Act (HIPAA) and all other applicable

federal law regarding disclosure of protected information or records about a Veteran.

b. Training [Name of VA medical facility] Staff Members. Provider shall provide

training to [Name of VA medical facility] staff members about the legal clinic, and the

role of [Name of VA medical facility] staff members in identifying possible legal needs of

Veterans receiving services at the VA medical facility.

c. Malpractice Insurance. Provider shall provide malpractice insurance for its staff

and students.

d. Compliance with disclaimer provision in VHA Directive 1510. Provider shall

include the following disclaimer language in any written referrals, materials distributed

publicizing the legal clinic or flyers posted in its designated office space : NOTE: The

Department of Veterans Affairs (VA) assumes no responsibility for the professional

ability or integrity of the organizations whose names appear on this list. This referral

does not constitute an endorsement or recommendation by VA."

3. Responsibilities of [Name of VA medical facility]. [Name of VA medical facility] shall

undertake the following:

a. Private Office Space. [Name of VA medical facility] shall provide private office

space at its facility in which advocates can meet with clients in a private setting,

including an electrical outlet, desk, and chairs. If possible, [Name of VA medical facility]

will provide Provider with access to the internet for purposes of assisting potential

clients onsite.

b. Inform Provider of VA Compliance Measures. The [Name of VA medical

facility] staff shall inform Provider staff of VA procedures for ensuring compliance with

protection of information and records about a Veteran under the Privacy Act, HIPAA,

and other applicable federal laws.

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APPENDIX A

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c. Assist in Publicizing Legal Services. [Name of VA medical facility] shall assist

Provider in publicizing the legal clinic in accordance with the required disclaimer

language in Section 2.d. of this MOU and in section 5.f.(5) of VHA Directive 1510.

4. Claims for VA Benefits. There is no inherent conflict of interest presented by, or

ethics prohibition of, Provider assisting Veterans with claims for VA benefits in space

provided by [Name of VA medical facility]. However, if Provider assists Veterans with

VA benefits claims, the attorney must be properly accredited by the VA in compliance

with 38 C.F.R. § 14.629. Attorneys may apply for VA accreditation by submitting the

appropriate VA Forms available on the OGC Accreditation website.

5. Case acceptance and the level of assistance. Provider has discretion to determine

which cases it can accept at the Legal Clinic. However, the Provider shall not provide

legal assistance in any cause of action or proceeding of any description, type, or nature

in which the U.S. Department of Veterans Affairs is an adverse party.

6. No Attorney-Client Relationship between Provider and the [Name of VA medical

facility]. This agreement does not create an attorney-client relationship between

Provider and [Name of VA medical facility].

7. Liability: For the purposes of this MOU, this is a voluntary, collaborative, working

relationship between VA and Provider. The MOU does not imply that any party to the

MOU is jointly liable for either’s obligations. Neither party is responsible for debts,

contractual obligations, or conduct, tortious or otherwise, of the other party. The parties

acknowledge that the liability, if any, of VA for injury or loss of property or death will be

governed exclusively by the Federal Tort Claims Act.

8. Compensation. Provider offers its services to clients without charge. At no point will

Provider request remuneration from [Name of VA medical facility], its staff, or Veterans

who seek legal assistance from Provider. [Name of VA medical facility]is providing use

of its facilities to Provider for the legal clinic without charge.

9. Terms & Termination. The parties to this MOU do not currently propose an end date

for the legal clinics. This MOU is non-binding and may be terminated by either party

upon 30 days written notice. Any such termination will not terminate any ongoing

representation of clients by Provider.

_______________________________ _____________________

Director, [VA medical facility] Date

_______________________________ _____________________

Director, Legal Service Provider Organization Date