Representing Veterans and Dependents Before the VA (2024 Edition)

Sarajane (Sally) Stenton
Nancy Morgan
Kent A. Eiler
Sarajane (Sally) Stenton | Law Offices of Robert A. Ebberup
Nancy Morgan | Finkelstein and Partners, LLP
Kent A. Eiler | Carpenter Chartered
On-Demand: May 13, 2024

3 hour CLE

Tuition: $245.00
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Program Summary

Session I - Fundamentals of disability compensation - Kent A. Eiler
This session provides a comprehensive overview of veterans' benefits, covering various essential aspects. It begins with an exploration of the basic benefits and relevant definitions. Next, it delves into the elements of service connection and outlines the different methods to establish service connection effectively. The presentation also addresses rating evaluation criteria and discusses the concept of effective dates, including Clear and Unmistakable Error (CUE), 3.156(b), and 3.156(c) considerations. Additionally, the session explores the elements of other claims, such as increases in rating and extra-schedular ratings, as well as extra-schedular total ratings, providing attendees with a thorough understanding of veterans' benefits entitlements and processes.

Key topics to be discussed:

  • The basic benefit; definitions
  • Elements of service connection
  • Ways to establish service connection
  • Rating Evaluation
  • Effective Date (CUE, 3.156(b), 3.156(c))
  • Elements of other claims: increase in rating, extra schedular ratings, extra schedular total ratings

Session II - Veterans compensation and pension benefits eligibility - Sarajane (Sally) Stenton, Nancy Morgan

The webinar will address the eligibility criteria for veterans' compensation benefits, including defining who qualifies as a veteran and the branches of service covered, including the Reserves and National Guard members. It will also discuss the time requirements for eligibility for VA the benefits available upon separation from service. Furthermore, different types of discharge/characters of discharge (COD), and reasons for discharge and how they impact veteran/dependent benefits, particularly for Reservists and Guardsmen. Additionally, it will cover the process of Discharge Upgrade and its impact on veterans' compensation and pension benefits. Finally, the webinar will provide insights into VA Pension, explaining what it is and who is entitled to receive it.

This CLE will cover representation before VA, claims procedures, basic eligibility for VA benefits, right to appeal and the levels and choice of appeal to include administrative level and the Courts, disability compensation (38 U.S.C. Chapter 11), dependency and indemnity compensation (38 U.S.C. Chapter 13).

Key topics to be discussed:

  • Eligibility criteria for veterans' compensation and pension benefits
  • Impact of type of discharge types on veteran and dependent benefits
  • Qualifying service for benefit purposes
  • Discharge upgrade process and its impact
  • Steps to obtain accreditation to assist Veterans and resources to help you get started
  • What evidence you need to get Service-Connected Disability Monthly compensation
  • Presumptions and the PACT Act
  • Recent cases, the Good and Bad decisions

Closed-captioning available

Speakers

Sarajane-Sally-Stenton_Law-Offices-of-Robert-A.-Ebberup_myLawCLESarajane (Sally) Stenton | Law Offices of Robert A. Ebberup

Lt Col (Ret) Sarajane (Sally) Stenton is currently Of Counsel at the Law Offices of Robert A. Ebberup, specializing in Veteran’s Law. Also, I was formerly an adjunct law professor at Rutgers Law School and expert legal commentator on Court TV. Sally graduated from Temple University Beasley School of Law with an LL.M. in Trial Advocacy in May 2017, winner of the Advocacy award. She was the Chairwoman of the Military Law and Veterans Affairs section of the NJSBA, May 2019-May 2020. Sally is a retired Air Force Judge Advocate General (JAG) with extensive experience and expertise in criminal law, courts martial, and trial advocacy training, as well as International Law, serving as the legal advisor to Air Component Command for NATO, Izmir Turkey, and Operations Law.

May 2010-May 2011, Lt Col Stenton was deployed to Kabul, Afghanistan where she was the Legal Advisor for the Afghan Air Force and Afghan National Army Staff Judge Advocates and the Staff Judge Advocate for the 438 Air Expeditionary Wing, Kabul, AFG. Prior to entering the Air Force she was an investigator for the Camden County Prosecutor’s Office for five years and was a member of the Army National Guard for four years. She initially served as an enlisted MP and later earned her commission as an officer. As an AF JAG Lt Col Stenton was a prosecutor, defense counsel, senior prosecutor, chief of military law and a certified military judge.

Lt Col Stenton was an adjunct professor of Family Law at Butler County Community College. She has extensive experience training both US Air Force Judge Advocates, on the Uniform Code of Military Justice and criminal law, as well as international Legal Advisors on their country’s military criminal justice systems. Sally graduated Rutgers Law School, Camden with a J.D. in 1990 and West Chester State University with a B.S. in Criminal Justice in 1982. She is admitted to practice law before the Supreme Court of New Jersey, Supreme Court of Pennsylvania, United States Court of Appeals for the Armed Forces, Court of Appeals for Veterans’ Claim and U.S. Supreme Court.

Her military decorations include Defense Meritorious Service Medal, Meritorious Service Medal (3 Oak Leaf Clusters), Joint Service Commendation Medal, Air Force Commendation Medal (3 Oak Leaf Clusters), Air Force Achievement Medal (1 Oak Leaf Cluster), Armed Forces Expeditionary Medal Afghanistan Campaign, Medal Global War on Terrorism Service Medal, Korean Defense Service Medal, Humanitarian Service Medal, Small Arms Expert Marksmanship Ribbon, NATO ISAF Medal.

 

Nancy-Morgan_Finkelstein-and-Partners_myLawCLENancy Morgan | Finkelstein and Partners, LLP

Nancy Y. Morgan is a Partner and Director of Legal Operations at Finkelstein and Partners and Jacoby and Meyers. Nancy graduated from the Lois D. Brandeis School of Law at University of Louisville in 1986 and joined Finkelstein & Partners in early 1987. Her practice has involved all facets of litigation. In the first five years with the firm, Nancy won over 45 verdicts. She continues to negotiate or litigate various types of personal injury cases to trial, in New York and New Jersey. Her goal is to hold the negligent party accountable for all harm caused. Between 1991 – 1996, Nancy accompanied her Active Duty Army husband when he was transferred. out of state.

During those five years, she worked at Colorado Interstate Gas Company (Coastal) in Colorado Springs, Colorado where she was a senior trial attorney. She then worked at Westinghouse in Pittsburgh, PA. where she developed the national litigation protocol for an asbestos product used in ship building. Nancy’s practice area expertise spans personal injury law, but she also has a specialized focus on negligent supervision, lack of security, and ski cases. She achieved multiple large, confidential, six and seven figure settlements. Nancy oversees the legal operations of the firm and is the founder of the Veterans’ Services Group. Additionally, she administers the firm’s mentoring and Continuing Legal Education (CLE) programs.

 

Kent A. Eiler_myLawCLEKent A. Eiler | Carpenter Chartered

As a veteran, Kent understands your VA benefits are too important to leave to chance. Kent represents veterans from all over the world before the Department of Veterans Affairs and the U.S. Court of Appeals for Veterans Claims. Kent began his legal career as a JAG in the United States Air Force and continues to serve as a Lieutenant Colonel in the USAF Reserve. With his extensive experience in government, not-for-profit, and private practice, Kent has diverse public and private sector experience including running the New York City Bar Justice Center’s Veterans Assistance Project bringing needed ongoing and retroactive relief to clients. Kent represents veterans of the U.S. military and their survivors globally.

During his career, Kent has appeared on national television, internet, and radio programs discussing his legal work including CSPAN’s Washington Journal, LawNewz, and the Michael Signorile Show. From 2012-2013 he served as Counsel to The Constitution Project’s ground-breaking, non-partisan Task Force on Detainee Treatment during which he advised: two retired U.S. Army generals, the former president of the American College of Physicians, a former director of the FBI, former members of Congress, and other former high-level executive branch officials. Kent has testified multiple times before the New York City Council on veterans’ issues as well as joint sessions of the New York State Assembly and Senate. Following his confirmation by the New York State Senate in 2018, he served two years as a member of New York’s Veterans Affairs Commission. Articles he has written have appeared in The LA Times, The Wall Street Journal, The Christian Science Monitor, and elsewhere. Kent is licensed to practice law in New York, Iowa, and the District of Columbia.

Agenda

Session I – Fundamentals of disability compensation | 11:50am – 12:50pm

  • The basic benefit; definitions | 11:50am – 12:00pm
  • Elements of service connection | 12:00pm – 12:10pm
  • Ways to establish service connection | 12:10pm – 12:20pm
  • Rating Evaluation | 12:20pm – 12:30pm
  • Effective Date (CUE, 3.156(b), 3.156(c)) | 12:30pm – 12:40pm
  • Elements of other claims: increase in rating, extra schedular ratings, extra schedular total ratings | 12:40pm – 12:50pm

Break | 12:50pm – 1:00pm

Session II – Veterans compensation and pension benefits eligibility | 1:00pm – 3:10pm

  • Eligibility criteria for veterans’ compensation and pension benefits| 1:00pm – 1:15pm
  • Impact of type of discharge types on veteran and dependent benefits| 1:15pm – 1:30pm
  • Qualifying service for benefit purposes | 1:30pm – 1:45pm
  • Discharge upgrade process and its impact| 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

  • Steps to obtain accreditation to assist Veterans and resources to help you get started | 2:10pm – 2:25pm
  • What evidence you need to get Service-Connected Disability Monthly compensation | 2:25pm – 2:40pm
  • Presumptions and the PACT Act | 2:40pm – 2:55pm
  • Recent cases, the Good and Bad decisions | 2:55pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
3 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
3 General

Arkansas

Approved for CLE Credits
3 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
3 General

California

Approved for CLE Credits
3 General

Colorado

Pending CLE Approval
3 General

Connecticut

Approved for CLE Credits
3 General

Delaware

Pending CLE Approval
3 General

Florida

Reciprocity
3.5 General Hours

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
3 General

Hawaii

Approved for CLE Credits
3 General

Iowa

Approved for Self-Study Credits
3 General

Idaho

Pending CLE Approval
3 General

Illinois

Approved for Self-Study Credits
3 General

Indiana

Pending CLE Approval
3 General

Kansas

Pending CLE Approval
3 General

Kentucky

Pending CLE Approval
3 General

Louisiana

Pending CLE Approval
3 General

Maine

Pending CLE Approval
3 General

Minnesota

Approved for CLE Credits
3 General

Missouri

Approved for Self-Study Credits
3.6 General

Mississippi

Pending CLE Approval
3 General

Montana

Pending CLE Approval
3 General

North Carolina

Pending CLE Approval
3 General

North Dakota

Approved for CLE Credits
3 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
3 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
180 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
3 General

Nevada

Pending CLE Approval
3 General

New York

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
3 General

Oklahoma

Pending CLE Approval
3.5 General

Oregon

Approved for Self-Study Credits
3 General

Pennsylvania

Approved for Self-Study Credits
3 General

Rhode Island

Pending CLE Approval
3.5 General

South Carolina

Pending CLE Approval
3 General

Tennessee

Approved for Self-Study Credits
3 General

Texas

Approved for CLE Credits
3 General

Utah

Pending CLE Approval
3 General

Virginia

Approved for Self-Study Credits
3 General

Vermont

Approved for CLE Credits
3 General

Washington

Approved via Attorney Submission
3 Law and Legal Hours

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
3.5 General

West Virginia

Approved for Self-Study Credits
3 General

Wyoming

Approved for Self-Study Credits
3 General

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