On-Demand: May 13, 2024
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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.
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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).
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This course is co-sponsored with myLawCLE.
Closed-captioning available
Sarajane (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, 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 | 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.
Session I – Fundamentals of disability compensation | 11:50am – 12:50pm
Break | 12:50pm – 1:00pm
Session II – Veterans compensation and pension benefits eligibility | 1:00pm – 3:10pm
Break | 2:00pm – 2:10pm