NOVA 2018 Fall Conference - October 18-20, 2018 Hyatt Regency Capitol Hill Washington, DC - National Organization of Veterans ...
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NOVA 2018 Fall Conference
October 18-20, 2018
Hyatt Regency Capitol Hill
Washington, DC
®
A MESSAGE FROM THE SEMINAR COMMITTEE We are excited to be hosting NOVA’s 2018 Fall Conference on October 18-20 at the Hyatt Regency Capitol Hill in Washington, DC. Not only are we returning to our nation's capital, we will continue with a new format for this conference based on member feedback. The conference is designed to build from basic to advanced topics, with plenty for both the new and experienced practitioner. The first day, traditionally the New Practitioners’ Session, is now the Basic Session. This first day will cover important foundational concepts critical to successful practice, such as understanding VA's Duty to maximize benefits, filing DIC claims, and the basics of extraschedular consideration. Experienced practitioners can also find useful information in sessions addressing line of duty determinations and the structure of appeals reform. The second and third days will cover Intermediate and Advanced Topics respectively, building on the themes of the Basic Session. Topics include more in-depth discussions on appeals reform, VA's evidentiary standard, recent cases, and ethics. We are pleased to announce that the United States Court of Appeals for Veterans Claims will hold an oral argument on Friday morning at the conference site. Please review the attached schedule to learn more about all the sessions and our invited guests. The seminar will increase your knowledge, confidence, and expertise in representing veterans before the Department of Veterans Affairs, Board of Veterans' Appeals, and the United States Court of Appeals for Veterans Claims. In addition, your time may be credited to your jurisdiction's CLE requirements. To maintain the professional atmosphere of the seminar, we ask the attendees to wear business attire on Friday. Business casual is appropriate for Thursday and Saturday. Please respect the rights of all attendees. A high standard of public decorum is expected at all times, especially when addressing the assembly and during social functions. Your support of this policy is greatly appreciated. Please register today for NOVA’s 2018 Fall Conference and energize your practice! We look forward to seeing you in Washington, DC! Your 2018 Seminar Planning Committee: Zachary Stolz (Chair) Chris Attig Kenneth Carpenter Robert Chisholm Glenda Herl Matthew Hill Bob Goss Daniel Smith John Tucker
ABOUT WASHINGTON, DC
Greetings fromWashington
A trip to our nation's capital is a unique chance to experience history alongside the thriving
cultural offerings of the modern District. Hosting more than 200 million tourists
annually, the DC metropolitan area has something for everyone.
The Hyatt Regency Capitol Hill is conveniently located three blocks north of the
National Mall. Take a tour of the Capitol before venturing to the Library of
Congress' Thomas Jefferson building, or take a self-guided stroll through the Supreme
Court. Enjoy free admission to any of the Smithsonian museums and galleries,
including the Air and Space Museum and Natural History Museum, or visit one of
the oldest botanic gardens on the continent at the Botanic Garden.
In addition to our nation's historical treasures, the Capitol Hill district is also home to
major re-development projects and a blossoming creative community. Visit the
newly-renovated Eastern Market and peruse offerings from more than 100 local artists and
vendors. Foodies will want to check out nearby Barracks Row, which features
everything from Michelin-starred restaurants like Rose's Luxury and Pineapple & Pearl,
to pastries at local cafes.
But don't forget to book your hotel room now! The Room Block Rate at Hyatt Regency
Capitol Hill is $215 plus tax, per night, single and double occupancy, and is available
three days prior and three days after the conference based upon room
availability. The reservations must be made by Monday, September 17, for the
NOVA rate to be honored. Please book your hotel room early as space is limited and the
NOVA room block always fills before the deadline.
Click HERE to book your room now!
CONFERENCE SCHEDULE - BASIC SESSION - THURSDAY, OCTOBER 18 8:00 – 8:15 AM WELCOME 8:15 - 9:15 AM VA'S DUTY TO MAXIMIZE Speaker: Yelena Duterte, Associate Teaching Professor and Director, Wiehl Family Veterans Legal Clinic, Syracuse University Under 38 C.F.R. § 3.103, VA is obligated to “render a decision which grants every benefit that can be supported in law while protecting the interests of the Government.” Professor Duterte will address court cases that focus on VA’s duty to maximize benefits and provide examples of how to use them to ensure your client receives all earned benefits. 9:15 - 10:15 AM DEPENDENCY AND INDEMNITY COMPENSATION (D.I.C.) CLAIMS Speaker: Allison Reddick, Esq., Hill and Ponton Allison will cover ways in which a surviving spouse, dependent children, or dependent parents can establish entitlement to DIC benefits based on a service-connected death. She will discuss the concepts of primary and contributory causes of death as defined by 38 C.F.R. § 3.312. The presentation will also consider qualification for DIC based on ten years of total disability prior to death, enhanced DIC, and issues involving remarriage. 10:15 - 10:30 AM BREAK 10:30 - 11:30 AM ACCRUED BENEFITS: WHY AND HOW TO SUBSTITUTE Speaker: Dan Smith, Esq., Bosley & Bratch Join Dan as he compares and contrasts the provisions of 38 U.S.C. §§ 5121 (payment of accrued benefits) and 5121A (substitution). He will address the rules of evidentiary development under each provision, how to request substitution, and the limits of each provision. Dan will cover the process for substitution at the agency, BVA, and the Court. 11:30 AM - 12:15 PM LINE OF DUTY DETERMINATIONS Speaker: Barry Allen, Esq., Colonel, USAF (Retired JAG), The Law Office of Barry P. Allen This presentation will address the concepts of “in the line of duty” and “willful misconduct.” Barry will describe how line of duty (LOD) determinations are made, the relevant regulations, how consumption of alcohol is addressed by VA, and the case law governing LOD determinations, including the recent decision in Crediford v. Shulkin, 877 F.3d 1040 (2017). 12:15 - 1:30 PM LUNCH ON YOUR OWN 1:30 - 2:30 PM WHEN CAN A CONGENITAL DEFECT BE COMPENSABLE? Speaker: Kenny Dojaquez, Esq., Bluestein Attorneys VA regulations generally state that congenital and developmental defects are not diseases or injuries for VA disability compensation purposes. Kenny will discuss the pertinent regulations, OGC opinions, and case law setting forth the exceptions to this rule. At the conclusion of the conference, the NOVA staff will calculate your CLE credit hours based on whether you signed in at the registration desk each morning and you will receive an email with necessary forms that you will then have to submit to your state bar or the VA.
CONFERENCE SCHEDULE - BASIC SESSION - THURSDAY, OCTOBER 18 - CONTINUED 2:30 - 3:30 PM WHEN AND HOW TO GET EXTRASCHEDULAR CONSIDERATION Speaker: Christian McTarnaghan, Esq., Chisholm Chisholm & Kilpatrick Christian will cover the provisions of 38 C.F.R. § 3.321(b)(1) and how to present this issue before the agency. He will provide best practice tips for pursuing the claim, in light of the limited guidance available to veterans, representatives, and adjudicators, as well as discuss relevant case law. 3:30 - 3:45 PM BREAK 3:45 - 5:00 PM APPEALS MODERNIZATION: OVERVIEW OF LEGISLATION AND REGULATIONS, R.A.M.P., AND B.V.A. PILOT PROGRAM Speakers: Glenda Herl, Carpenter Chartered; Diane Boyd Rauber, Esq., NOVA Diane and Glenda will review the legislative framework and provide an update on RAMP. They will also address progress on the regulations and BVA pilots. 5:00 PM Q & A WITH ALL SPEAKERS At the conclusion of the conference, the NOVA staff will calculate your CLE credit hours based on whether you signed in at the registration desk each morning and you will receive an email with necessary forms that you will then have to submit to your state bar or the VA.
CONFERENCE SCHEDULE - INTERMEDIATE SESSION - FRIDAY, OCTOBER 19 8:00 - 8:15 AM WELCOME AND OPENING REMARKS 8:15 - 9:15 AM THE CREDIBILITY TRAP Speaker: Professor Daniel Nagin, Harvard Law School Expounding on his article published in the University of Memphis Law Review, “The Credibility Trap: Notes on a VA Evidentiary Standard,” Professor Nagin will discuss some of the dimensions of traditional evidence law when it is applied in the realm of veterans benefits. This presentation will focus on what advocates can do to avoid negative credibility determinations and how fight such determinations when VA erroneously makes them. 9:15 - 9:30 AM BREAK 9:30 - 10:00 AM PRE-ARGUMENT SESSION Speaker: Zachary Stolz, Esq., Chisholm Chisholm & Kilpatrick Zachary will review the factual background, procedural history, and arguments of the parties in preparation for the U.S. Court of Appeals for Veterans Claims oral argument. Briefs of the parties will be provided in the materials for conference attendees. 10:00 - 11:30 AM UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS, ORAL ARGUMENT Case: To be announced. Appellant's Counsel: To be announced. Appellee's Counsel: To be announced. The CAVC will hear oral argument. Following oral argument, the panel of judges will address general questions from conference attendees. 11:30 AM - 1:00 PM LUNCH ON YOUR OWN 1:00 PM - 1:45 PM VA SPEAKER Speaker: James Byrne, Esq., VA General Counsel James Byrne, Esq., has served as VA General Counsel since his confirmation in August 2017. Prior to his current position, Mr. Byrne served as Associate General Counsel and Chief Privacy Officer at Lockheed Martin Corporation, where he was also the company’s lead cyber and counterintelligence attorney. Mr. Byrne has also served as the career Senior Executive Service Deputy Special Counsel with the Office of the U.S. Special Counsel, and both General Counsel and Assistant Inspector General for Investigations with the Office of the Special Inspector General for Iraq Reconstruction. Mr. Byrne has over 20 years of experience in the public sector, including service as a deployed Marine Infantry Officer and a U.S. Department of Justice (DOJ) international narcotics prosecutor. At the conclusion of the conference, the NOVA staff will calculate your CLE credit hours based on whether you signed in at the registration desk each morning and you will receive an email with necessary forms that you will then have to submit to your state bar or the VA.
CONFERENCE SCHEDULE - INTERMEDIATE SESSION - FRIDAY, OCTOBER 19 - CONTINUED 1:45 - 2:45 PM RECENT CASES AND HOW TO USE THEM IN YOUR V.A. PRACTICE: PART I Speaker: Kenneth Carpenter, Esq., Carpenter Chartered Ken will review several cases decided by either the CAVC or the Federal Circuit. He will examine these cases in depth and will discuss how you can use these cases to more effectively represent your clients. 2:45 - 3:00 PM BREAK 3:00 - 3:45 PM RECENT CASES AND HOW TO USE THEM IN YOUR VA PRACTICE: PART II 3:45 - 5:00 PM APPEALS REFORM PANEL: THE FUTURE IS NOW Moderator: Matt Hill, Esq., Hill and Ponton Speakers: Cheryl Mason, Chairman, Board of Veterans' Appeals; additional speakers to be announced 5:30 PM RECEPTION At the conclusion of the conference, the NOVA staff will calculate your CLE credit hours based on whether you signed in at the registration desk each morning and you will receive an email with necessary forms that you will then have to submit to your state bar or the VA.
CONFERENCE SCHEDULE - ADVANCED SESSION - SATURDAY, OCTOBER 20 7:45 - 8:15 AM NOVA MEMBERSHIP MEETING AND BOARD OF DIRECTORS ELECTION 8:15 - 9:00 AM LEGISLATIVE, REGULATORY, AND OUTREACH UPDATE Speaker: Diane Boyd Rauber, Esq., NOVA Diane will discuss the latest legislative developments on Capitol Hill and regulatory/policy changes at VA, as well as discuss NOVA’s engagement with other organizations. 9:00 - 10:00 AM MIND YOUR BUSINESS Speaker: Chris Attig, Esq., Attig|Steel 10:00 - 10:15 AM BREAK 10:15 - 11:15 AM HOW TO WIN AT B.V.A. Speaker: Bradley Hennings, Esq., Chisholm Chisholm & Kilpatrick Brad will draw on his prior experience as a BVA Veterans Law Judge to discuss strategies for winning your appeal. 11:15 AM - 12:15 PM NAVIGATING THE CLAIMS PROCESS: LEGACY, R.A.M.P., AND THE A.M.A. Moderator: Christine Clemens, Esq., Finkelstein & Partners Speakers: Virginia Girard-Brady, Esq., ABS Legal Advocates, P.A.; Jeany Mark, Esq., Lieberman and Mark; Joe Moore, Esq., Bergmann and Moore This session will build on the first two sessions on appeals reform, and help practitioners consider how to manage the different types of appeals being adjudicated when the new system goes into effect: “legacy” appeals, RAMP appeals, and new appeals under the AMA. The presenters will address the practical considerations for tracking and managing the appeals, as well as considerations for opting into the new system. 12:15 - 1:30 PM LUNCH ON YOUR OWN 1:30 - 2:30 PM ETHICS PANEL Speakers: Chris Attig, Esq., Attig|Steele; Robert Goss, Esq., Law Office of Robert B. Goss, P.C.; Todd Wesche, Esq., Vetus Legal LLC 2:30 - 3:30 PM CASE STUDY Speaker: Barbara J. Cook, Esq., Chisholm Chisholm & Kilpatrick Join Barbara as she examines the full cycle of a case to provide insights and observations about the course of the case and what might have been done differently. At the conclusion of the conference, the NOVA staff will calculate your CLE credit hours based on whether you signed in at the registration desk each morning and you will receive an email with necessary forms that you will then have to submit to your state bar or the VA.
William G. Smith Scholarship
WILLIAM G. SMITH SCHOLARSHIP
Scholarships have been created in memory of NOVA Founding Member William G.
Smith, Esq., who provided leadership and support to countless practitioners in
veterans law. Scholarships cover the cost of registration only, and are available to
individuals who would not otherwise be able to attend the seminar due to financial
hardship.
These scholarships are designated for attorneys, non-attorney practitioners, law
students, and accredited veterans' service representatives. To be considered for a
scholarship, please complete the application. The granting of scholarships, as well as
the number of recipients, shall be at the sole discretion of the NOVA Board of
Directors.
The deadline to submit a request for scholarship consideration is August 17, 2018. To
apply for the William G. Smith Scholarship, the following information is
required: your name, address, and email; year of graduation from law school, if
applicable; current employer and position; a brief explanation of how you intend to
use this training; and your VA accreditation date, if applicable. You must also
explain why you need financial assistance to attend a NOVA conference, and
indicate if you have the financial resources to cover the related expenses of
attendance (i.e., travel, lodging, food) should you be awarded a scholarship. Please fill
out this form to be considered.
Questions and requests for scholarships may also be submitted to:
Meghan Dunham
Membership & Conference Planning Director
(202) 587-5708
mdunham@vetadvocates.orgFALL CONFERENCE R EGISTR ATION FORM
Send completed registration form and payment to:
OFFICE USE ONLY
U.S. Mail: Email: mdunham@vetadvocates.org
NOVA - Fall Conference 2018 elopatto@vetadvocates.org Received
1775 Eye Street, NW Suite Questions? Contact us at any time with any questions or concerns Check #
1150 Washington, D.C. 20006 you may have about registering for NOVA's Conference.
Phone: (202) 587-5708
Fax: (202) 587-5601 egistration
Please provide a unique email address for each attendee that is their own email, not that of their organization. The email address provided below will be used for all
conference communication including materials & CLE distribution and we want to ensure proper receipt.
Registrations containing duplicate emails will NOT BE ACCEPTED.
Required Information ****Please complete the information below as you would like your name badge at the conference to read.****
NAME: ORGANIZATION:
STREET:
CITY: STATE: ZIP:
PHONE: E-MAIL:
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Seminar Materials
SEMINAR MATERIALS WILL BE PROVIDED PRIOR TO THE CONFERENCE VIA INTERNET DOWNLOAD. AN EMAIL WILL BE SENT TO
THE ADDRESS PROVIDED ABOVE WITH INSTRUCTIONS TO DOWNLOAD THE MATERIALS. WIFI AND POWER OUTLETS MAY NOT
BE AVAILABLE. PLEASE PROVIDE A UNIQUE EMAIL FOR EACH ATTENDEE, AS DUPLICATE EMAILS WON'T BE ACCEPTED BY
THE SYSTEM.
R egistration Fees (See Attached Fee Schedule)
Multi-registration fee discount: Organizations that register two or more individuals at the same time can apply the multi-registration discount. The discount is 10% off
your final amount, or each registration. Please note this discount does not apply to single registrations and can only be used if registering from the same firm at the
same time.
Credit card payments: You may pay by credit card (VISA, MC, or Discover) by completing the credit card payment form.
SESSION ATTENDING: *Please indicate below which sessions you plan to attend.
BASIC SESSION ONLY (THURSDAY ONLY)
FALL CONFERENCE ONLY(FRIDAY & SATURDAY ONLY)
COMBO - BASIC SESSION & FALL CONFERENCE (THURS, FRI, & SAT)
Is this your first time attending a NOVA Conference?
YES NO
If you have a disability and require assistance, please inform Meghan Dunham by attaching your requirements to this form or call 202-587-5708.
PAYMENT ENCLOSED $PLEASE NOTE* The student rate is reserved for
REGISTRATION FEE SCHEDULE active full-time law students. If you possess a Law
School/Student NOVA Membership as a Law
Professor, please register under the NOVA Member
rate.*
C a n c e l l at i o n P o l i c y
BEFORE September 28, 2018............................................................................................................... 75% of fee paid will be returned
ON OR AFTER September 28, 2018..................................................... NO REFUND (SEMINAR MATERIALS WILL BE PROVIDED)
EARLY BIRD RATE REGULAR RATE LATE REGISTRATION
Postmarked On or Postmarked On or Before AFTER 9/28/18
Before 8/17/18 9/28/18
Registrations Must Be Made by Phone
or Online and Paid by Credit Card
$350 $450 $650
$450 $550 $750
$150
$495 $645 $845
$645 $745 $945
$170 $195 $220
BASIC SESSION AND FALL CONFERENCE
NOVA MEMBER $695 $895 $1295
NON-NOVA MEMBER $945 $1095 $1495
STUDENT $220 $245 $270
Credit Card Payment Form
CREDIT CARD PAYMENT FORM – Complete the form and submit with your registration.
DATE: YOUR NAME:
CARD #: / / / EXP. DATE: 3-DIGIT SECURITY CODE:
(VISA, MC, DISCOVER)
AMOUNT: $
ITEM PURCHASED:
NAME (as it appears on the card):
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