This is a webcast of the live San Francisco session.Why you should attend
There are over 21 million veterans in the U.S.; many of them are not aware of the benefits to which they are entitled. Medical and financial assistance are available to men and women who have served in the military, but some who can qualify are not receiving the benefits that they need. Attorneys can assist veterans with the problems that preclude them from receiving benefits, such as:
- Lack of proper paper trails to “service-connect” their injuries
- Ineligibility for benefits for those given less than fully honorable discharges for behaviors that were related to post traumatic stress disorder or minor disciplinary infractions
What you will learn
Nearly 45% of veterans returning from Iraq and Afghanistan seek compensation from the Department of Veterans Affairs (VA) for service related injuries. A stunning 30% suffer from post-traumatic stress disorder. Many of those who should receive benefits will be denied. All of them will wait months or years for the VA to issue decisions on their claims. Learn how to navigate the VA claims process and to become an effective advocate for veterans in need. This all day program will provide an overview of VA disability law and military discharge review law. You will gain an understanding of different types of military discharges, why they are important, and how you can help veterans with less than Honorable discharges.
- The three morning sessions provide the basics you need to represent veterans before the VA. The morning sessions fulfill the VA’s requirement for qualifying CLE within the first 12 months of your VA accreditation.
- The 1:45pm session, Veterans’ Cultural Competency: Combat to Community, will help veterans’ advocates to understand the challenges that veterans face in their transition to a noncombat community.
- The 2:45pm to 5:00pm sessions will provide attorneys with the tools that they need to assist veterans in upgrading their discharge status and removing stigmatizing information from their discharge documents.
Who should attend
Attorneys seeking meaningful pro bono opportunities and any advocate who wants to help change the life of a veteran with a disability. Attorneys seeking to meet VA’s CLE requirements for new and continuing VA accreditation should also attend. Finally, attorneys who hope to expand their practice areas to include veterans’ cases where fees are available, should register to attend.
IMPORTANT!! GET ACCREDITED BY THE VA BEFORE YOU ATTEND THIS TRAINING.
1. Attorneys and other advocates must be accredited to practice before the VA. To obtain accreditation you must complete this form: www.va.gov/vaforms/va/pdf/VA21a.pdf.
2. Accreditation by the VA may take several weeks, so do not delay filing your application. You can speed up the process by emailing the form to OGCAccreditationMailbox@va.gov, and including a copy of your State Bar Certificate of Good Standing
3. Within 12 months of accreditation you are required to complete three hours of qualifying CLE. The morning session of this program satisfies that requirement, but only if you have already received your accreditation from the VA.
Attorneys and other advocates who become accredited will be listed on a national VA list, and are entitled to represent veterans in their claims for benefits, on a pro bono basis, and for attorney’s fees on appeals, where they are available.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
All times are P.D.T
9:00 Program Overview and Introductions
Michael Blecker, Theresa Mesa, Teresa Panepinto
9:15 Introduction to Benefits for Veterans with Disabilities
During this hour, we will define the term “veteran”, provide an overview of the various benefits that veterans can receive from the VA, discuss the VA attorney accreditation process for those interested in practicing in this field, and emphasize the need for pro bono attorneys to assist veterans.
- Introductions
- Administrative Background
- Benefits Available from the Department of Veterans Affairs
- Applying for VA Non-Service Connected Pension
Bradford Adams, Teresa Panepinto, John R. Unruh
10:15 Developing and Winning the Claim
In this hour, we will discuss service-connected disability compensation, the three requirements to win a claim for this benefit, and the VA’s disability percentage rating system. We will explain how to apply and pursue a claim from the initial claim through to an appeal to the Board of Veterans’ Appeals. We hope to impart practical information that can be put to service so you can begin representing veterans right away.
- Service Connected Disability Compensation
- Evaluating and Developing the Claim
- Hearings and Appeals
- Practice Tips
Bradford Adams, Nicole Perez, John R. Unruh
11:15 Networking Break
11:30 Special Issues
Many combat veterans have been booted out of the military with less than honorable discharges for drug use or other misconduct associated with PTSD. Such veterans need to apply for a special determination from the VA that their service warrants a grant of benefits in spite of the character of discharge. We will discuss that process. We will also discuss the special rules for establishing a claim for combat-related PTSD and military sexual trauma.
- Assisting Otherwise Ineligible Veterans: VA Character of Service Determination
- Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI)
- Military Sexual Trauma
Bradford Adams, Nicole Perez, John R. Unruh
Important Note: The three hour morning session meets the requirements for practice before the US Department of Veterans Affairs (VA). Registrants must apply to the VA for accreditation prior to training in order for the training to count towards the VA continuing education requirement for accredited attorneys. Please visit www.va.gov/ogc/accreditation.asp for more information. It may take several weeks for the VA to process the application form.
12:30 Lunch
1:45 Veterans’ Cultural Competency: Combat to Community – Demographics, Cultural Characteristics, Myths and Stereotypes about Veterans
In this hour, in order to assist you in developing a positive and sensitive relationship with your clients, we will discuss military culture and the challenges that veterans face in transitioning from combat back into their communities.
- Working with Veterans Transitioning from Combat to the Community
- Challenges Veterans Face
- Services and Supports for Veterans
Amy N. Fairweather, Starlyn Lara
2:45 Military Discharge Upgrade and Review
A less than fully honorable discharge has many consequences: it disqualifies the veteran from many VA benefits, can impact a veteran’s employment opportunities, and cause feelings of shame, inadequacy, and anger. We will explain how you can help a veteran upgrade his or her discharge by applying to the Discharge Review Boards and Boards for Correction of Military Records.
- The Uniform Code of Military Justice (UCMJ) and Character of Military Service
- Post-military Service Problems for Those With Less Than Fully Honorable Discharges
- Military Discharge Review Boards and Boards for Correction of Military/Naval Records
- Reasons for Upgrade: Equity or Propriety; Correcting Errors or Injustices; Clemency
- Obtaining and Evaluating Military Records and other Evidence; Developing the Case
Austin Baumgarten, Teresa Panepinto
3:45 Networking Break
4:00 Special Issues in Discharge Review
Many veterans are discharged from the military for reasons that are unjust or inaccurate, and those reasons are documented on important discharge paperwork. Stated reasons can include personality disorder, homosexuality, unfit for service, and misconduct. We will explain why these reasons are significant, and also will discuss the repeal of Don’t Ask, Don’t Tell.
- Changing the Reason for Discharge
- Don’t Ask, Don’t Tell Discharges
- Wrongful Personality Disorder Discharges vs. Disability Discharges
- General Practice Pointers
Teresa Panepinto, Nicole Perez
5:00 Adjourn
Chairperson(s)
Theresa Mesa ~ Program Developer, Office of Legal Services, The State Bar of California
Speaker(s)
Starlyn Lara ~ Women Veteran Program Manager, Community Educator and Outreach Program Manager, Swords to Plowshares
Program Attorney(s)
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.
PLI's Live Webcasts are approved for MCLE credit (
unless otherwise noted in the product description) in the following states/territories: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana
1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York
2, Ohio
3, Oklahoma, Oregon*, Pennsylvania
4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia
5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.
*PLI will apply for credit upon request.
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
1Indiana: Considered a distance education course. There is a 6 credit limit per year.
2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.
5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.