VA Benefits and the VA Claims Process: VA Accreditation Training (Attorney)
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Presenters: Alexis Ivory, Barton Stichman, Elizabeth Tarloski, Rick Spataro
Length: 3 hours and 17 minutes (excludes breaks in between presentations)
Recorded: June 2025
Approved for 3.5 CLE credits by the Virginia State Bar
$250.00
Webinar Description:
This training satisfies the initial education requirements of the U.S. Department of Veterans Affairs (VA) for attorney and agent accreditation under 38 C.F.R. § 14.629(b)(1). It provides key information and advocacy advice about practice before the VA, including representation of VA claimants, the VA claim and appeal process, and some of the most important types of VA benefits, as detailed below.
- Representation Before the VA (Alexis M. Ivory) (20 min): The requirements of 38 C.F.R. § 14.629 for accreditation to represent claimants before the VA; standards of conduct for persons providing representation before the VA under 38 C.F.R. § 14.632; how VA claimants appoint a representative; and when fees can be charged to claimants, fee agreements, and reasonableness of fees.
- Basic Eligibility for VA Benefits (Alexis M. Ivory) (10 min): Who qualifies as a “veteran” under 38 U.S.C. § 101(2); the “active service” requirement; character of discharge requirement; and the length-of-service requirement.
- Disability Compensation (Barton F. Stichman) (75 min): The “benefit-of-the-doubt” standard of proof; the elements necessary to establish entitlement to service-connected disability compensation, including current disability, in-service event, disease or injury, and the five theories that can be used to establish a nexus between the current disability and service; how the VA determines the degree of disability, including total disability ratings based on individual unemployability and rating reductions; effective dates for compensation benefits; and special monthly compensation.
- Disability Pension (Elizabeth Tarloski) (13 min): An overview of requirements to establish entitlement to VA’s Improved Pension benefit, including “wartime service,” “permanently and total disability,” “low income,” and “low net worth.” We will also discuss prohibited asset transfers that will incur a penalty period during which a claimant is prohibited from receiving Improved Pension.
- Survivors’ Benefits (Elizabeth Tarloski) (15 min): An overview of requirements to establish entitlement to Dependency and Indemnity Compensation (DIC), including who qualifies as a surviving spouse, child, or parent eligible to receive DIC, and the causes of or circumstances surrounding the death of a veteran that will qualify an eligible survivor for DIC.
- VA Claims and Appeals/Review Process (Richard V. Spataro) (64 min): A brief summary of the VA’s “legacy” claims and appeals system, followed by detailed information about the VA’s modernized claims and appeals system created by the VA Appeals Improvement and Modernization Act of 2017 (AMA) and how to successfully navigate that system. We will discuss the types of VA claims that can be filed, the VA’s duty to assist claimants, and VA regional office decisions. We will then explain the VA’s three options and associated procedures for seeking review of an unfavorable VA decision under the AMA in order to continuously pursue a claim: seek higher-level review, file a supplemental claim, or appeal to the Board of Veterans’ Appeals.