The Only Constant Is Change:at the Court and in Veterans Law

Washington,DC March4-5,2010

GrandHyattWashington

ELEVENTHJUDICIALCONFERENCE

UNITEDSTATESCOURTOFAPPEALSFORVETERANSCLAIMS

2 | UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

ANINVITATIONChief Judge William P. Greene, Jr., of the United States Court of Appeals for Veterans Claims (CAVC) summons the Judges of the Court, all persons admitted to practice before it, and all persons interested in the practice of veterans law to the Grand Hyatt Washington, D.C., for the Eleventh Judicial Conference of the United States Court of Appeals for Veterans Claims, to be held March 4 and 5, 2010.

THEPROGRAMJudicialConference

The program for the Conference was developed by the Program Committee, an advisory group responsible for developing the legal content for the Court’s Conference. That Committee was comprised of representatives from veterans law practice. Its members were: Program Committee Co-Chair Glenn Bergmann, Bergmann and Moore, LLC, representing the U. S. Court of Appeals for Veterans Claims Bar Association; Program Committee Co-Chair Randy Campbell, Assistant General Counsel, U.S. Department of Veterans Affairs, representing VA Office of General Counsel; Donnie Hatchey, representing the Board of Veterans’ Appeals; Meg Bartley, representing the Veterans Consortium Pro Bono Program; and Kathy A. Lieberman, Lieberman & Mark, representing the National Organization of Veterans Advocates, Inc. Two of the Court’s Judges, Judge Lawrence B. Hagel and Judge Robert N. Davis, acted as advisors to the Committee.

The program will focus on the ever-changing terrain of veterans law, with presentations on recent legal and regulatory developments. Some highlights of the Conference include a luncheon address by Justice Sandra Day O’Connor, a presentation and panel discussion on traumatic brain injury, a panel discussion regarding the medical and legal issues involved in obtaining and providing medical nexus opinions, and the opportunity to converse with other practitioners in the area of veterans law.

In addition, Conference attendees will have the opportunity to interact directly with the Judges of the Court at two sessions of the Conference --- “A Conversation with the Judges” and the “Great Ideas” luncheon. If you would like to submit your questions and Great Ideas at the time of registration, please use the fillable forms below. If you wish to submit these items at a later date, you may do so until February 18, 2010, by sending them by electronic mail to conference@uscourts.cavc.gov.

Judges will respond to submitted questions as time permits. The “Great Ideas” luncheon will provide a limited number of participants with the opportunity to present their ideas to improve Court efficiency, speed decisionmaking, or enhance the public’s understanding of the Court.

BarAssociationActivities:SpecialSessionsandAdmissionCeremony

The CAVC Bar Association will also conduct a half-day program on March 5, 2010, immediately following the conclusion of the Court’s Judicial Conference. The program will include an address by The Honorable Eric K. Shinseki, Secretary of Veterans Affairs, and a presentation by Professor Michael P. Allen on Due Process and the Veteran. For further details on this program, please visit www.cavcbar.net.

The CAVC Bar Association will sponsor an admission ceremony, to be held during the Judicial Conference, for new members of the Court’s Bar. For information and requirements on gaining admission to the Court’s bar and to sign up for this event visit www.cavcbar.net.

Eleventh Judicial Conference | 3

GENERALINFORMATION

CLEACCREDITATION Any state requested by attendees.

Please complete the appropriate section on the Registration Form.

TOREGISTER RegistrationFees:

Early Bird Registration:through January 22nd.

Regular Registration:January 23rd through February 22nd (midnight)

At-the-door registration is also available.

Early Bird rate for Government and VSOs. . . . . . . . . . $230

Regular rate for Government and VSOs. . . . . . . . . . $300

Early Bird rate for Practitioners . . . . . . . . . . . . . . . . . . $295

Regular rate for Practitioners . . . . . $345

At-the-door registration for practitioners, Government, and VSOs . . . . . . . . . . . . . . . . . . . . $395

To register, please complete the Registration Form at www.uscourts.cavc.gov.

CAVCBarAssociationRegistration

Registration for the Bar Association’s component of the Judicial Conference is free to all current members. The cost for nonmembers is $95, which includes a membership to the CAVC Bar Association for the 2009-2010 membership year.

4 | UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Please note that the Bar Association will sponsor a ceremonial admission for new members of the Court’s Bar on Friday, March 5, 2010. For further details and to sign up for this event, please visit the Bar Association’s Web site. (www.cavcbar.net)

To register for the CAVC Bar Association program, please see the Judicial Conference registration form at www.uscourts.cavc.gov.

SEMINARPREFERENCES Please note the topics for the “breakout” seminars on pages 8 and 9 of this program. There will be time to attend only two seminars; one in the morning and one in the afternoon. Please list in order of preference the two seminars you wish to attend. Kindly also list your third and fourth alternate choices. We will make every effort to accommodate your preferences. Register early!

DIETARYRESTRICTIONS Lunch will be served on both days of the Conference. There are options for dietary restrictions. Please see the appropriate section on the Registration Form.

FORMOREINFORMATION Visit the Court’s Web site at www.uscourts.cavc.gov or call RobertBieber at (202) 501-5980 ext.1050.

GENERALINFORMATIONContinued

Eleventh Judicial Conference | 5

PROGRAM

MARCH4,2010

7:30a.m. REGISTRATION/CONTINENTAL BREAKFAST

8:30a.m. CALL TO ORDERJudgesLawrenceB.Hagel and RobertN.Davis, U. S. Court of Appeals for Veterans Claims Judicial Conference Co-Chairs

PRESENTATION OF THE COLORS

NATIONAL ANTHEMPattyTrujillo,Esq., Staff Attorney, U. S. Department of Veterans Affairs, Washington Regional Counsel Office

WELCOMING REMARKS and STATE OF THE COURT ChiefJudgeWilliamP.Greene,Jr.,U.S. Court of Appeals for Veterans Claims

9:30a.m. TRENDS AT THE U.S. COURT OF APPEALS FOR VETERANS CLAIMS AND THE U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT.

MichaelP.Allen,Esq. Professor of Law, Stetson University College of Law, Gulfport, Florida

LindaD.Jellum,Esq.Professor of Law,Mercer University School of Law, Macon, Georgia

11:00a.m. BREAK

11:15a.m. BREAKOUT SEMINARS

12:15p.m. LUNCHEON

1:00p.m. JusticeSandraDayO’Connor (Luncheon Address)

2:00p.m. BREAKOUT SEMINARS

6 | UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

3:00p.m. BREAK

3:15p.m. TRAUMATIC BRAIN INJURY:Challenges for Veterans, VA, Advocates and the Courts

Moderator: ThomasA.Moore, Esq., Program Manager,Lawyers Serving Warriors, a project of the National Veterans Legal Services Program

Panelists: SimonH.Forgette,Esq.,Law Offices of Simon H. Forgette, Kirkland, Washington

Dr.JamesP.Kelly,Esq., Director, National Intrepid Center of Excellence, U.S. Department of Defense

BradleyFlohr, Assistant Director,Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs

Dr.JayM.Uomoto, VHA-DOD Liaison and Senior Consultant in TBI, The Defense Center for Excellence in Psychological Health, Washington, D.C.

4:45p.m. COMMITTEE REPORTS MaryAnnFlynn,Esq., Chair,

Committee on Admission and Practice, U.S. Court of Appeals for Veterans Claims

JoanE.Moriarty,Esq., Chair,Rules Advisory Committee, U.S. Court of Appeals for Veterans Claims

PROGRAMContinued

Eleventh Judicial Conference | 7

5:00p.m. UPDATE ON REGULATION REWRITE OF PART 3 {TITLE 38} — COMPENSATION AND PENSION REGULATIONS

WilliamF.Russo,Esq., Deputy Director of the Office of Regulation Policy and Management,Department of Veterans Affairs

5:30p.m. RECEPTION — Sponsored by CAVC Bar Association

MARCH5,2010

7:15a.m. CONTINENTAL BREAKFAST

8:00a.m. ETHICS“A Good Lawyer” StephenW.Comiskey,Esq., CIMA, CFP, Morgan Stanley Smith Barney, Washington, D.C.

10:00a.m. BREAK

10:15a.m. PANEL: MEDICAL NEXUS OPINIONS – THE DYNAMICS OF REQUESTING, WRITING, AND ANALYZING MEDICAL NEXUS OPINIONS IN VA DISABILITY BENEFIT CASES.Analysis by doctors who write these opinions and attorneys who use them.

Moderator: TheHonorableRobertN.Davis, Judge,U.S. Court of Appeals for Veterans Claims

Panelists: Dr.LewisR.Coulson, Associate Chief of Staff,Jesse Brown VA Medical Center, Chicago, Illinois

Dr.AnnMarieD.Gordon, President,Immaculate Medical Services, Washington, D.C., and medical consultant to the American Legion, Washington, D.C.

PROGRAMContinued

8 | UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

RonaldL.Smith,Esq., Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C.

RichardC.Thrasher,Esq., Chief Counsel for Policy and Procedure, Board of Veterans’ Appeals, Department of Veterans Affairs

11:45p.m. LUNCHEON

1:00p.m. A CONVERSATION WITH THE JUDGES

Moderator: LouisJ.George,Esq., Senior Attorney, National Veterans Legal Services Program, President of the U.S. Court of Appeals for Veterans Claims Bar Association

1:45p.m. CLOSING REMARKS1:50p.m. ChiefJudgeWilliamP.Greene,Jr.

Judicial Conference Ends

BARASSOCIATIONPROGRAM

2:00p.m. DUE PROCESS AND THE VETERAN: WHAT IS AND WHAT OUGHT TO BE

ProfessorMichaelP.Allen,Esq., Professor of Law, Stetson University College of Law, Gulfport, Florida

3:00p.m. The Honorable EricK.Shinseki, Secretary of Veterans Affairs

PROGRAMContinued

Eleventh Judicial Conference | 9

BREAKOUTSEMINARS

UpdateOnStaffConferencesConductedUnderRule33

Moderator: ChristopherW.Wallace,Esq., Central Legal Staff, U.S. Court of Appeals for Veterans Claims

Panelists: BarbaraJ.Cook, Esq., Attorney at law, Cincinnati, Ohio

LeslieC.Rogall, Esq., Deputy Assistant General Counsel, Department of Veterans Affairs

AliceS.Hoover,Esq.,Central Legal Staff,U.S. Court of Appeals for Veterans Claims

TheCourtin2020 IDEAS FOR CHANGE

Moderator: BrianB.Rippel,Esq., Deputy Assistant General Counsel, Department of Veterans Affairs

Panelists: TheHonorableJohnJ.Farley,IIIRetired Judge, U.S. Court of Appeals for Veterans Claims

LindaE.Blauhut, Esq., Associate General Counsel,Paralyzed Veterans of America

JamesD.Ridgway, Esq. Chief of Staff and Senior Law Clerk to The Honorable Alan G. Lance, Judge, U.S. Court of Appeals for Veterans Claims

10 | UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

UnderstandingTheCourt’sStandardsofReview

VIEWS FROM THE DEPARTMENT OF VETERANS AFFAIRS AND PRIVATE PRACTITIONERS

Moderator: CynthiaM.Brandon-Arnold,Esq., Senior Staff Attorney, Central Legal Staff, U.S. Court of Appeals for Veterans Claims

Panelists: RichardR.James,Esq.,Richmond, Virginia

DavidL.Quinn,Esq., Deputy Assistant General Counsel, Office of the General Counsel, Department of Veterans Affairs

NavigatingtheNationalPersonnelRecordsCenter/JointServicesRecordsResearchCenter

TIPS ON REQUESTING AND SEARCHING OFFICIAL RECORDS

Moderator: ChristineCoteHill, Esq., Senior Staff Attorney, National Veterans Legal Services Program

Panelists: DomenicM.Baldini,Director, Joint Services Records Research Center (JSRRC), Office of Administrative Assistant to Secretary of the Army

ChristiGreenwell,Chief,Program Review Staff, Compensation and Pension Service, Department of Veterans Affairs

RonaldL.Hindman,Director,National Personnel Records Center

BREAKOUTSEMINARSContinued

Quest

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ACONVERSATIONWITHTHEJUDGESConferees are invited to submit questions for the plenary session “A Conversation with the Judges.” Questions should pertain to practice before the Court. Questions may be submitted anonymously.

QuestionsmustbereceivednolaterthanFebruary18,2010.

MYQUESTION(S)FORTHECOURT

“GREATIDEAS”“Great Ideas” will provide luncheon participants the opportunity to

present their ideas to the Clerk and two Judges in a small informal setting. Luncheon participants will be selected taking into consideration the wide variety of veterans law practitioners. Conferees are invited to help the Court perform better by submitting suggestions that they believe might improve Court efficiency, speed decisionmaking, or enhance the public’s understanding of the Court. Invitees will be announced at the Conference.

Name: __________________________________________________________

Affiliation: VAGC Private Practitioner BVA VSO Other

MYSUGGESTION(S)FORTHECOURT

Pleasereturnthisformbyelectronicmailto:conference@uscourts.cavc.gov

Quest

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Eleventh Judicial Conference | 11

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