NOVA News & Notes – December 21, 2017



NOVA News & Notes

ICYMI: Recently Discussed on the Forums

Information Exchange Forum- RAMP webinar

Appellate New Forum - Extra-schedular/prejudice

Electronic Access Forum - Update to VBMS

USCAVC Miscellaneous Order 15-17 in re:  Timeliness of Notices of Appeal

To obtain review of an adverse Board of Veterans' Appeals (Board) decision, an appellant must file a Notice of Appeal (NOA) with the Court within 120 days after the date on which notice of the Board decision is mailed. 38 U.S.C. § 7266(a); U.S. Vet. App. R. 4(a). The Supreme Court of the United States has determined that this 120-day period is not jurisdictional.  Henderson v. Shinseki, 562 U.S. 428 (2011).

The Court has had a practice of sua sponte identifying NOAs that appear to have been filed outside the 120-day appeal period. Thereafter, the Court would issue an order directing the appellant to show cause why the appeal should not be dismissed. The Court has determined, effective Wednesday, December 6, 2017, that it will discontinue its practice of sua sponte raising the untimeliness of any NOA filed. Accordingly, all parties are hereby notified that for all appeals filed beginning on December 6, 2017, the Court will act on matters of timeliness of an appeal only if the Secretary of Veterans Affairs (Secretary) raises the issue in a motion to dismiss. To read more, click HERE.

Friendly Reminder: Your NOVA Membership May Expire December 31

For those 60% of NOVA members whose membership expires at the end of the year, this is a friendly reminder that your membership will expire December 31, 2017. Thank you for being a valuable member and thank you for your support of NOVA over the past year.

If your membership is set to expire at the end of the year, you should have already received a dues notice via email. If you are unsure when your membership expires, log in to your user profile and click "Manage My Profile." Your membership expiration date will be listed at the top of the page. If your membership is set to expire at the end of the year, you'll see an expiration date of January 1, 2018.

To renew your membership now, you can do so online or via our hard copy forms which you can then email, fax or mail to NOVA Staff. To renew online, click HERE. If you have any questions or concerns regarding your NOVA Membership, please contact Meghan Dunham at the NOVA Office.

Register Now for NOVA's New Webinar on "Ethics: Technological Competence and Client Communication" Coming on January 24

Do you understand your responsibilities if your system is hacked and client data is breached? Did you know that a 2012 comment to a model rule requires you to be knowledgeable of “the benefits and risks associated with relevant technology”?  Join NOVA member John Tucker as he helps you navigate ethical issues surrounding use of technology and client communication.  John presented this session to NOVA’s fall 2017 conference attendees in one of our highest rated sessions.  John will walk you through your duty of technological competence, as it relates to responsibility for data breaches, buying and using software as a service (SaaS), encryption issues, and email communication.  John will address relevant model rules and recent opinions, as well as provide practical tips for assessing your practice’s technological savvy. *CLE Approval for this program is pending in Virginia.

Register Now! Space is limited to the first 100 registrants!

Member Registration Fee: $99.00

Click HERE to register.
Save the Date for Future NOVA Conferences!

Spring Conference 2018
San Diego, CA - March 15-17, 2018
Hotel: Loews Coronado Bay

Fall Conference 2018
Washington, DC - October 18-20, 2018
Hotel: Hyatt Regency Capitol Hill

Spring Conference 2019
Nashville, TN - March 21-23, 2019
Hotel: Sheraton Grand Nashville Downtown

Fall Conference 2019
Portland, OR - September 12-14, 2019
Hotel: Hilton Portland Downtown