Becoming an accredited representative before the Department of Veterans Affairs (VA) is a formal procedure that grants individuals the authority to assist veterans, their dependents, and survivors in pursuing claims for benefits. Accreditation is mandatory for anyone wishing to prepare, present, or prosecute a claim on behalf of a claimant, ensuring the veteran receives qualified and ethical assistance. The VA Office of General Counsel (OGC) oversees this program to maintain a standard of competence and character among those who represent claimants.
Understanding the Different Types of VA Accreditation
The VA recognizes three distinct categories of accredited representatives, each following a unique path to approval.
The most common are those affiliated with Veterans Service Organizations (VSOs), such as the Disabled American Veterans or the American Legion. These individuals are typically staff or volunteers certified by their organization, which then recommends them to the OGC for accreditation.
The second category includes private attorneys who must be members in good standing of a State Bar association. Their accreditation relies on their existing legal credentials and adherence to professional standards.
The third group is the claims agent, a non-attorney individual who seeks accreditation independently. Claims agents and attorneys generally provide services on a fee basis, while VSO representatives are prohibited from charging for assistance.
The requirements for initial training and mandatory testing vary across these categories. Claims agents must pass a specific written examination administered by the OGC, a requirement typically waived for attorneys. VSO representatives are certified through their organization’s VA-approved internal training programs.
Initial Eligibility and Character Requirements
All applicants seeking accreditation must first satisfy baseline criteria focused on personal character and fitness. The VA requires a determination that the individual is of good character and capable of providing responsible representation. This initial assessment serves as a gatekeeper to protect claimants from unscrupulous or incompetent assistance.
The determination of fitness involves a thorough background investigation, including checks of criminal history and professional standing. Attorneys must provide proof of good standing with all state bars, courts, or federal agencies where they practice. Applicants must also submit professional character references who can attest to their integrity and competence.
The OGC reserves the right to deny or suspend accreditation for individuals who fail to meet these standards. Grounds for disqualification include prior disbarment or conviction of a felony related to financial fraud. Any history of professional misconduct that demonstrates a lack of trustworthiness can prevent accreditation.
The Formal Application Process
The formal application process is centralized through the VA Office of General Counsel (OGC), though the procedural steps vary by representative category.
Attorneys and Claims Agents
Attorneys and claims agents must complete and submit VA Form 21a, the official “Application for Accreditation as a Claims Agent or Attorney.” This form requires detailed personal and professional history, including the applicant’s background, education, and any prior professional disciplinary actions. The completed form, along with necessary attachments like proof of bar membership, can be submitted to the OGC via mail, fax, or email.
VSO Representatives
VSO representatives do not use Form 21a. Their application is initiated when a certifying official from the recognized VSO submits a letter to the OGC. This letter affirms that the individual has been trained by the organization and is recommended for accreditation.
The OGC processes all applications, reviewing documentation and initiating the character and fitness investigation. Applicants are eventually notified of the determination and, if approved, are cleared to proceed toward full accreditation.
Mandatory Initial Training Requirements
After the successful application submission and OGC character assessment, agents and attorneys must complete initial training to demonstrate competence in veterans law. VA regulations stipulate that agents and attorneys must complete a minimum of three hours of qualifying continuing legal education (CLE) within the first 12 months after their accreditation date. This requirement ensures that new representatives begin their practice with a foundational knowledge of the legal and procedural framework.
The initial training must cover core areas of veterans benefits law, including claims procedures, basic eligibility rules, and the right to appeal VA decisions. The curriculum must specifically address disability compensation, dependency and indemnity compensation, and veterans pension programs, as outlined in Title 38 of the U.S. Code.
Acceptable sources include courses approved for CLE credit by any State bar association. Upon completion, the representative must provide a written certification to the OGC detailing the CLE course title, date, time, and provider identification.
Passing the Accreditation Examination
The mandatory written examination administered by the OGC is the most distinct requirement for non-attorney claims agents. This comprehensive test verifies the agent’s practical knowledge of the statutes, regulations, and procedures governing VA benefits. Claims agents must pass this exam before accreditation is finalized; this step is generally waived for attorneys due to their existing professional licensing.
The closed-book examination typically consists of multiple-choice and true-false questions. To achieve a passing score, the applicant must correctly answer a specified percentage of the questions, historically around 75 percent. The subject matter covers topics such as compensation and pension programs, claim procedures, the appeals process, and the rules governing agents’ fees.
The questions are primarily derived from Title 38 of the United States Code and the corresponding Title 38 of the Code of Federal Regulations. This focus on primary law ensures that claims agents have a working familiarity with the legal sources that govern veterans benefits. Applicants who do not pass the initial attempt are typically allowed a retake of the examination, which is offered on predetermined dates throughout the year.
Ethical Responsibilities and Standards of Conduct
Once accredited, representatives are bound by ethical responsibilities and standards of conduct established by the VA. These rules require the representative to faithfully execute their duties, act with competence and diligence, and be truthful in all dealings with claimants and the VA. The standards are codified to ensure that claimants receive zealous and prompt representation throughout the claims process.
A central component of the ethical framework is the strict regulation of fees. Representatives are prohibited from charging any fee for work performed on an initial claim for VA benefits. Fees can only be charged after the VA has issued a decision and a Notice of Disagreement has been filed, initiating an appeal or review process.
Any fee agreement must be in writing, signed by both parties, and clearly outline the terms of compensation. The VA prohibits charging fees that are excessive or unauthorized by law, and representatives must file a copy of the agreement with the VA. Violations of these standards, including fraud or charging unauthorized fees, can lead to formal disciplinary action by the OGC, resulting in the suspension or permanent cancellation of accreditation.
Maintaining Accreditation and Continuing Education
Maintaining accreditation requires representatives to demonstrate an ongoing commitment to professional development. The VA mandates that accredited agents and attorneys fulfill continuing legal education (CLE) requirements to ensure their knowledge of veterans law remains current.
Following the initial three-hour training, representatives must complete an additional three hours of qualifying CLE every two years thereafter. This continuing education must focus on veterans benefits law and procedure and be approved for credit by any State bar association. The requirement ensures that the representative stays informed about frequent changes in VA regulations, judicial interpretations, and statutory amendments.
Representatives must submit a written certification to the OGC detailing the course title, date, and provider for each completed CLE segment. Accredited attorneys and agents must also annually certify their good standing with the OGC. This certification confirms that the attorney is still licensed to practice law or that the claims agent is complying with all professional requirements. Failure to meet recurring CLE obligations or to report changes in professional status, such as a suspension from a state bar, can lead to a review and potential termination of accreditation.