Accreditation

Chapter 59 of title 38, United States Code, governs the representation of claimants for veterans benefits and the accreditation of representatives, agents, and attorneys.  Title 38 is available in its entirety at the House Committee on Veterans’ Affairs website at: http://veterans.house.gov/about/comdocs/title38.pdf.

Sections 14.626 through 14.635 of title 38, Code of Federal Regulations, implement the statutes in chapter 59 governing the representation of claimants for veterans benefits and the accreditation of representatives, agents, and attorneys.  An unofficial searchable version of the Code of Federal Regulations including title 38 is available at the Government Printing Office website at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=%2Findex.tpl. Because both websites may not reflect current changes in the law, interested individuals should check multiple sources to ensure accuracy.

Public Law 109-461
Section 101 of Public Law 109-461, enacted on December 22, 2006, amended chapter 59 of title 38. Section 101 amends the law governing the recognition of individuals for the preparation, presentation, and prosecution of claims for benefits before VA.  It requires VA to: (1) regulate the qualifications and standards of conduct applicable to accredited agents and attorneys; (2) annually collect information about accredited agents' and attorneys' standing to practice or appear before any court, bar, or Federal or State agency; (3) proscribe accreditation of individuals who have been suspended or disbarred from any such entity without reinstatement; (4) add to the list of grounds for suspension or exclusion of agents or attorneys from further practice before VA; and (5) subject veteran service organization representatives and individuals recognized for a particular claim to suspension and exclusion from further practice before VA on the same grounds as apply to agents and attorneys.

Section 101 also amends the fee provisions in chapter 59.  Under these amendments, accredited agents and attorneys may charge fees for services provided after the claimant files a notice of disagreement in the case, rather than after the Board first makes a final decision in the case. The amendments also authorize VA to: (1) restrict the amount of fees agents or attorneys may charge and subject fee agreements between agents or attorneys and claimants to review by the Secretary, such review to be appealable to the Board; and (2) collect an assessment from any agent or attorney to whom VA pays fees directly from past-due benefits.  Further, the amendments eliminate fee matters as grounds for criminal penalties under 38 U.S.C. § 5905. 
(Link to full text of Public Law 109-461)

VA Published Regulations Expanding Veterans' Choice of Representation
On May 7, 2007, VA published in the Federal Register proposed rules to implement the new law. The 30-day public comment period closed on June 6, 2007, and VA is reviewing the numerous comments provided in preparation for drafting a final rule.
(Link to full text of proposed regulation)

Information on the Impact of the New Law
The Office of the General Counsel has published an information bulletin and fact sheet that highlight significant changes in the law governing representation of claimants for veterans benefits and accreditation of agents and attorneys.
(Link to Bulletin)
(Link to Fact Sheet)

VA Published Accreditation Regulations

On October 12, 2007, VA published in the Federal Register final rule AM29, Accreditation of Service Organization Representatives and Agents, amending 38 C.F.R. §§ 14.629 and 14.633.  The final rule will:  (1) require veterans service organizations (VSO) to periodically recertify the qualifications of accredited representatives; (2) require VSOs to notify VA's Office of the General Counsel when a VSO's request to cancel a representative's accreditation is based on misconduct or lack of competence; and, (3) add procedures for suspension of accreditation and reinstatement following suspension. 

After publication of the proposed rule, the President signed Public Law 109-461 amending chapter 59 of title 38, United States Code, governing the representation of veterans before VA.  As a result of these amendments, proposed procedures for the periodic recertification of agents were dropped from the final rule.

In comments to the proposed rule, VSOs expressed concern regarding their ability to recertify representatives in a timely manner.  To address this concern, the rule is effective 90 days from the date of publication, January 10, 2008.  Moreover, compliance dates for recertification of accredited representatives will be phased in over a 15-month period according to the first letter of the last name of the representative and the first group of recertifications, for those representatives with last names beginning with the letters A through F, must be complete not later than April 9, 2008.  For questions regarding this rule, please call VA's Office of the General Counsel at (202) 273‑6315.

(Link to full text of final regulation)