United States Department of Veterans Affairs
United States Department of Veterans Affairs

Records Management Service

01VA022

Current and Former Accredited Representative, Claim Agent, and Representative and Claims Agent Applicant and Rejected Applicant Records-VA

System location:
Records are maintained in the Office of General Counsel (022), and in the Veterans Benefits Administration (213C), Department of Veterans Affairs Central Office, Washington, DC 20420. Records will also be maintained in the Regional Counsel Offices, and the security offices of the following components of the Veterans Benefits Administration: Regional Offices, and the Hines, Illinois and Philadelphia, Pennsylvania automated benefits records centers. Records also will be maintained in the Computer security office for the Integrated Data Communications Utility at the Department of Veterans Affairs Medical Center in Martinsburg, West Virginia. Address locations are listed in VA Appendix I as set forth in the Federal Register publication, ``Privacy Act Issuances,'' 1993 Compilation.

Categories of individuals covered by the system:
The following categories of individuals will be covered by the system: (1) Individuals recommended by a recognized organization and accredited or previously accredited by VA to represent claimants for benefits; (2) claims agents who have applied for accreditation, are currently accredited or have been previously accredited by VA to represent claimants for benefits; (3) individuals whose names have been submitted to VA by service organizations for accreditation or who have applied to VA to become claims agents; and (4) attorneys who have been the subject of correspondence, investigations, or proceedings relating to their fitness to represent claimants for benefits before VA.

Categories of records in the system:
Records (or information contained in records) in this system may include: (1) Name and other identifying information; (2) address; (3) service organization affiliations; (4) claims agent examination and grade; (5) correspondence concerning prospective, present, or former claims agents or accredited representatives including claims agent recommendations and evaluations from third parties; (6) VA Form 2-21 and 21, (Application for Accreditation as Service Organization Representative) 21a. (Application for Accreditation as a Claims Agent); (7) Application for Accreditation as Agent forms; (8) investigative reports, correspondence and other information concerning the fitness of a prospective, present, or former claims agent, accredited representative or attorney; (9) documents, decisions, correspondence and other information relating to or including the granting, denial, suspension or cancellation of accreditation of representatives, claims agents, or attorneys, and information concerning the placement of representatives, claims agents, or attorneys on probation by VA or VA's issuance of a reprimand to such an individual pertaining to conduct relating to representation of claimants for benefits before VA; (10) information concerning an individuals' exercise of remote access privileges to the Veterans Benefits Administration automated claim records, including identification codes and codes used to access various VA automated communications systems and records systems, as well as security profiles and possible security violations; and (11) information, documents, correspondence, and decisions relating to the application for, and the grant, denial, suspension, or revocation of an individual's privilege of remote access to Veterans Benefits Administration automated claim records.

Authority for maintenance of the system:
Title 38, United States Code, Sections 501(a), 5902 and 5904. Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

  1. The record of an individual who is covered by this system may be disclosed to a member of Congress or staff person acting for the member when the member or staff person requests the record on behalf of and at the request of that individual.
  2. Any information in this system, except for the name and address of a veteran, which is relevant to a suspected violation or reasonably imminent violation of law, whether civil criminal or regulatory in nature and whether arising by general or program statute or by regulation, rule or order issued pursuant thereto, may be disclosed to a Federal, State, local or foreign agency charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, rule, regulation or order issued pursuant thereto.
  3. The name and address of a veteran which is relevant to a suspected violation or reasonably imminent violation of law, whether civil, criminal or regulatory in nature and whether arising by general or program statute or by regulation, rule or order issued pursuant thereto, may be disclosed to a Federal agency charged with the responsibility of investigating or prosecuting such violation, or charged with enforcing or implementing the statute, regulation or order issued pursuant thereto, in response to its official request.
  4. The name and address of a veteran, which is relevant to a suspected violation or reasonably imminent violation of law concerning public health or safety, whether civil, criminal or regulatory in nature whether arising by general or program statute or by regulation, rule or order issued pursuant thereto, may be disclosed to any foreign, State or local governmental agency or instrumentality charged under applicable law with the protection of the public health or safety if a qualified representative of such organization, agency or instrumentality has made a written request that such name and address be provided for a purpose authorized by law.
  5. The name, business address and service organization affiliation(s) of accredited representatives and claims agents may be disclosed to requesting service organizations, claimants for benefits and the general public in order to aid the requestor in verifying the identity and service organization affiliation of the accredited representative.
  6. Listings containing the names, business addresses, and status of accreditation of present and former accredited representatives may be provided to recognized service organizations.
  7. The name and address of a prospective, present, or former accredited representative, and any information concerning such accredited representative which is relevant to a refusal to grant accreditation, or a potential or past suspension or termination of accreditation of such representative, may be disclosed to the service organization(s) with whom the representative is affiliated.
  8. The name and address of a prospective, present, or former accredited representative, and any information which is relevant to a suspected violation or reasonably imminent violation of law, whether civil, criminal, or regulatory in nature and whether arising by general or program statute or by regulation, rule, or order issued pursuant thereto, may be disclosed to a Federal agency charged with the responsibility of investigating or prosecuting such violation, or charged with enforcing or implementing the statute, regulation, or order issued pursuant thereto.
  9. Any information in this system may be disclosed to the Department of Justice (DoJ), including U.S. Attorneys, upon its official request, or by VA upon its own initiative, in order for the U.S. Government, VA, or any VA official acting in his/her official capacity to respond to pleadings, interrogatories, orders or inquiries from the DoJ, and to supply the DoJ with information, to enable the DoJ to represent the U.S. Government in any phrase of litigation or in any case or controversy.
  10. The Office of General Counsel may disclose the name and address of any prospective, present, or former accredited representative, claims agent, or attorney, and any information concerning such individual that relates to unlawful, unprofessional, or unethical actions by that individual or to VA's denial, cancellation, suspension or termination of an individual's VA accreditation, or to both, where applicable, to employing entities and State and Federal licensing organizations when such information may be relevant to the initial or continued employment or licensing of a prospective, present, or former accredited representative, claims agent, or attorney by an employing entity or licensing organization. VA will not disclose the names and home addresses of veterans and their dependents to licensing organizations pursuant to this routine use.
  11. The Office of General Counsel may disclose the name and address of any prospective, present, or former accredited representative, claims agent, or attorney, and any information concerning such individual that relates to unlawful, unprofessional, or unethical actions by that individual or to VA's denial, cancellation, suspension or termination of an individual's VA accreditation, or to both, where applicable, to other Federal and State agencies and to Federal courts when such information may be relevant to the individual's provision of representational services before such agency or court. VA will not disclose the names and home addresses of veterans and their dependents pursuant to this routine use.

Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:

Storage:
Active records are maintained in individual folders stored in file cabinets. File cards with name and business addresses of individuals covered by this system are maintained in file cabinets. Listings of accredited representatives and claim agents are maintained both on magnetic disk and in hard copy in file cabinets. Identification codes and codes used to access various VA automated communications systems and records systems, as well as security profiles and possible security violations, are maintained on magnetic media in a secured environment within VA workspaces. Hard copies are maintained in locked containers.

Retrievability:
Records and file cards are maintained in alphabetical order by last name of the individuals covered by this system. Information concerning possible security violations associated with exercise or remote access privileges is retrieved by individual assignment numbers. Information concerning individual security profiles and codes assigned to an individual for that person to obtain access to various computer systems is retrieved by the individual's assignment number.

Safeguards:

  1. Access to and use of these records are limited to those persons whose official duties require such access. Personnel screening is employed to prevent unauthorized disclosure.
  2. Access to Automated Data Processing files is controlled at two levels: (1) Terminals, central processing units, and peripheral devices are generally placed in secure areas (areas that are locked or have limited access) or are otherwise protected; and (2) the system recognizes authorized users by means of an individually unique password entered in combination with an individually unique user identification code.
  3. Access to automated records concerning identification codes and codes used to access various VA automated communications systems and records systems, as well as security profiles and possible security violations is limited to designated automated systems security personnel who need to know the information in order to maintain and monitor the security of the VA's automated communications and veterans' claim records systems. Access to these records in automated form is controlled by individually unique passswords/codes. Agency personnel may have access to the information on a needto know basis when necessary to advise agency security personnel or for use to suspend or revoke access privileges or to make disclosures authorized by a routine use.
  4. Access to VA facilities where identification codes, passwords, security profiles and possible security violations are maintained is controlled at all hours by the Federal Protective Service, VA or other security personnel and security access control devices.

Retention and disposal:
VA amintains and disposes of records in accordance with records disposition authority approved by the Archivists of the United States.

System manager(s) and address:
Assistant General Counsel (022),VA Central Office, Washington, DC 20420.

Notification procedure:
An individual who wishes to determine whether a record is being maintained by the Assistant General Counsel under his or her name or other personal identifier, or wants to determine the contents of such records should submit a written request or apply in person to the Assistant General Counsel (022).

Record access procedures:
Individual seeking copies of records under this system that pertain to themselves, or seeking to amend such records, should make those requests under the Privacy Act. Individuals seeking copies of records pertaining to others should request them under the Freedom of Information Act. All such requests should be in writing, over the original, handwritten signature of the requester, and should be mailed to: FOIA/PA Officer (026G), Office of General Counsel, 810 Vermont Ave., NW, Washington, DC 20420. access to or wishes to contest records maintained under his or her name in this system may write or call or visit the Assistant General Counsel (022).

Contesting record procedures:
(See Records Access Procedures above.)

Record source categories:
Applications for accreditation of individuals, investigative malterial, and recommendations and correspondence from service organizations and third parties.


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