Accreditation

Frequently Asked Questions

Accreditation Forms:

• VA Form 21 - Application for Accreditation as Service Organization Representative
• Va Form 21a - Application for Accreditation as a Claims Agent or Attorney
• VA Form 21-22 -  Appointment of Veterans Service Organization as Claimant's Rep. (Fillable)
• VA Form 21-22a -  Appointment of Individual As Claimant's Representative

Fax: (202) 495-5457

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 U.S. Government Printing Office website at:   http://www.gpoaccess.gov/uscode/index.html

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 22, 2008, VA published in the Federal Register final rules to implement section 101 of Public Law 109-461.  The rules are effective 30 days from date of publication.  (Link to Federal Register Notice)

For questions or comments, please email us at OGCAccreditationMailbox@va.gov