**§14.628 Recognition of organizations.**

Authorized officers of an organization may request recognition by letter
to the Secretary of Veterans Affairs.

\(a\) *National organization.* An organization may be recognized as a
national organization if:

\(1\) It was recognized by the Department of Veterans Affairs prior to
October 10, 1978, and continues to satisfy the requirements of
§14.628(d) of this section, or

\(2\) It satisfies the following requirements:

> \(i\) Requirements set forth in paragraph (d) of this section,
> including information required to be submitted under that paragraph;
>
> \(ii\) In the case of a membership organization, membership of 2,000
> or more persons, as certified by the head of the organization;
>
> \(iii\) Capability and resources to provide representation to a
> sizable number of claimants;
>
> \(iv\) Capability to represent claimants before the Board of Veterans'
> Appeals in Washington, D.C.; and
>
> \(v\) Geographic diversification, i.e., either one or more posts,
> chapters, or offices in at least ten states, or one or more members in
> at least twenty states.

\(b\) *State organization*. An organization created and primarily funded
by a State government for the purpose of serving the needs of veterans
of that State may be recognized. Only one such organization may be
recognized in each State.

\(c\) *Regional or local organization.* An organization other than a
State or national organization as set forth in paragraphs (a) and (b) of
this section may be recognized when the Department of Veterans Affairs
has determined that it is a veterans' service organization primarily
involved in delivering services connected with either title 38 U.S.C.,
benefits and programs or other Federal and State programs designed to
assist veterans. The term *veteran* as used in this paragraph shall
include veterans, former armed forces personnel, and the dependents or
survivors of either. Further, the organization shall provide
responsible, qualified representation in the preparation, presentation,
and prosecution of claims for title 38 U.S.C., benefits.

\(d\) *Requirements for recognition*.

\(1\) In order to be recognized under this section, an organization
shall meet the following requirements:

\(i\) Have as a primary purpose serving veterans. In establishing that
it meets this requirement, an organization requesting recognition shall
submit a statement establishing the purpose of the organization and that
veterans would benefit by recognition of the organization.

\(ii\) Demonstrate a substantial service commitment to veterans either
by showing a sizable organizational membership or by showing performance
of veterans' services to a sizable number of veterans. In establishing
that it meets this requirement, an organization requesting recognition
shall submit:

\(A\) The number of members and number of posts, chapters, or offices
and their addresses;

\(B\) A copy of the articles of incorporation, constitution, charter,
and bylaws of the organization, as appropriate;

\(C\) A description of the services performed or to be performed in
connection with programs administered by the Department of Veterans
Affairs, with an approximation of the number of veterans, survivors, and
dependents served or to be served by the organization in each type of
service designated; and

\(D\) A description of the type of services, if any, performed in
connection with other Federal and State programs which are designed to
assist former Armed Forces personnel and their dependents, with an
approximation of the number of veterans, survivors, and dependents
served by the organization under each program designated.

\(iii\) Commit a significant portion of its assets to veterans' services
and have adequate funding to properly perform those services. In
establishing that it meets this requirement, an organization requesting
recognition shall submit:

\(A\) A copy of the last financial statement of the organization
indicating the amount of funds allocated for conducting particular
veterans' services (VA may, in cases where it deems necessary, require
an audited financial statement); and

\(B\) A statement indicating that use of the organization's funding is
not subject to limitations imposed under any Federal grant or law which
would prevent it from representing claimants before the Department of
Veterans Affairs.

\(iv\) Maintain a policy and capability of providing complete claims
service to each claimant requesting representation or give written
notice of any limitation in its claims service with advice concerning
the availability of alternative sources of claims service. Except as
provided in paragraphs (d)(1)(iv)(A) and (B) of this section, in
establishing that it meets this requirement, an organization requesting
recognition shall submit evidence of its capability to represent
claimants before Department of Veterans Affairs regional offices and
before the Board of Veterans' Appeals.

\(A\) If an organization does not intend to represent claimants before
the Board of Veterans' Appeals, the organization shall submit evidence
of an association or agreement with a recognized service organization
for the purpose of representation before the Board of Veterans' Appeals,
or the proposed method of informing claimants of the limitations in
service that can be provided, with advice concerning the availability of
alternative sources of claims service.

\(B\) If an organization does not intend to represent each claimant
requesting assistance, the organization shall submit a statement of its
policy concerning the selection of claimants and the proposed method of
informing claimants of this policy, with advice concerning the
availability of alternative sources of claims service.

> **Note to Paragraph (d)(1)(iv):** An organization may be considered to
> provide complete claims service notwithstanding the exercise of
> discretion to determine that provision of representation in a
> particular case is impracticable or inappropriate because, under the
> circumstances, the facts or law do not support the filing of a claim
> or appeal, an appropriate representative-claimant relationship cannot
> be maintained, or representation would give rise to a conflict of
> interest on the part of the organization.

\(v\) Take affirmative action, including training and monitoring of
accredited representatives, to ensure proper handling of claims. In
establishing that it meets this requirement, an organization requesting
recognition shall submit:

\(A\) A statement of the skills, training, and other qualifications of
current paid or volunteer staff personnel for handling veterans' claims;
and

\(B\) A plan for recruiting and training qualified claim
representatives, including the number of hours of formal classroom
instruction, the subjects to be taught, the period of on-the-job
training, a schedule or timetable for training, the projected number of
trainees for the first year, and the name(s) and qualifications of the
individual(s) primarily responsible for the training.

\(2\) In addition, the organization requesting recognition shall supply:

\(i\) A statement that neither the organization nor its accredited
representatives will charge or accept a fee or gratuity for service to a
claimant and that the organization will not represent to the public that
Department of Veterans Affairs recognition of the organization is for
any purpose other than claimant representation; and

\(ii\) The names, titles, and addresses of officers and the official(s)
authorized to certify representatives.

\(e\) *Recognition or denial*. Only the Secretary is authorized to
recognize organizations. Notice of the Secretary's determination on a
request for recognition will be sent to an organization within 90 days
of receipt of all information to be supplied.

\(f\) *Requests for further information.* The Secretary or the
Secretary's designee may request further information from any recognized
organization, including progress reports, updates, or verifications.
(Authority: 38 U.S.C. 501(a), 5902).

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0439.)

\[53 FR 52419, Dec. 28, 1988, as amended at 57 FR 33878, July 31, 1992;
68 FR 8544, Feb. 24, 2003\]