**§14.629 Requirements for accreditation of service organization
representatives, agents,**

> **and attorneys.**

The Assistant General Counsel of jurisdiction or his or her designee
will conduct an inquiry and make an initial determination regarding any
question relating to the qualifications of a prospective service
organization representative, agent, or attorney. If the Assistant
General Counsel or designee determines that the prospective service
organization representative, agent, or attorney meets the requirements
for accreditation in paragraphs (a) or (b) of this section, notification
of accreditation will be issued by the Assistant General Counsel or the
Assistant General Counsel's designee and will constitute authority to
prepare, present, and prosecute claims before an agency of original
jurisdiction or the Board of Veterans' Appeals. If the Assistant General
Counsel determines that the prospective representative, agent, or
attorney does not meet the requirements for accreditation, notification
will be issued by the Assistant General Counsel concerning the reasons
for disapproval, an opportunity to submit additional information, and
any restrictions on further application for accreditation. If an
applicant submits additional evidence, the Assistant General Counsel
will consider such evidence and provide further notice concerning his or
her final decision. The determination of the Assistant General Counsel
regarding the qualifications of a prospective service organization
representative, agent, or attorney may be appealed by the applicant to
the General Counsel. Appeals must be in writing and filed with the
Office of the General Counsel (022D), 810 Vermont Avenue, NW.,
Washington, DC 20420, not later than 30 days from the date on which the
Assistant General Counsel's decision was mailed. In deciding the appeal,
the General Counsel's decision shall be limited to the evidence of
record before the Assistant General Counsel. A decision of the General
Counsel is a final agency action for purposes of review under the
Administrative Procedure Act, 5 U.S.C. 701-706.

\(a\) *Service Organization Representatives*. A recognized organization
shall file with the Office of the General Counsel VA Form 21
(Application for Accreditation as Service Organization Representative)
for each person it desires accredited as a representative of that
organization. The form must be signed by the prospective representative
and the organization's certifying official. For each of its accredited
representatives, a recognized organization's certifying official shall
complete, sign and file with the Office of the General Counsel, not
later than five years after initial accreditation through that
organization or the most recent recertification by that organization, VA
Form 21 to certify that the representative continues to meet the
criteria for accreditation specified in paragraph (a)(1), (2) and (3) of
this section. In recommending a person, the organization shall certify
that the designee:

\(1\) Is of good character and reputation and has demonstrated an
ability to represent claimants before VA;

\(2\) Is either a member in good standing or a paid employee of such
organization working for it not less than 1,000 hours annually; is
accredited and functioning as a representative of another recognized
organization; or, in the case of a county veteran's service officer
recommended by a recognized State organization, meets the following
criteria:

\(i\) Is a paid employee of the county working for it not less than
1,000 hours annually;

\(ii\) Has successfully completed a course of training and an
examination which have been approved by a Regional Counsel with
jurisdiction for the State; and

\(iii\) Will receive either regular supervision and monitoring or annual
training to assure continued qualification as a representative in the
claim process; and

\(3\) Is not employed in any civil or military department or agency of
the United States. (Authority: 38 U.S.C. 501(a), 5902)

\(b\) *Accreditation of Agents and Attorneys*.

\(1\) No individual may assist claimants in the preparation,
presentation, and prosecution of claims for VA benefits as an agent or
attorney unless he or she has first been accredited by VA for such
purpose.

\(i\) For agents, the initial accreditation process consists of
application to the General Counsel, self-certification of admission
information concerning practice before any other court, bar, or State or
Federal agency, an affirmative determination of character and fitness by
VA, and a written examination.

\(ii\) For attorneys, the initial accreditation process consists of
application to the General Counsel, self-certification of admission
information concerning practice before any other court, bar, or State or
Federal agency, and a determination of character and fitness. The
General Counsel will presume an attorney's character and fitness to
practice before VA based on State bar membership in good standing unless
the General Counsel receives credible information to the contrary.

\(iii\) As a further condition of initial accreditation, both agents and
attorneys are required to complete 3 hours of qualifying continuing
legal education (CLE) during the first 12-month period following the
date of initial accreditation by VA. To qualify under this subsection, a
CLE course must be approved for a minimum of 3 hours of CLE credit by
any State bar association and, at a minimum, must cover the following
topics: representation before VA, claims procedures, basic eligibility
for VA benefits, right to appeal, disability compensation (38 U.S.C.
Chapter 11), dependency and indemnity compensation (38 U.S.C. Chapter
13), and pension (38 U.S.C. Chapter 15). Upon completion of the initial
CLE requirement, agents and attorneys shall certify to the Office of the
General Counsel in writing that they have completed qualifying CLE. Such
certification shall include the title of the CLE, date and time of the
CLE, and identification of the CLE provider, and shall be submitted to
VA as part of the annual certification prescribed by §14.629(b)(4).

\(iv\) To maintain accreditation, agents and attorneys are required to
complete an additional 3 hours of qualifying CLE on veterans benefits
law and procedure not later than 3 years from the date of initial
accreditation and every 2 years thereafter. To qualify under this
subsection, a CLE course must be approved for a minimum of 3 hours of
CLE credit by any State bar association. Agents and attorneys shall
certify completion of the post-accreditation CLE requirement in the same
manner as described in §14.629(b)(1)(iii).

\(2\) An individual desiring accreditation as an agent or attorney must
establish that he or she is of good character and reputation, is
qualified to render valuable assistance to claimants, and is otherwise
competent to advise and assist claimants in the preparation,
presentation, and prosecution of their claim(s) before the Department.
An individual desiring accreditation as an agent or attorney must file a
completed application (VA Form 21a) with the Office of the General
Counsel (022D), 810 Vermont Avenue, NW., Washington, DC 20420, on which
the applicant submits the following:

\(i\) His or her full name and home and business addresses;

> \(ii\) Information concerning the applicant's military and civilian
> employment history (including character of military discharge, if
> applicable);
>
> \(iii\) Information concerning representation provided by the
> applicant before any department, agency, or bureau of the Federal
> government;
>
> \(iv\) Information concerning any criminal background of the
> applicant;
>
> \(v\) Information concerning whether the applicant has ever been
> determined mentally incompetent or hospitalized as a result of a
> mental disease or disability, or is currently under treatment for a
> mental disease or disability;
>
> \(vi\) Information concerning whether the applicant was previously
> accredited as a representative of a veterans service organization and,
> if so, whether that accreditation was terminated or suspended by or at
> the request of that organization;
>
> \(vii\) Information concerning the applicant's level of education and
> academic history;
>
> \(viii\) The names, addresses, and phone numbers of three character
> references; and
>
> \(ix\) Information relevant to whether the applicant for accreditation
> as an agent has any physical limitations that would interfere with the
> completion of a comprehensive written examination administered under
> the supervision of a VA Regional Counsel (agents only); and
>
> \(x\) Certification that the applicant has satisfied the
> qualifications and standards required for accreditation as prescribed
> by VA in this section, and that the applicant will abide by the
> standards of conduct prescribed by VA in §14.632 of this part.

\(3\) Evidence showing lack of good character and reputation includes,
but is not limited to, one or more of the following: Conviction of a
felony, conviction of a misdemeanor involving fraud, bribery, deceit,
theft, or misappropriation; suspension or disbarment from a court, bar,
or Federal or State agency on ethical grounds; or resignation from
admission to a court, bar, or Federal or State agency while under
investigation to avoid sanction.

\(4\) As a further condition of initial accreditation and annually
thereafter, each person seeking accreditation as an agent or attorney
shall submit to VA information about any court, bar, or Federal or State
agency to which the agent or attorney is admitted to practice or
otherwise authorized to appear. Applicants shall provide identification
numbers and membership information for each jurisdiction in which the
applicant is admitted and a certification that the agent or attorney is
in good standing in every jurisdiction in which admitted. After
accreditation, agents and attorneys must notify VA within 30 days of any
change in their status in any jurisdiction in which they are admitted to
appear.

\(5\) VA will not accredit an individual as an agent or attorney if the
individual has been suspended by any court, bar, or Federal or State
agency in which the individual was previously admitted and not
subsequently reinstated. However, if an individual remains suspended in
a jurisdiction on grounds solely derivative of suspension or disbarment
in another jurisdiction to which he or she has been subsequently
reinstated, the General Counsel may evaluate the facts and grant or
reinstate accreditation as appropriate.

\(6\) After an affirmative determination of character and fitness for
practice before the Department, applicants for accreditation as a claims
agent must achieve a score of 75 percent or more on a written
examination administered by VA as a prerequisite to accreditation. No
applicant shall be allowed to sit for the examination more than twice in
any 6-month period.

\(c\) *Representation by Attorneys, Law Firms, Law Students and
Paralegals*.

\(1\) After accreditation by the General Counsel, an attorney may
represent a claimant upon submission of a VA Form 21-22a, "Appointment
of Attorney or Agent as Claimant's Representative."

\(2\) If the claimant consents in writing, an attorney associated or
affiliated with the claimant's attorney of record or employed by the
same legal services office as the attorney of record may assist in the
representation of the claimant.

\(3\) A legal intern, law student, or paralegal may not be independently
accredited to represent claimants under this paragraph. A legal intern,
law student, or certified paralegal may assist in the preparation,
presentation, or prosecution of a claim, under the direct supervision of
an attorney of record designated under §14.631(a), if the claimant's
written consent is furnished to VA. Such consent must specifically state
that participation in all aspects of the claim by a legal intern, law
student, or paralegal furnishing written authorization from the attorney
of record is authorized. In addition, suitable authorization for access
to the claimant's records must be provided in order for such an
individual to participate. The supervising attorney must be present at
any hearing in which a legal intern, law student, or paralegal
participates. The written consent must include the name of the veteran,
or the name of the appellant if other than the veteran (e.g., a
veteran's survivor, a guardian, or a fiduciary appointed to receive VA
benefits on an individual's behalf); the applicable VA file number; the
name of the attorney-at-law; the consent of the appellant for the use of
the services of legal interns, law students, or paralegals and for such
individuals to have access to applicable VA records; and the names of
the legal interns, law students, or paralegals who will be assisting in
the case. The signed consent must be submitted to the agency of original
jurisdiction and maintained in the claimant's file. In the case of
appeals before the Board in Washington, DC, the signed consent must be
submitted to: Director, Management and Administration (01E), Board of
Veterans' Appeals, 810 Vermont Avenue, NW., Washington, DC 20420. In the
case of hearings before a Member or Members of the Board at VA field
facilities, the consent must be presented to the presiding Member of the
hearing.

\(4\) Unless revoked by the claimant, consent provided under paragraph
(c)(2) or paragraph (c)(3) of this section shall remain effective in the
event the claimant's original attorney is replaced as attorney of record
by another member of the same law firm or an attorney employed by the
same legal services office.

**Note to §14.629**: A legal intern, law student, paralegal, or veterans
service organization support-staff person, working under the supervision
of an individual designated under §14.631(a) as the claimant's
representative, attorney, or agent, may qualify for read-only access to
pertinent Veterans Benefits Administration automated claims records as
described in §§1.600 through 1.603 in part 1 of this chapter.

(The Office of Management and Budget has approved the information
collection requirements in this section under control numbers 2900-0018
and 2900-0605.)

\[53 FR 52421, Dec. 28, 1988, as amended at 55 FR 38057, Sept. 17, 1990;
61 FR 7216, Feb. 27, 1996; 68 FR 8545, Feb. 24, 2003; 71 FR 28586, May
17, 2006; 72 FR 58012, Oct. 12, 2007; 73 FR 29871, May 22, 2008\]

**Supplement *Highlights* references**: 81(1), 83(3).