Section B. Handling Power of Attorney (POA) Appointments Overview In this Section This section contains the following topics: Topic Topic Name See Page 9 Handling Representative Appointment Forms 3-B-2 10 Handling Appointment Forms/Letters for Special Cases 3-B-9 11 Updating the Benefits Delivery Network (BDN)/Share 3-B-13 12 Veterans Service Organization (VSO) Review of New Rating Decisions 3-B-19 13 Exhibit 1: POA Codes 3-B-21 9. Handling Representative Appointment Forms Introduction This topic contains information on handling representative appointment forms including when to process appointment forms endorsing an appointment form as limited reviewing a submitted VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative policies pertaining to VA Form 21-22 handling an outdated VA Form 21-22 handling an incomplete VA Form 21-22 processing copies of VA Form 21-22 processing VA Form 21-22a, Appointment of Individual as Claimant's Representative, and appointment letters filing or sending additional copies of appointment forms or letters, and unclear declaration Change Date March 26, 2013 a. When to Process Appointment Forms Process representative appointment forms as soon as they are received from the claimant. Continued on next page
9. Handling Representative Appointment Forms, Continued b. Endorsing an Appointment Form as Limited If a claimant other than the Veteran appoints a representative, clearly endorse the appointment form as Limited to avoid erroneous referral of the Veteran’s claims folder to the claimant’s representative. c. Reviewing a Submitted VA Form 21-22 When reviewing a VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative: check that the version of the form is current check that the form is complete process each copy of the properly completed and current form, and update electronic systems to reflect the appointment References: For more information on policies pertaining to VA Form 21-22, see handling an outdated VA Form 21-22, see handling an incomplete VA Form 21-22, see processing each copy of the VA Form 21-22, see, and updating the Benefits Delivery Network (BDN)/Share, see Continued on next page 9. Handling Representative Appointment Forms, Continued d. Policies pertaining to VA Form 21-22 The following policies, specific to the VA Form 21-22, apply: Do not update any VA electronic system to show appointment of a veterans service organization (VSO) unless/until you receive a complete and current VA Form 21-22. Accept only the current version of VA Form 21-22. Prior versions of the form are considered outdated and are not acceptable for new or changed appointments. Accept only a complete VA Form 21-22. For the form to be considered complete, each applicable item of information requested by the VA Form 21-22 must be provided and both the representative and the claimant must sign and date the form. Where an item on the form states that information – such as an email address for the claimant – is optional, absence of that information does not render the form incomplete. Where an item on the form requests information only conditionally, the
h. Processing VA Form and Appointment Letters Use the table below to process VA Form 21- 22a, Appointment of Individual as Claimant's Representative, in order to acknowledge the appointment of an agent, attorney, or a non-licensed individual. Notes: An accredited agent or attorney may only establish representation by using a VA Form 21-22a. Non-licensed individuals may establish representation by using the VA Form 21-22a or appointment letter. Copy of Form/Letter Action to Process Original Annotate with the current date, and Acknowledged, and reverse file on the right flap of the claims folder. Photocopy 1 Send to the agent or non-licensed individual representative to acknowledge VA’s receipt of VA Form 21- 22a or appointment letter. Additional Photocopies File in any relevant folders or send to any relevant third parties to note the existence of the agent or non-licensed individual as a representative. Reference: For more information on the relevant folders and third parties that should receive a copy of VA Form see . Continued on next page 9. Handling Representative Appointment Forms, Continued i. Filing or Sending Additional Copies of Appointment Forms or Letters Use the table below to determine circumstances that require additional filing or sending of copy 3 of VA Form 21-22, or additional photocopies of VA Form 21-22a or the appointment letter. If … Then … there is a Counseling, Evaluation and Rehabilitation (CER) folder Exception: CER folders retired to a Federal Records Center (FRC). file copy 3 or an additional photocopy in the CER folder.
Stage Who is Responsible Description 1 Office that receives VA Form 21-22 Spells out the VSO name (Example: Spell out ALA-DVA as ALA State Department of Veterans Affairs) on VA Form 21-22, and uses Optional Form (OF) 41, Routing and Transmittal Slip, to forward the VA Form 21-22 to the office having jurisdiction over the claims folder. Note: For State or local VSOs, use authorized State abbreviations. 2 Office of jurisdiction Updates the BDN/Share, and files VA Form 21-22 in the claims folder. Reference: For more information on updating the BDN/Share, see . Continued on next page 10. Handling Appointment Forms/Letters for Special Cases, Continued b. Handling VA Form 21-22a or Appointment Letter When Claims Folder Is Permanently Transferred If VA Form 21-22a or an appointment letter is received after the claims folder has been permanently transferred, the office that receives VA Form 21-22a or the appointment letter forwards the form or letter to the office of jurisdiction, and uses a locally generated letter to advise the agent, non-licensed individual, or attorney of this referral. c. Handling Appointment Forms/Letters When Claims Folder Is Temporarily Transferred The table below describes the process for handling VA Form 21-22, VA Form 21-22a, or an appointment letter when the claims folder is temporarily transferred to another RO. Stage Who is Responsible Description
Sensitive Information If ... Then ... a claimant authorizes a representative’s access with no limitations to records protected by Section 7332 claims personnel establishing a claim in Share must select the name of the representative and select “Y” in the “Auth’d POA Access” box. a claimant indicates any limitation to or does not authorize a representative’s access to records protected by Section 7332 claims personnel establishing a claim in Share must select the name of the representative and select “N” in the “Auth’d POA Access” box. Important: When there is a pending claim and claims personnel must change an existing representative to another via BIRLS, they must remember to execute a PCHG to update Share to reflect whether or not the claimant authorized disclosure of records. Note: Details regarding POA access are viewable on the “All Relationships” tab of Corporate Inquiry and also on the General Information screen under Awards/Ratings. 12. Veterans Service Organization (VSO) Review of New Rating Decisions Introduction This topic contains information about VSO review of new rating decisions, including the purpose of VSO review of new rating decisions establishing time limits for VSO review VSO review at brokered-work sites, and the process for VSO rating decision review. Change Date June 19, 2006
a. Purpose of VSO Review of New Rating Decisions The purpose of a VSO review of new rating decisions is to provide VSOs an opportunity to review the decision and discuss the case with VA personnel prior to promulgation. This review may result in the correction of errors in rating decisions, discussion of differing points of view, and more favorable decisions for VA claimants. Note: Local policy determines whether to make deferred ratings and examination requests available for VSO review. b. Establishing Time Limits for VSO Review ROs will provide VSOs a minimum of two business (see Important below) days to review a rating decision before promulgation. The two business days will begin on the date the claims folder is placed on the VSO review table. Cases not reviewed after two business days will be released to the authorization activity for promulgation. Important: Station management and VSOs may negotiate a longer review time period, but it will not be less than two business days. Consideration of special circumstances will be allowed when negotiating an extended review period. The VSO must comply with these controls to ensure that the review does not cause unnecessary delays in processing the rating decision. Note: This policy applies to rating decisions completed in the RO of jurisdiction and at brokered-work sites. Continued on next page 12. Veterans Service Organization (VSO) Review of New Rating Decisions, Continued c. VSO Review at Sites If no authorized VSO is available at the brokered-work site promulgate the completed rating decision without VSO review, and return the case to the RO of jurisdiction. Note: Resource Centers may return completed rating decisions to the RO of jurisdiction without promulgating the decision. d. Process for VSO Rating Decision Review The table below describes the process for VSO representatives to review new rating decisions. Stage Description
00J Kileen, Nancy – Kileen and Associates 00K Ponton, Carol – Hill and Ponton Professional Associates 00M Lee, Lisa Ann 00N Jones, Betty L.G. 00P Cook, Barbara J. 00Q Law Offices of Theodore Jarvi 00R Chisholm, Chisholm & Kilpatrick, LLD