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In This Section

  
This section contains the following topics:
 
Topic
Topic Name
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7
 

1.  VA Representation

Introduction

  
This topic contains information on the distinction between VA representation and POA under State law, including

Change Date

   February 19, 2019

I.i.2.A.1.a..Claimant’s Right to Representation

  
The Department of Veterans Affairs’ (VA’s) policy is that all claimants have the right to representation before the department in claims affecting the payment of benefits or relief.
 
Claimants before VA are provided representation by Veterans service organizations (VSOs), attorneys, agents, and other accredited individuals to ensure that such claimants have responsible, qualified representation to assist in the preparation, presentation, and prosecution of claims for Veterans’ benefits.
 
Claimants may appoint a single representative for all claims, or they may choose to appoint a different representative on a limited basis for a particular claim.
 
References:  For more information on

I.i.2.A.1.b.Definition: VA Representation

  
VA representation means broadly that an individual has completed legal formalities to authorize a VSO, attorney, agent, or individual to perform functions on their behalf in business before VA.
 
Note:  For the purpose of this section, the term “power of attorney” (POA) refers to VA representation, unless otherwise specified.
 
Reference:  For information on the distinction between VA representatives and individuals with POA authority under State law, see M21-1, Part I, Subpart i, 2.A.1.c.

I.i.2.A.1.c. .POA Under State Law Does Not Create VA Representation

  
The execution by a claimant of a POA under State law has no effect for the purposes of prosecuting a VA claim.  The individual with POA under State law is not authorized, based on the State appointment, to engage in VA representation.
 
To be recognized by VA, a claimant’s representative must be duly appointed under VA policies and procedures.
 
Reference:  For more information on appointing an accredited representative of a VSO, agent, non-licensed individual, or attorney representative, see M21-1, Part I, Subpart i, 2.A.2.

2.  Appointing a Representative

Introduction

  
This topic contains information on appointing a representative, including

Change Date

   February 19, 2019

I.i.2.A.2.a.  Requirements to Represent Claimants

  
The table below describes the requirements for POA representatives to represent claimants.
 
Type of Representation
Requirements
Accredited representative of a VSO, agent, or attorney
Must obtain recognition from VA’s Office of General Counsel (OGC) in order to represent claimants.  Refer any person or group wanting to represent claimants to OGC for accreditation.
 
References:  For more information on
  • requirements for accredited representatives of VSOs, agents, and attorneys to obtain recognition, see 38 CFR 14.629, and
  • a list of accredited representatives of VSOs, agents, and attorneys maintained by OGC, see OGC’s accreditation search page.
Non-licensed individual
May represent a claimant on a one-time, one claim basis per the provisions of 38 CFR 14.630. The individual may only represent one VA claimant unless a request is submitted to the VA’s OGC.
 
Notes:
  • For the purpose of this guidance a claim refers to one or more issue(s) submitted for adjudication as provided in 38 CFR 3.155, and covered under one end product.
  • The representative retains representation until all issues within the scope of the claim have been finally adjudicated as provided in 38 CFR 3.160(d).
 
Note:  If a person purporting to be a representative does not fit into one of the categories above, write to the individual (and provide a copy of the correspondence to the claimant) explaining that
  • they do not appear to fit into one of the categories of permitted representatives per 38 CFR 14.629 and 38 CFR 14.630, and
  • VA will not recognize the representation unless they show VA that they do fit into one of the categories of permitted representatives.

I.i.2.A.2.b.  Definition:  Declaration of Representation

  
A declaration of representation is the form a claimant uses to designate a person or organization as their representative for VA purposes.
 

I.i.2.A.2.c.  Declaration of Representation Requirements

  
The table below lists the declaration of representation required for different types of representatives.
 
A/An …
May represent a claimant if VA receives a …
accredited representative of a VSO
properly completed and executed VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, that shows the service organization as representative.
accredited agent
non-licensed individual
declaration of representation that complies with the provisions outlined in 38 CFR 14.630 to include a properly completed and executed VA Form 21-22a.
 
Note:  The representation is for a one-time, one-claim basis only.
 
Reference:  For more information on appointing an individual for one-time, one-claim representation, see M21-1, Part I, Subpart i, 2.A.2.a.
accredited attorney
properly completed and executed VA Form 21-22a.
 
Note:  If the claimant’s attorney is not listed on OGC’s accreditation search page,
the regional office’s (RO’s) Agent and Attorney Fee Coordinator will advise the
  • attorney that VA will not recognize them until accredited, and
  • claimant that they may
    • seek other representation, or
    • proceed without representation until the attorney is accredited.
References:  For more information on

I.i.2.A.2.d.  Unlimited Versus Limited Representation

  
Unlimited representation means that the representative represents the claimant for all VA claims.
 
Limited representation means that the representation is for a specific claim or claims.  It is possible to have multiple representatives providing limited representation.
 
Assume that representation is unlimited unless VA Form 21-22, VA Form 21-22a, or the declaration of representation shows otherwise.
 
A declaration of representation by a non-accredited individual per the provisions of 38 CFR 14.630 is limited to one claim by its very nature.
 
Reference:  For more information on limited representation see,

3.  Representation of Incompetent Claimants

Introduction

  
This topic contains information on representation of incompetent claimants, including

Change Date

   August 17, 2004

I.i.2.A.3.a.  Fiduciary Appointment for an Incompetent Veteran

  
If the claimant is unable to handle their own VA benefit payments, VA appoints a fiduciary to handle the payment of VA funds.

I.i.2.A.3.b.  Representation for Claimants in the Process of Being Declared Incompetent

  
Until a fiduciary is appointed for a claimant in the process of being declared incompetent, accept the appointment of a representative from any of the following people in the following order
  • claimant
  • spouse
  • mother or father, or
  • next of kin.
Once VA appoints a fiduciary, the fiduciary may appoint a new POA representative.  The prior representative is not automatically revoked.

I.i.2.A.3.c.  Appointing a Representative to Establish Competency

  
An incompetent claimant may appoint a representative for the purpose of attempting to establish competency.

 4.  Extent of Authority and Duties of Representatives

Introduction

  
This topic contains information on the extent of a representative’s authority, including

Change Date

  
November 13, 2024

I.i.2.A.4.a.  General Scope of a Representative’s Authority

  
A representative is appointed, in the wording of the VA Form 21-22 and VA Form 21-22a, to “prepare, present, and prosecute” a claim. To discharge those duties, an appointed representative explicitly or implicitly has the authority to
  • review the claimant’s records, subject to limitations specified in the VA Form 21-22 or VA Form 21-22a, and/or by law
  • submit information, evidence, and argument on behalf of the claimant, to include eliciting witness testimony at a hearing
  • authorize administrative changes on behalf of the claimant related to a claim such as changing a claimant’s address in VA records, establishing a direct deposit account, or changing a direct deposit account, subject to existing VA procedures
  • coordinate with VA on development matters such as the scheduling of a hearing or an examination
  • prepare and submit forms and other procedural documents on behalf of the claimant, and
  • withdraw a claim at any stage of adjudication.
Important:  This list is illustrative and not exclusive, and a duly appointed representative also has the rights or authority to perform any other functions specified elsewhere in the M21-1.
 
References:  For more information on

I.i.2.A.4.b.  Representative’s Authority to Submit Claims and Other Claim-Related Documents

  
A properly appointed representative has the authority to prepare and submit certain types of claims and other claim-related documents on behalf of the represented individual without that individual’s signature.  Those include, but are not limited to, a(n)
  • request for an application for benefits
  • intent to file (ITF) a claim
  • supplemental claim
  • request for revision of a decision based on clear and unmistakable error
  • request for higher-level review
  • legacy notice of disagreement (NOD), or
  • legacy substantive appeal.
A POA may prepare and submit, but may not sign, documents that require the claimant’s signature.  Those include:
Exception:  Prior to March 24, 2015, a POA representative could sign and submit an informal claim because under the prior regulation, 38 CFR 3.155, an informal claim could be accepted without the claimant’s signature.  Informal claims, which were often filed on VA Form 21-4138, Statement in Support of Claim, included, but were not limited to, claims for increase or to reopen.
 
References:  For more information on

I.i.2.A.4.c.  Authorization of Associate Attorneys and Attorney Support Staff

  
A claimant must consent in writing to allow associate attorneys, legal interns, law students, and paralegals employed by the same legal services office as their appointed representative to participate in the representation.
 
The written 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.  The consent must include the
  • name of the Veteran or claimant (if other than the Veteran)
  • applicable VA file number
  • name of the attorney
  • consent of the Veteran or claimant for
    • use of the services of legal interns, law students, or paralegals, and
    • such individuals to have access to applicable VA records, and
  • names of the legal interns, law students, or paralegals who will be assisting in the case.
The signed consent must be submitted to VA and maintained in the claimant’s file.
 
Reference:  For more information on the participation of personnel affiliated with an attorney representative, see 38 CFR 14.629(c).

I.i.2.A.4.d.  Duties That Authorized Law Students, Legal Interns, and Paralegals Can Perform

  
Once written consent is provided by the claimant, as discussed in M21-1, Part I, Subpart i, 2.A.4.c, legal interns, law students, and/or paralegals may participate in any duties involved in the preparation, presentation, and/or prosecution of a VA claim as long as they are under the direct supervision of a designated attorney of record.
 
The supervising attorney must be present at any hearing in which a legal intern, law student, or paralegal participates.
 
Reference:  For more information on the role of assistants to attorney representatives, see 38 CFR 14.629(c)(3).

I.i.2.A.4.e.  IT Access and Other Disclosures

  
The July 2023 or later version of VA Form 21-22a contains additional fields to authorize disclosure to affiliated personnel.
 
Completion of Block 19A with a name of the firm/organization is an affirmation by the claimant acknowledging they consent to giving support staff, associate attorneys, and claims agents affiliated with their representative access to their information within VA’s information technology (IT) systems.
 
Completion of Block 19B authorizes VA to disclose information outside VA IT systems, such as e-mails and/or phone calls, to the individuals listed by the claimant.
 
Note:  The VA Form 21-22a is incomplete if
  • box 19A or 19B is checked but no firm, organization, and/or individual is listed, or
  • the name of the firm, organization, and/or individual is listed, but the 19A or 19B check box is blank.
Claims processors will need to follow incomplete form procedures as directed in M21-1, Part I, Subpart i, 2.C.1.h.

I.i.2.A.4.f.  Representative’s Access to FTI

  
Special procedures govern a representative’s access to Federal tax information (FTI) in the possession of VA, received from Internal Revenue Service and Social Security Administration.  Refer to these special procedures governing the FTI match for information about a representative’s right of access to these materials.
 
Reference:  For more information on disclosure of FTI to a POA, see M21-1, Part XIV, 4.B.3.c.

I.i.2.A.4.g.  Questions or Disputes About Representatives

  
Refer any legal questions or disputes about the extent of a person’s authority to serve as a representative to the District Counsel.
 
Reference:  For more information on referring questions and disputes to the District Counsel, see

5.  Requests for Exclusive Contact

Introduction

  
This topic contains information on requests for exclusive contact, including

Change Date

   June 19, 2015

I.i.2.A.5.a.  Definition:  Exclusive Contact

  
The term exclusive contact refers to sending communications with the claimant directly to a representative and generally not communicating directly with the claimant.
 
Important:  VA does not honor requests for exclusive contact to restrict the communication between VA and the claimant.

I.i.2.A.5.b.  Handling Requests for Exclusive Contact

  
In any case where an attorney requests exclusive contact in writing, send the attorney a letter incorporating the following notice:
 
We are unable to comply with your request that we correspond exclusively with you and not with the VA claimant you represent.
 
While VA has attempted in the past to accommodate exclusive contact requests, the agency has found that our attempts to comply with these requests adversely impacted the timely completion of essential ministerial functions, such as responding to phone inquiries from claimants and the issuance of standard benefit information letters.  Rather, as required by regulatory and statutory provisions, we have determined that corresponding directly with the VA claimant with a copy of each and every communication to the representative is the best means for keeping all interested persons up-to-date about VA’s actions regarding a particular claimant.  This course of action is consistent with the non-adversarial nature of the VA benefits adjudication system and with VA statutes and regulations.
 
To this end, section 5104(a) of title 38, United States Code, and its implementing regulation, 38 C.F.R. § 3.103, provide that VA must send notice of any decision to the claimant with a copy to the claimant’s representative.  VA statutes and regulations do not require a process whereby VA maintains “exclusive contact” with a representative in lieu of the VA claimant.  At the same time, despite any request for exclusive contact with a representative, VA has always sent automatically generated correspondence to VA claimants and has responded to claimants who seek information directly from VA.  As a result of our careful review of relevant VA statutes, regulations and procedures, we have determined that prohibiting claimants from receiving information, any information, about their claims, or limiting it in some fashion, is not a process that is beneficial to Veterans, their dependents or survivors.  We can assure you, however, that as long as you represent a VA claimant, you will be sent copies of any and all notices, decisions or other written communications at the same time as the claimant is sent such notice, decision or communication.
 
Note:  In the case of a verbal request for exclusive contact or inquiry about exclusive contact, use the above notice to structure a response.  Remember to document any contacts on a VA Form 27-0820, Report of General Information.

6.  Revoking and Terminating Representation

Introduction

  
This topic contains information on revoking and terminating representation, including

Change Date

   May 20, 2020

I.i.2.A.6.a.  How Representation Ends

  
Once duly established by appointment, a representation relationship can end in a variety of ways.
  • The represented party may
    • choose to expressly revoke a representative’s appointment, or
    • implicitly revoke a representative’s appointment in whole or in part by appointing another representative.
  • The representative may choose to withdraw from representation.
  • Representation can end without specific action by the representative or represented individual such where there is
    • death of the represented individual or
    • completion of a limited representation.
References:  For more information on

I.i.2.A.6.b.  Express Revocation of Representation by the Represented Individual

  
A represented individual (generally, a claimant or beneficiary, guardian, or fiduciary) may end the relationship with their appointed representative at any time by expressly (explicitly, clearly) telling VA.  This is known as express revocation of the representative’s appointment.
 
Examples:
  • “I don’t want American Legion to be my representative anymore.”
  • “Please remove Disabled American Veterans as my representative immediately.”
Important:  The act of a represented individual submitting paperwork to appoint a new representative is not express revocation.  However, this may be sufficient to implicitly revoke an appointment.
 
When a claimant expressly revokes representation, take the actions specified in M21-1, Part I, Subpart i, 2.C.1.f.
 
References:  For more information on

I.i.2.A.6.c.  Implicit Revocation of Representation by Appointment of a New Representative

  
An individual’s existing representation is considered ended, and the representative’s appointment implicitly revoked, without need for a clear or explicit statement when
  • VA receives a completed appointment of a new representative, signed by both the individual and the representative, and
  • the scope of the new representation is inconsistent with the continued representation by the current representative.
Explanation:  The new, fully-signed appointment document is sufficient to appoint the new representative, and – because both representatives cannot provide the same representation – it can be inferred that the represented individual wants to revoke their existing representative’s appointment to the extent inconsistent with the new appointment, even when they don’t explicitly or clearly say so.
 
When a new appointment is unlimited, that is always inconsistent with continuation of unlimited or limited representation under the existing appointment.  The existing appointment is implicitly revoked as long as the new appointment is completed and signed by the parties.
 
However, a new limited appointment may or may not be inconsistent with continuation of existing representation and will not always cause implicit revocation of the current appointment.  As noted in M21-1, Part I, Subpart i, 2.A.2.d, it is possible to have multiple representatives providing limited representation.
  • When representation under the existing appointment is unlimited, a new limited appointment is inconsistent only with respect to the claims or issues named in that appointment.  The existing appointment is not fully revoked; it remains in effect for the issues not named in the new appointment.
  • When representation under the existing representation is limited, a new limited appointment is inconsistent with continued representation by the existing representative on overlapping claims or issues but not on continuing claims or issues not included in the new appointment.
Where implicit revocation occurs, and representation is updated, take the actions specified in M21-1, Part I, Subpart i, 2.C.1.f.
 
If a new appointment sufficient to implicitly revoke an existing appointment raises questions about the individual’s intent, request clarification from the claimant and add any clarification received to the claims folder.  For example, if there is limited, fee-based representation by an attorney under a VA Form 21-22a for review of an initial decision, and an unlimited VA Form 21-22 is received in favor of a VSO, seek clarification from the claimant before updating the representation and revoking the attorney representation.  The new filing raises a question of whether the claimant actually intends to revoke attorney/agent representation and to have the VSO handle the claims on review instead.
 
Important:  If a newly received appointment in favor of a new representative is not signed by both the representative and the individual, the document is not sufficient to create a new representation relationship and does not constitute an implicit revocation of the existing appointment.  Although the new, incompletely-signed appointment suggests that the individual’s intent is to replace his/her current representative, that alone is not enough to constitute an express revocation – even if the appointment on its face was unlimited.  In such instances, follow the guidance in M21-1, Part I, Subpart i, 2.C.1.h, on handling an incomplete appointment document.
 
References:  For more information on

I.i.2.A.6.d.  Withdrawal of Representatives From Representation

  
A representative may withdraw from representation by notifying the claimant and VA in writing, if doing so would not adversely impact the claimant’s interests.
 
A representative may also withdraw for good cause, including in the case where the representative reasonably believes representation is furthering a claimant’s persistent fraudulent or criminal course of action, or if the claimant fails to uphold an obligation to the representative regarding the representation.
 
Note:   In a legacy appeal to which the law prior to February 19, 2019, applies, a representative may withdraw prior to certification as long as they have complied with 38 CFR 14.631.
 
When a representative withdraws from representation, VA must provide notice and update VA systems.
 
References:  For more information on

I.i.2.A.6.e.  Representation Terminated by Death

  
Representation ends when a represented person dies.
 
References:  For more information on

I.i.2.A.6.f.  Expiration of Limited Representation

  
Limited representation (including one-time, one-claim representation under 38 CFR 14.630) may end on its own terms without specific action from the representative or represented individual when a triggering condition occurs – typically when the claim for which the representation was provided is finally adjudicated.
 
This is completion or expiration of the representation agreed upon.  It is not the same as affirmative revocation or termination of representation or a withdrawal from representation.

 7.  Representation of Survivors After the Claimant’s Death

Change Date

   February 19, 2019

I.i.2.A.7.a.  Automatically Revoked POA Does Not Allow Survivor Representation

  
Representation based on a POA signed by the claimant during their lifetime ends with the death of the claimant and does not extend to any survivors.  In order for the same representative to represent a survivor, the survivor must execute a separate POA.
 
References:  For more information on