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Updated Jan 08, 2024

In This Section
This section contains the following topics:
Topic
Topic Name
1
2

1.VA’s Duty to Notify Representatives

Introduction
This topic contains information on VA’s duty to notify representatives, including

Change Date
August 4, 2023

I.i.2.B.1.a..Notices That Must Be Provided to the Representative
Representatives of claimants or beneficiaries before the Department of Veterans Affairs (VA) are entitled to notice of any VA decisions related to matters within the scope of the representation (decision notices, and legacy statements of the case (SOCs) or legacy supplemental statements of the case (SSOCs)).
Representatives are also entitled to other correspondence sent to claimants. These include (but are not limited to)
  • notices of certification and transfer of legacy appeals to the Board of Veterans’ Appeals
  • intent to file notices
  • incomplete application notices, and
  • requests for information and evidence needed to substantiate a claim (e.g. development letters).
Important:
  • Disclosure of Federal tax information (FTI) to a representative requires special considerations as noted in M21-1, Part XIV, 4.B.3.c.
  • If the Veteran has multiple representatives, it is the claim processor’s responsibility to ensure that the correct representative is included on the appropriate correspondence.
  • The right to receive copies of decision notices does not include a right to review copies of rating decisions prior to promulgation and issuance of a decision notice.
References: For more information on

.VA’s Policy of Partnership With Representatives

 VA policy is to work with representatives of claimants and beneficiaries in an equal partnership to effectively serve Veterans and their dependents and survivors. The policy requires VA employees to assist representatives.

I.i.2.B.1.c..Providing Notice of Correspondence to VSOs
With limited exceptions, outbound correspondence addressed to claimants and representatives is added to the Veterans Benefits Management System (VBMS) Package Manager and then transmitted for centralized printing and distributions through the Centralized Benefits Communications Management (CBCM) program.
Veterans service organization (VSO) copies of correspondence from centralized printing are sent to the regional office (RO) of jurisdiction for distribution. Per M21-1, Part II, Subpart i, 2.C.2.c, RO mailrooms should not forward this correspondence to the scanning vendors since copies of the correspondence already exist in the electronic claims folders (eFolders).
Provide correspondence to the claimant’s VSO through the VBMS Package Manager, regardless of organization, access to VBMS, and/or electronic notification status.
Important:
  • When distributing a decision notice based on a rating decision to a VSO, ensure that a copy of the rating decision Narrative and Codesheet is also provided.
  • This block does not apply to notice to private attorneys and claims agents. For guidance on providing notice to attorneys and claims agents, see M21-1, Part I, Subpart i, 2.B.1.d.
  • The Electronic Notification distribution status in VBMS Package Manager indicates that the VSO has opted into electronic notification in VBMS. Accordingly, they are provided notification in real-time and paper copies are no longer warranted.
References: For more information on

I.i.2.B.1.d.. Providing Notice of Correspondence to Private Attorneys or Claims Agents
Accredited private attorneys or claims agents must receive a paper copy of any correspondence regarding the claim they represent.
Attorney or agent copies of correspondence that is centrally printed through the CBCM program will be mailed from the printing facility directly to the representative.
Important:
  • When preparing correspondence, always check the default address against the Office of General Counsel (OGC) accreditation list to ensure the address is current.
  • If the Veteran has multiple representatives, it is the claim processor’s responsibility to ensure that the correct representative is included on the appropriate correspondence.
  • When providing a paper copy of a decision notice based on a rating decision, and that decision notice is based on a rating decision, attach a copy of the rating decision Narrative and Codesheet.
References: For more information on

I.i.2.B.1.e. Requirement to List the Private Attorney or Claims Agent Address in the CC Line
When generating correspondence, if the representative is a private attorney or claims agent, include the representative’s mailing address in the carbon copy (cc) line of the correspondence.
References: For more information on

I.i.2.B.1.f.Adding an Attorney or Agent Name and Address to Letters Created Outside VBMS
To add an attorney or agent’s name and address to letters created outside VBMS:
  • if one exists, delete the generic designation (PRIVATE ATTORNEY WITH EXCLUSIVE CONTACT or AGENT OR PVT ATTY-EXCLUSIVE CONTACT NOT) within the Microsoft Word document from the cc line
  • replace the deleted text with the private attorney/agent’s name and address
  • finalize the letter, and
  • upload the letter to the eFolder.
Note: If the Veteran has a VSO representative, the letter will populate with the VSO organization automatically.
Reference: For more information on converting documents to portable document format and uploading into the eFolder, see M21-1, Part II, Subpart ii, 2.A.1.b.

I.i.2.B.1.g. Adding a Representative’s Name and Address to Letters in VBMS Core
Follow the instructions in the table below to list the representative name and address to letters in VBMS Core.
If …
Then …
a private attorney or agent is already selected
check the default address against the OGC accreditation list to ensure the address is current.
Example:
Image of the default representative address.
  • a private attorney or agent is not already selected, or
  • the user needs to change the representation for the specific correspondence
refer to the steps in the table below.
Step
Action
1
Navigate to the POWER OF ATTORNEY box within the letter template.
Example:
Image of the POWER OF ATTORNEY box.
2
Delete the existing representative listed if applicable.
Example:
Image of the POWER OF ATTORNEY box with option to delete existing POA.
3
Add the new representation information using the ADD button.
Example:
Image of the POWER OF ATTORNEY box with the option to add a POA.
4
Begin typing the name of the representative in the SEARCH POA’S field. A list will appear. Choose the correct representative if listed. The address will automatically populate.
Example:
Image of the SEARCH POA field.
Note: If the name is not listed, manually enter the information required. Ensure the address is current by checking against the OGC accreditation list.
5
Save the information using the SAVE POA button.
Example:
Image of the ADD NEW POA box with the Save POA option.
6
Prior to finalizing the letter, preview it to ensure that the information populated correctly.
Example:
Image of the cc line of a letter.
Important: Changing a representative this way only changes it for the purpose of the specific correspondence. It will not change the appointed representative as listed in the corporate data base.
Reference: For more information on updating electronic systems for power of attorney, see M21-1, Part I, Subpart i, 2.C.2.

I.i.2.B.1.h. Adding a Representative’s Name and Address to Letters Generated in VBMS Awards/ADL
To add the representative name and address to a letter generated in VBMS Awards/Automated Decision Letter (ADL) follow the steps in the table below.
Step
Action
1
Select the POWER OF ATTORNEY tab from the AWARD LETTER INTERVIEW screen.
Example:
Image of POWER OF ATTORNEY tab on AWARD LETTER INTERVIEW screen.
2
Select EDIT if the information needs to be changed or the address updated based on address confirmation of the OGC accreditation list.
3
Enter the information into the text fields.
4
If the private attorney/agent has a unique code associated with the Veteran’s record, type the address of the private attorney/agent in the field as shown in this fictional example. The name of the attorney or agent will be automatically inserted.
Example:
Image of the POWER OF ATTORNEY INFORMATION box.
If the private attorney/agent does not have a unique code and the generic 099 or 066 code is being used, add the attorney or agent name in addition to the address in the field.
5
Select ACCEPT.
6
Preview the letter to ensure the cc line contains the private attorney/agent name.
Example:
Image of cc area of a letter.
7
Finalize the letter.
Important: Changing a representative this way only changes it for the purpose of the specific correspondence. It will not change the appointed representative as listed in the corporate data base.

I.i.2.B.1.i. Adding a Representative’s Name and Address in the SOC/SSOC Program
The SOC/SSOC program for legacy appeals will prompt the user to complete cover letter fields including a cc line.
Add the representative’s name and address to the cc line when a private attorney or claims agent is representing the appellant.
Reference: For more information on documenting legacy appeal decisions, see M21-5, Chapter 7, Section D.

2.Representatives’Authority to Review a Claims Folder

Introduction

 This topic contains information on representatives’ authority to review a claims folder, including

Change Date

 August 15, 2022

I.i.2.B.2.a. Authority to Review a Claims Folder
A representative has the authority to review the claimant’s records to prepare, present, and prosecute a claim – subject to any limitation imposed by the representative’s appointment and/or by applicable laws or regulations.
There are several situations where the appointment may limit the representative’s authority to review the claims folder, such as
  • if the appointment document is not signed, or
  • the claimant does not authorize VA to disclose information on conditions protected by 38 U.S.C. 7332.
If the representative is appointed for only one claim, the representative is permitted to review the information in the claims folder.
Other applicable laws or regulations, such as those limiting disclosure of FTI, may also impact what a representative is entitled to review.
Important: The right of representatives to review the claimant’s records in the claims folder does not include a right to review rating decisions prior to issuance of a decision notice by VA.
Notes:
  • A declaration of representation written on an attorney’s letterhead is not sufficient to release information. A VA Form 21-22a, Appointment of Individual as Claimant’s Representative, signed by the claimant is required. For more information, see 5 U.S.C. 552a(b), 38 U.S.C. 5701, and 38 U.S.C. 7332.
  • Without a VA Form 21-22a signed by the claimant, an attorney does not have the authority to review the claims folder or receive any correspondence from VA including development letters, decision letters, or copies thereof.
  • If a VA Form 21-22a is not signed by the claimant and the claimant has a paper (as opposed to an electronic) claims folder, back-file the form to show a signature is not of record and update the appropriate electronic claims system by noting there is no authority to disclose information to the attorney.
  • If a VA Form 21-22a is not signed by the claimant and the claimant has an electronic (as opposed to a paper) claims folder, annotate the form to show a signature is not of record and update the permanent notes in the appropriate processing system to reflect there is no authority to disclose information to the attorney.
Exception: An RO may release a claimant’s claims folder to the individual’s attorney without a signed VA Form 21-22a being of record when the RO receives a
  • request from the OGC Professional Group VII regarding representation of claimants before the U.S. Court of Appeals for Veterans Claims, and
  • signed statement from the claimant authorizing VA to provide a copy of the claims folder to the attorney.
References: For more information on

I.i.2.B.2.b. Authority for Contractors to Review a Claims Folder
Allow contractors (individual or entity) hired by the representative to review information in the claims folder only if the claimant gives specific written consent to release records to the representative’s contractors.
Example: If Disabled American Veterans (DAV) represents a claimant, do not allow a private physician hired by DAV to review the claims folder unless the claims folder contains specific written consent from the claimant on VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, or in a separate signed statement, to release information to contractors of DAV. If the claims folder does not contain the claimant’s written consent, limit review of the claims folder to DAV and its employees.

I.i.2.B.2.c. Assistance in Reviewing the Claims Folder
Obtain specific written consent from the claimant before allowing a law student, legal intern, or paralegal to access the claimant’s claims folder.
Reference: For more information on law students, legal interns, or paralegals accessing a claimant’s claims folder, see 38 CFR 14.629(c)(3).

I.i.2.B.2.d. Specific Authorization Required to Disclose Records Protected by 38 U.S.C. 7332
The claimant must specifically authorize consent VA to disclose records to the claimant’s representative that relate to conditions protected under the provisions of 38 U.S.C. 7332, namely
  • drug abuse
  • alcoholism or alcohol abuse
  • infection with the human immunodeficiency virus, or
  • sickle cell anemia.
The claimant may
  • authorize disclosure of all protected records, or
  • limit disclosure to one or more categories of protected records.
Reference: For more information on the relationship between 38 U.S.C. 7332 authorization and access to VA electronic system access to claims folder materials, see M21-1, Part I, Subpart i, 2.B.2.g.

I.i.2.B.2.e. VA Forms Providing Legally Sufficient U.S.C. 7332 Authorization
The current version of the VA Form 21-22 or VA Form 21-22a provides legally sufficient 38 U.S.C. 7332 authorization when completed in connection with new or updated representative appointments. A prior form version that would be acceptable to create a new or updated appointment as provided in M21-1, Part I, Subpart i, 2.C.1.c, and M21-1, Part II, Subpart i, 2.B.4.a will also contain legally sufficient authorization language.
References: For more information on

I.i.2.B.2.f. Duration of 38 U.S.C. 7332 Authorization

 When a claimant has completed a 38 U.S.C. 7332 authorization in connection with appointment of a representative using VA Form 21-22 or VA Form 21-22a, the authorization remains in effect until the earliest of the following:
  • the claimant revokes the 38 U.S.C. 7332 authorization by filing a written revocation with VA
  • the claimant revokes the representative’s appointment explicitly, or
  • the claimant implicitly revokes the representative’s appointment by appointing another representative.

I.i.2.B.2.g. 38 U.S.C. 7332 Authorization – Relationship to the Representative’s System Access
To prevent inadvertent disclosure of records protected by 38 U.S.C. 7332, a claimant’s representative may only access VA electronic systems pertaining to the claimant when there is a valid claimant authorization in effect permitting disclosure of all protected records.
A 38 U.S.C. 7332 authorization completed in connection with the representative’s appointment using VA Form 21-22 or VA Form 21-22a remains in effect as provided in M21-1, Part I, Subpart i, 2.B.2.f and is sufficient for purposes of VA electronic system access by that representative if
  • the form was valid at the time it was received
  • the claimant has explicitly authorized the representative to access records protected by 38 U.S.C. 7332, and
  • there are no restrictions described by the Veteran.
The representative may not access VA electronic systems if the claimant
  • has not provided specific authorization to release all records protected by 38 U.S.C. 7332 (including cases where the claimant has provided a limited authorization), or
  • has revoked the 38 U.S.C. 7332 authorization.
Important: Where the appointment of the current representative occurred before a 38 U.S.C. 7332 election was added to the appointment forms, the representative’s access to electronic systems must be restricted unless/until the claimant authorizes access to all records protected by 38 U.S.C. 7332.
References: For more information on

I.i.2.B.2.h. Notification Requirement Where Appointment Forms Lack 38 U.S.C. 7332 Election
If the VA Form 21-22 or VA Form 21-22a used to appoint the claimant’s current representative does not permit release of 38 U.S.C. 7332 protected records, follow the procedure below.
Step
Action
1
  • Send the claimant
    • a current version of the appropriate appointment form, and
    • the Failure to Elect 38 U.S.C. 7332 Letter or equivalent letter.
  • Continue adjudicating the claim with restricted representative access.
2
Did the claimant provide an updated form?
  • If yes, go to Step 3.
  • If no, disregard the remaining step in the table.
Explanation: The RO has no obligation to take further action if the claimant does not return an explicit, valid election with regard to information protected under 38 U.S.C. 7332. The record will contain the notice provided in Step 1 as evidence that the claimant was given an opportunity to provide a valid authorization.
3
Process the updated appointment form as provided in M21-1, Part I, Subpart i, 2.C.1 and 2.
Important:
  • Send the notice provided in this block once. There is no requirement to send it with each new claim. The Failure to Elect 38 U.S.C. 7332 Letter has a readily identifiable subject line so employees can determine whether or not the letter was previously sent.
  • There is no requirement for RO staff to routinely obtain updated authorization for release of records protected under 38 U.S.C. 7332. New and previous appointments remain valid as provided in M21-1, Part I, Subpart i, 2.B.2.f and g.

I.i.2.B.2.i. Handling Claims Folder Reviews by Representatives of Non-Veteran Claimants in Cases Where the Veteran Is Living
Do not allow the representative of a non-Veteran claimant to review the claims folder of a living Veteran except where the claimant is acting on behalf of the Veteran.
Do not furnish the claimant or representative any information or material
  • to which the person is not entitled, or
  • that does not pertain to the claimant alone.
Reference: For more information on representation of a claimant not acting on behalf of the Veteran, see 38 CFR 1.525(a)(2).

I.i.2.B.2.j. Location for Conducting a Claims Folder Review
A representative who holds a written authorization or consent to review a claims folder may review the claims folder within an RO in a space designated for such reviews.
If the authorization or consent is limited, then the representative may review only the information in the claims folder that the Veteran has authorized or consented for the representative to review.
The RO director may permit accredited representatives of service organizations to review a claims folder at the desk of the accredited representative.
References: For more information on

I.i.2.B.2.k. No Authority to Review Rating Decisions Prior to Issuance of a Decision Notice
Accredited representatives (VSOs, attorneys, and claim agents) have no authority – and will not be permitted – to review rating decisions before VA issues a decision notice.
Reference: For more information on historical criteria applicable to VSO review of rating decisions prior to promulgation and issuance of a decision notice, see the attachment to historical M21-1, Part I, 1.B, Historical_M21-1I_1_SecB_2-19-19.