By Larry Dandridge
According to the VA’s Accredited Representatives webpage https://bit.ly/42XJXGP, the VA accredits three types of representatives, Veterans Service Organization (VSO) representatives (Veterans Service Officers), attorneys, and agents, to help ensure claimants have access to responsible and qualified representation on their VA claims.
VA-accredited representatives must have good moral character and be capable of providing competent representation, and the VA’s Office of General Counsel is responsible for making those determinations. The accreditation process differs depending on which type of accreditation is being sought. An accredited VSO representative is someone who has been recommended for accreditation by a VSO (VFW, DAV, etc.) that is recognized by VA to assist with benefits claims.
The VSO has certified to the VA that the representative possesses good character and is fit to represent veterans and their families as an employee or member of their organization. An attorney is someone who is a member in good standing of at least one State bar. When an attorney applies for VA accreditation, VA typically presumes that the attorney possesses the good character and fitness necessary to represent veterans and their family members based on the attorney’s state license. An accredited claims agent is someone who is not an attorney but who has undergone a character review by OGC and has passed a written examination.
The VA Office of General Counsel maintains a list, at https://bit.ly/3QnCk5M, of VA-recognized organizations and VA-accredited individuals that are authorized to assist in the preparation, presentation, and prosecution of VA benefits claims. See more at https://bit.ly/41PPiQM.
What is the role of an accredited representative?
A VA-accredited representative can help a veteran and his family understand and apply for any VA benefits they may be entitled to including compensation, education, Veteran readiness and employment, home loans, life insurance, pension,health care, and burial benefits. A VA-accredited representative may also help them to request further review of, or appeal, a VA adverse decision regarding benefits.
VA-recognized VSOs and their VA-accredited representatives
Most of the representation that is provided to claimants on initial benefit claims is performed by VSOs. Among other things, a VSO representative can help veterans and their family members gather any evidence needed and submit a Fully Developed Claim (see https://bit.ly/3CTtFV0) on the veteran’s behalf. A VSO representative can also correspond with VA about the veteran’s or family member’s claim on their behalf. VSOs always provide their representation on VA claims free of charge.
In addition to assisting with VA claims, many VSOs also sponsor a range of Veteran-centric programs such as providing transportation (DAV provides vans and volunteer drivers serving the Ralph H. Johnson VA Medical Center/Clinics) to and from VA medical center appointments, funds, and volunteers for disaster relief, and grants. VSOs also lobby Congress on behalf of issues facing veterans, their families, caregivers, and survivors.
VA-accredited attorneys and claims agents
Typically, VA-accredited attorneys and claims agents perform most of their representation after the VA has issued an initial decision on a claim, which is when attorneys and claims agents are permitted to charge fees for their representation. At this stage of the adjudication process, an attorney or claims agent may be helpful to veterans and their family members in further developing the evidence in support of their claim and crafting persuasive and legal arguments on their behalf to submit to the VA.
Fee for Service
It is important to know that VA-recognized Veterans Service Organizations and their representatives (Veterans Service Officers), provide their services on benefit claims free of charge. Unlike VSOs, VA-accredited attorneys and agents may charge the veteran or their family member a fee for their representation in appealing or requesting an additional review of an adverse VA decision. Only VA-accredited attorneys and claims agents may charge you fees for assisting in a claim for VA benefits, and only after VA has issued an initial decision on the claim and they have complied with the power-of-attorney and the fee agreement requirements.
For information on what to do if you believe you were charged an unreasonable fee by a claims agent or attorney, see the fact sheet on How to Challenge a Fee at https://bit.ly/3fWUNts. More information can be found at the VA General Counsel website https://bit.ly/3WeHLbR.
Find an Accredited-Representative Online
Go to https://bit.ly/3QnCk5M. See last weeks article at https://bit.ly/3W3SgPf.
Find an Accredited Representative at a VA Regional Office
Use the directory of VA-recognized VSOs that are co-located with VA at the VA’s Accredited Representatives webpage at https://www.benefits.va.gov/vso/varo.asp.
Find a Veterans Service Officer in S.C. and Ga.
Find SC County VSOs at https://bit.ly/3qbLVSL. Find GA VSOs at https://bit.ly/44KMVA7.
How to appoint a “local” VSO as your Representative
Veterans should call their local Veterans Service Office and make an appointment with a VSO near them. Being able to meet face-to-face with your VSO and talk with him or her by local phone, email, fax, and mail is convenient and very comforting to most veterans and their families. When you meet with your local VSO, they will have you sign a VA Form 21-22, Appointment of VSO as Claimant’s Representative. You can only be represented by one VSO, attorney, or claims agent at a time.
How to Appoint a VSO or Representative Online
Veterans and their family members should first speak to the VSO before they submit their online request. Veterans may appoint a VSO to represent them online at https://www.ebenefits.va.gov/ebenefits/homepage.
How to Appoint a VSO or Representative by Mail
Veterans may also appoint a VSO by completing VA Form 21-22, Appointment of VSO as Claimant’s Representative. They may appoint an attorney, claims agent, or a specific, individual VSO representative to represent them by completing VA Form 21-22a, Appointment of Individual as Claimant’s Representative.
Mail the form to:
DEPARTMENT OF VETERANS AFFAIRS
CLAIMS INTAKE CENTER
PO BOX 4444
JANESVILLE, WI 53547-4444
How to Remove or Change Representation
Veterans may discharge their representative at any time and for any reason by informing VA in writing. They may also replace their representative with a new representative by filing a new VA Form 21-22, Appointment of VSO as Claimant’s Representative, or VA Form 21-22a, Appointment of Individual as Claimant’s Representative with VA.
If you believe that your VA-accredited representative acted unethically or violated the law, you may file a complaint about your representative with the VA’s Office of General Counsel. For more information on filing a complaint, see the VA’s factsheet at https://bit.ly/41HrjSq. For information on what the VA’s Office of General Counsel can do, and what it cannot do, in response to a complaint regarding representation, review the VA’s factsheet at https://bit.ly/42CBl8J.
Do not miss out on your hard-earned and valuable veterans’ benefits. See your local VSO now.
Larry Dandridge is a Vietnam War wounded warrior, disabled veteran, ex-Enlisted Infantryman, ex-Warrant Officer Pilot, and retired Lt. Colonel. He is a past Veterans Service Officer, a Patient Adviser at the RHJ VA Hospital, the Fisher House Charleston Good Will Ambassador, and the VP for Veteran Affairs for the local Army Association Chapter. Larry is the author of the award-winning book Blades of Thunder and a contributing free-lance writer with the Island News. Contact him at LDandridge@earthlink.net or 843-276-7164.
