Who Can Legally Help With Your VA Claim

Training is not accreditation

The law says no individual may act as an agent or attorney in preparing, presenting or prosecuting a VA claim unless the Secretary of VA has recognized them for that purpose (38 U.S.C. 5901). VA calls that step accreditation. A class, a certificate or years on the job does not do it.

VA lists three kinds of accredited representatives: VSO representatives, attorneys and claims agents. VA says an accredited VSO representative's help on your benefit claims is always free. An accredited attorney or claims agent can charge fees. See claim sharks and scams for the fee rules.

VA does not assign you a representative. A new appointment replaces your current one.

How a VSO representative gets accredited

A VSO representative is accredited through a recognized organization. 38 CFR 14.629(a) says the organization files a VA form for the person, signed by the person and the organization's certifying official. The organization must certify three things:

• 1The person is of good character and reputation and has shown an ability to represent claimants.
• 2The person is a member in good standing of the organization, or a paid employee working for it at least 1,000 hours a year, or is already accredited with another recognized organization.
• 3The person is not employed by a civil or military department or agency of the United States.

The organization must re-certify each representative within five years of accreditation or the last re-certification. County and tribal veterans service officers have their own separate criteria.

The regulation does not use the word "volunteer." A volunteer who is a member in good standing fits item 2 on its face. Check the individual's status instead of assuming.

What VSO training looks like

Two organizations publish how they train their staff. They measure different things.

• DAVA DAV document lists "16-Month On-the-Job Training for New Hires" for its National Service Officer apprentices. That is initial training for new staff.
• VFWA VFW article says VA requires accredited service officers to spend at least 40 hours a year in training, that VFW makes up to 80 hours available each year, and that its accredited representatives must keep a 70 percent academic average.

The flyer's four-step picture (organization training, supervised practice, VA resources, continuing education) is a fair general description. The regulation itself mentions regular supervision and monitoring for county and tribal officers, not a set curriculum.

Attorneys and claims agents

Attorneys and agents apply to VA on a different form (VA Form 21a). 38 CFR 14.629(b) says:

• AgentApplication, a character and fitness review, and a written exam. A score of 75 percent or more passes, and no one may sit for it more than twice in six months.
• AttorneyApplication and a character and fitness review. VA presumes good character from good standing in a state bar.
• Both3 hours of continuing education in the first 12 months, then 3 more hours on veterans benefits law within 3 years and every 2 years after that.

After accreditation, an attorney represents you by filing VA Form 21-22a. A VSO appointment uses VA Form 21-22.

Law students, legal interns and paralegals cannot be accredited on their own. They may help only under the direct supervision of the attorney of record and with your written consent.

VA Form 21-22 or 21-22a?

Both forms appoint a representative for your VA claims. They are not interchangeable. The one you sign depends on who you are appointing.

• 21-22"Appointment of Veterans Service Organization as Claimant's Representative." Use it to appoint a VSO, such as the VFW, DAV or American Legion. Ask the representative which organization to name on the form.
• 21-22a"Appointment of Individual As Claimant's Representative." VA's page for getting help from an accredited representative says an attorney or claims agent uses this one.
• SigningYou and the representative both sign. VA lists three ways to send it: AccessVA QuickSubmit, mail, or in person at a VA regional office. There is also an online tool.
• ReplacesVA says a new accredited representative replaces your current one.

Can an unaccredited person help with a claim?

Under 38 U.S.C. 5901, preparing, presenting or prosecuting a claim for someone else needs VA recognition. There is one narrow exception for a person who is not accredited.

• One claim38 CFR 14.630 says any person may be authorized to prepare, present and prosecute one claim, one time only. The General Counsel can allow an exception in unusual circumstances.
• No feeYou and the person must sign a statement that no compensation will be charged or paid.
• FormFile VA Form 21-22a with the VA office handling the claim, along with the signed statement.
• Rules applyThe person must follow VA's conduct rules and can be suspended or excluded on the same grounds as accredited representatives.

This is why a buddy cannot quietly prepare your whole claim and call it help. It is also why anyone who charges you without accreditation is a red flag.

Filing your own claim

These rules are about representing someone else. Nothing I read stops you from filing your own claim, and VA does not require a representative. That is my plain reading, not a VA quote. For how to do it yourself, see help your own claim and how a VA claim works.

If you want a free accredited rep, Wounded Warrior Project is one example of an organization with accredited National Service Officers, and VA's search tool lists others. For a lawyer, see free legal help for veterans. If your problem is immigration, VA accreditation does not count there. See military naturalization.

How to check someone before you sign

• AskWho trained you? What supervised practice did you complete? Are you VA-accredited?
• VerifyUse VA's accreditation and recognition search, linked at the top of this page. Do not rely on a certificate they hand you.
• RememberVA says accreditation does not mean VA endorses the person, and does not make them qualified to give financial planning advice. VA says claimants should use caution when choosing a representative.
• ReportVA says violating its practice rules can be grounds for cancelling accreditation. For complaints about pension-related assistance, VA points to the FTC.

What I could not verify

• ?The flyer's "30 to 40 hours" for VFW. I found 40 hours (as VA's requirement, per VFW) and up to 80 offered. I did not find 30.
• ?Whether VA itself sets the 40-hour figure. I saw it only in a VFW article, not in the text of 14.629.
• ?The date of the DAV document with the 16-month figure and whether it is current. Check with DAV.
• ?The flyer's line that volunteer educators can "teach general information and share official resources" while claim-specific help needs accreditation. I found no VA wording that draws that line, so I did not state it as a rule.
• ?How a group becomes a recognized organization (38 CFR 14.628). I did not read it.
• ?The flyer's web address for the accreditation search. I did not open it. Use the VA page linked here.
• ?The statute text I read is a 2011 printing of 38 U.S.C. 5901. I did not check for later changes.