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Becoming an Accredited Claims Agent/Attorney

So, you’ve managed to file your own claims and represented yourself the entire time. You may have even won at the BVA and managed to get your effective date back dated over twenty years. You have researched the 38 CFR and probably read more of Manual 21-1 than any VA employee and have even memorized some CAVC case law. So now you are considering taking the next logical step—applying for accreditation!

What Makes an Effective Claims Agent?

An effective claims agent has to be able to manage an extremely wide range of veteran’s issues. Literally, every single VA claim is different and will require the ability to research specific issues.

For example:

  • You may be dealing with whether or not going AWOL as the result of a mental health episode constitutes a bar to VA benefits;

  • The VA continuing to deny a claim, despite a thorough nexus opinion supported by quality medical and lay evidence;

  • Whether a claim for a “sleep disorder” is inclusive of a claim for Sleep apnea; and

  • Many other niche issues.

An effective claims agent MUST have the ability to effectively argue a wide range of topics, not just ones they know based on personal experience.

While there are many other qualities that go into being an effective agent, such as:

  • Managing client expectations;

  • Meeting deadlines; and

  • Maximizing benefits.

One other worth mentioning is: computer skills.

No, you do not need to be a “computer whiz”. However, the VA is moving more and more digital. Through their evidence intake center to Veterans Benefits Management System (VBMS), having some computer ability is critical to represent claimants in today’s VA! If you want to play the game, you have to understand how the VA’s claim management system works, and that will require some level of computer literacy. So, if staring at a computer isn’t for you... you may want to reconsider.

The Process

While the path to becoming accredited is not too complicated, it can be a long path.

Step One: Application

Complete the VA Form 21a—Application for Accreditation as a Claims Agent or Attorney.

Mail your completed application to:

 Department of Veterans Affairs 
 Office of the General Counsel (022D) 
 810 Vermont, Avenue, NW, Washington, D.C. 20420

PRO TIP:

  • The contact information you list on the application WILL be publicly listed on the OGC’s website if you are ultimately accredited. That being said, consider opening a P.O Box, new e-mail, etc. You can change contact information after being accredited by e-mailing the request to ogcaccreditationmailbox@va.gov.

IMPORTANT NOTES:

  • Do NOT e-mail, fax, messenger pigeon, smoke signal, telegraph, or transmit the application in ANY other method! The application says MAIL! Do NOT give the VA an excuse to deny you over something silly!

  • Remember to send your mail with a tracking number.

Step Two: Wait

It is the VA, so hurry up and wait! Within six months, the OGC should e-mail your character references listed on your application. If after that 6 months, your character references have not been contacted by e-mail, kindly e-mail OGC at the above address and request an update.

Step Three: Test

Assuming you pass the character assessment (which can be appealed to the BVA 38 CFR § 14.629(d)(2)(ii)), you will then be invited to participate in an online administered test.

Questions range from how long do you have to appeal a VA decision, to how long can a veteran be incarcerated before benefits cease.

Online study guides are available for purchase. Just be sure you buy them from a reputable company.

For more information on the test, click HERE.

IMPORTANT NOTE:

  • Testing is only done FOUR times a year.

Step Four: Hooray!

Within around two weeks, the OGC will e-mail you notifying you if you passed the exam. Assuming you did, you are now an accredited claims agent/attorney!

It is strongly recommended you invest in the Veteran’s Benefits Manual, as it has important guidance, forms, and information needed for a now professional such as yourself. Regulations governing your representation can be found at 38 CFR § 14.629.

In a nutshell, be honest, file appeals on time, communicate with clients, and you won’t have any problems! Veterans disability law is an extremely niche area of law.

It is important build professional contacts, never guarantee results, and establish rapport with clients.

PRO TIP:

  • Within your first year of accreditation, you MUST obtain three hours of Continuing Legal Education (CLE) hours and more hours after your first year. There are various organizations offering CLE hours, such as NOVA. In addition you MUST annually certify to the OGC that you are in good standing. Example formatting is in the Veteran’s Benefits Manual.

Frequently Asked Questions

    • No, but it can greatly help you understand things (which will go a long way to helping you pass the test) as well as providing you with a stronger resume. So, if you do not have any 'real world' experience, consider volunteering or getting Hired as a VSO before applying.

Credits

References