[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR20.603]

[Page 81]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE--Table of Contents
 
                        Subpart G--Representation
 
Sec. 20.603  Rule 603. Representation by attorneys-at-law.

    (a) Designation. An attorney-at-law may be designated as an 
appellant's representative through a properly executed VA Form 22a, 
``Appointment of Attorney or Agent as Claimant's Representative.'' This 
form gives the attorney power of attorney to represent the appellant. In 
lieu thereof, an attorney may state in writing on his or her letterhead 
that he or she is authorized to represent the appellant in order to have 
access to information in the appellant's file pertinent to the 
particular claim presented. For an attorney to have complete access to 
all information in an individual's records, the attorney must provide a 
signed consent from the appellant or the appellant's guardian. Such 
consent shall be equivalent to an executed power of attorney. The 
designation must be of an individual attorney, rather than a firm or 
partnership. An appellant may limit an attorney's right to act as his or 
her representative in an appeal to representation with respect to a 
specific claim for one or more specific benefits by noting the 
restriction in the written designation. Unless specifically noted to the 
contrary, however, designations of an attorney as a representative will 
extend to all matters with respect to claims for benefits under laws 
administered by the Department of Veterans Affairs. Designations are 
effective when they are received by the agency of original jurisdiction 
or, if the appellate record has been certified to the Board for review, 
by the Board of Veterans' Appeals. A properly filed designation made 
prior to appeal will continue to be honored, unless it has been revoked 
or unless the representative has properly withdrawn. Legal interns, law 
students, and paralegals may not be independently accredited to 
represent appellants under this Rule.
    (b) Attorneys employed by recognized organization. A recognized 
organization may employ an attorney-at-law to represent an appellant. If 
the attorney so employed is not an accredited representative of the 
recognized organization, the signed consent of the appellant for the 
substitution of representatives must be obtained and submitted to the 
agency of original jurisdiction or, if the appellate record has been 
certified to the Board for review, to the Board of Veterans' Appeals. 
When the signed consent is received by the agency of original 
jurisdiction or the Board, as applicable, the attorney will be 
recognized as the appellant's representative in lieu of the 
organization.
    (c) Participation of associated or affiliated attorneys. With the 
specific written consent of the appellant, an attorney associated or 
affiliated with the appellant's attorney of record, including an 
attorney employed by the same legal services office as the attorney of 
record, may assist in representation of the appellant and may have 
access to the appellant's Department of Veterans Affairs records to the 
same extent as the attorney of record. Unless revoked by the appellant, 
such consent will remain effective in the event the original attorney of 
record is replaced by another attorney who is a member of the same law 
firm or an attorney employed by the same legal services office. The 
consent must include the name of the veteran; the name of the appellant 
if other than the veteran (e.g., a veteran's survivor, a guardian, or a 
fiduciary appointed to receive VA benefits on an individual's behalf); 
the applicable Department of Veterans Affairs file number; the name of 
the attorney of record; the consent of the appellant for the use of the 
services of the associated or affiliated attorney and for that 
individual to have access to applicable Department of Veterans Affairs 
records; and the name of the associated or affiliated attorney who will 
be assisting in the case. The consent must be filed with the agency of 
original jurisdiction or, if the appellate record has been certified to 
the Board for review, with the Board of Veterans' Appeals. The presiding 
Member at a hearing on appeal may require that not more than one 
attorney participate in the examination of any one witness or impose 
other reasonable limitations to ensure orderly conduct of the hearing.

(Authority: 38 U.S.C. 5901, 5904)

[57 FR 4109, Feb. 3, 1992, as amended at 61 FR 20450, May 7, 1996]

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