[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: 38CFR20.606]

[Page 83]
 
            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. 20.606  Rule 606. Legal interns, law students and paralegals.

    (a) Consent of appellant. If it is contemplated that a legal intern, 
law student, or paralegal will assist in the appeal, written consent 
must be obtained from the appellant. The written 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-at-law; the consent of the appellant for the use of the 
services of legal interns, law students, or paralegals and for such 
individuals to have access to applicable Department of Veterans Affairs 
records; and the names of the legal interns, law students, or paralegals 
who will be assisting in the case. In the case of appeals before the 
Board in Washington, DC, the signed consent must be submitted to: 
Director, Management and Administration (01E), Board of Veterans' 
Appeals, 810 Vermont Avenue, NW., Washington, DC 20420. In the case of 
hearings before a Member or Members of the Board at Department of 
Veterans field facilities, the consent must be presented to the 
presiding Member of the hearing as noted in paragraph (d). 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 another attorney employed by the 
same legal services office.
    (b) Supervision. Legal interns, law students and paralegals must be 
under the direct supervision of a recognized attorney-at-law in order to 
prepare and present cases before the Board of Veterans' Appeals.
    (c) Hearings. Legal interns, law students and paralegals who desire 
to participate at a hearing before the Board in Washington, DC, must 
make advance arrangements with the Director, Management and 
Administration (01E) and submit written authorization from the attorney 
naming the individual who will be participating in the hearing. In the 
case of hearings before a Member or Members of the Board at Department 
of Veterans field facilities in the field, the attorney-at-law not less 
than 10 days prior to the scheduled hearing date must inform the office 
of the Department of Veterans Affairs official who gave notice of the 
Travel Board hearing date and time that the services of a legal intern, 
law student, or paralegal will be used at the hearing. At the same time, 
a prehearing conference with the presiding Member of the hearing must be 
requested. At the conference, the written consent of the appellant for 
the use of the services of such an individual required by paragraph (a) 
must be presented and agreement reached as to the individual's role in 
the hearing. Legal interns, law students or paralegals may not present 
oral arguments at hearings either in the field or in Washington, DC, 
unless the recognized attorney-at-law is present. Not more than two such 
individuals may make presentations at a hearing. The presiding Member at 
a hearing on appeal may require that not more than one such individual 
participate in the examination of any one witness or impose other 
reasonable limitations to ensure orderly conduct of the hearing.
    (d) Withdrawal of permission for legal interns, law students, and 
paralegals to assist in the presentation of an appeal. When properly 
designated, the attorney-at-law is the recognized representative of the 
appellant and is responsible for ensuring that an appeal is properly 
presented. Legal interns, law students, and paralegals are permitted to 
assist in the presentation of an appeal as a courtesy to the attorney-
at-law. Permission for a legal intern, law student, or paralegal to 
prepare and present cases before the Board may be withdrawn by the 
Chairman or presiding Member at any time if a lack of competence, 
unprofessional conduct, or interference with the appellate process is 
demonstrated by that individual.

(Authority: 38 U.S.C. 5904, 7105(b)(2))

[57 FR 4109, Feb. 3, 1992, as amended at 61 FR 20450, May 7, 1996; 61 FR 
29028, June 7, 1996]

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