[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: 38CFR20.610]

[Page 88-89]
 
            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. 20.610  Rule 610. Payment of representative's expenses in proceedings 
before Department of Veterans Affairs field personnel and before the Board 
of 
          Veterans' Appeals.

    (a) Applicability of rule. The provisions of this section apply to 
the services of representatives with respect to benefits under laws 
administered by the Department of Veterans Affairs in all proceedings 
before Department of Veterans Affairs field personnel or before the 
Board of Veterans' Appeals regardless of whether an appeal has been 
initiated.
    (b) General. Any representative may be reimbursed for expenses 
incurred on behalf of a veteran or a veteran's dependents or survivors 
in the prosecution of a claim for benefits pending before the Department 
of Veterans Affairs. Whether such a representative will be reimbursed 
for expenses and the method of such reimbursement is a matter to be 
determined by the representative and the claimant or appellant. Expenses 
are not payable directly to the representative by the Department of 
Veterans Affairs out of benefits determined to be due to a claimant or 
appellant. Unless required in conjunction with a motion for the review 
of expenses filed in accordance with paragraph (d) of this section, 
agreements for the reimbursement of expenses need not be filed with the 
Department of Veterans Affairs or the Board of Veterans' Appeals.
    (c) Nature of expenses subject to reimbursement. ``Expenses'' 
include nonrecurring expenses incurred directly in the prosecution of a 
claim for benefits upon behalf of a claimant or appellant. Examples of 
such expenses include expenses for travel specifically to attend a 
hearing with respect to a particular claim, the cost of copies of 
medical records or other documents obtained from an outside source, the 
cost of obtaining the services of an expert witness or an expert 
opinion, etc. ``Expenses'' do not include normal overhead costs of the 
representative such as office rent, utilities, the cost of obtaining or 
operating office equipment or a legal library, salaries of the 
representative and his or her support staff, the cost of office 
supplies, etc.
    (d) Expense charges permitted; motion for review of expenses. 
Reimbursement for the expenses of a representative may be obtained only 
if the expenses are reasonable. The Board of Veterans' Appeals may 
review expenses charged by a representative upon the motion of the 
claimant or appellant and may order a reduction in the expenses charged 
if it finds that they are excessive or unreasonable. Such motions must 
be in writing and must include the name of the veteran, the name of the 
claimant or appellant if other than the veteran, and the applicable 
Department of Veterans Affairs file number.

[[Page 89]]

Such motions must specifically identify which expenses charged are 
unreasonable; must set forth the reason, or reasons, why such expenses 
are excessive or unreasonable; must be accompanied by all evidence the 
claimant or appellant desires to submit; and must include a signed 
statement certifying that a copy of the motion and any evidence was sent 
by first-class mail, postage prepaid, to the representative. Such 
motions must be filed at the following address: Office of the Senior 
Deputy Vice Chairman (012), Board of Veterans' Appeals, 810 Vermont 
Avenue, NW, Washington, DC 20420. The representative may file a response 
to the motion, with any accompanying evidence, with the Board at the 
same address not later than 30 days following the date of receipt of the 
copy of the motion and must include a signed statement certifying that a 
copy of the response and any evidence was sent by first-class mail, 
postage prepaid, to the claimant or appellant, setting forth the address 
to which the copy was mailed. Factors considered in determining whether 
expenses are excessive or unreasonable include the complexity of the 
case, the potential extent of benefits recoverable, whether travel 
expenses are in keeping with expenses normally incurred by other 
representatives, etc. Once there has been a ruling on the motion, an 
order shall issue which will constitute the final decision of the Board 
with respect to the motion.
    (e) In addition to whatever other penalties may be prescribed by law 
or regulation, failure to comply with the requirements of this section 
may result in proceedings under Sec. 14.633 of this chapter to terminate 
the attorney's or agent's right to practice before the Department of 
Veterans Affairs and the Board of Veterans' Appeals.

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

(Approved by the Office of Management and Budget under control number 
2900-0085)

[57 FR 4109, Feb. 3, 1992, as amended at 57 FR 38443, Aug. 25, 1992; 67 
FR 36105, May 23, 2002]