[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR14.628]

[Page 584-586]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec. 14.628  Recognition of organizations.

    Authorized officers of an organization may request recognition by 
letter to the Secretary of Veterans Affairs.
    (a) National organization. An organization may be recognized as a 
national organization if:
    (1) It was recognized by the Department of Veterans Affairs prior to 
October 10, 1978, and continues to satisfy the requirements of Sec. 
14.628(d) of this section, or
    (2) It satisfies the following requirements:
    (i) Requirements set forth in paragraph (d) of this section, 
including information required to be submitted under that paragraph;
    (ii) In the case of a membership organization, membership of 2,000 
or more persons, as certified by the head of the organization;
    (iii) Capability and resources to provide representation to a 
sizable number of claimants;
    (iv) Capability to represent claimants before the Board of Veterans' 
Appeals in Washington, D.C.; and
    (v) Geographic diversification, i.e., either one or more posts, 
chapters, or offices in at least ten states, or one or more members in 
at least twenty states.
    (b) State organization. An organization created and primarily funded 
by a State government for the purpose of serving the needs of veterans 
of that State may be recognized. Only one such organization may be 
recognized in each State.
    (c) Regional or local organization. An organization other than a 
State or national organization as set forth in paragraphs (a) and (b) of 
this section may be recognized when the Department of Veterans Affairs 
has determined that it is a veterans' service organization primarily 
involved in delivering services connected with either title 38 U.S.C., 
benefits and programs or other Federal and State programs designed to 
assist veterans. The term veteran as used in this paragraph shall 
include veterans, former armed forces personnel, and the dependents or 
survivors of either. Further, the organization shall provide 
responsible, qualified

[[Page 585]]

representation in the preparation, presentation, and prosecution of 
claims for title 38 U.S.C., benefits.
    (d) Requirements for recognition. (1) In order to be recognized 
under this section, an organization shall meet the following 
requirements:
    (i) Have as a primary purpose serving veterans. In establishing that 
it meets this requirement, an organization requesting recognition shall 
submit a statement establishing the purpose of the organization and that 
veterans would benefit by recognition of the organization.
    (ii) Demonstrate a substantial service commitment to veterans either 
by showing a sizable organizational membership or by showing performance 
of veterans' services to a sizable number of veterans. In establishing 
that it meets this requirement, an organization requesting recognition 
shall submit:
    (A) The number of members and number of posts, chapters, or offices 
and their addresses;
    (B) A copy of the articles of incorporation, constitution, charter, 
and bylaws of the organization, as appropriate;
    (C) A description of the services performed or to be performed in 
connection with programs administered by the Department of Veterans 
Affairs, with an approximation of the number of veterans, survivors, and 
dependents served or to be served by the organization in each type of 
service designated; and
    (D) A description of the type of services, if any, performed in 
connection with other Federal and State programs which are designed to 
assist former Armed Forces personnel and their dependents, with an 
approximation of the number of veterans, survivors, and dependents 
served by the organization under each program designated.
    (iii) Commit a significant portion of its assets to veterans' 
services and have adequate funding to properly perform those services. 
In establishing that it meets this requirement, an organization 
requesting recognition shall submit:
    (A) A copy of the last financial statement of the organization 
indicating the amount of funds allocated for conducting particular 
veterans' services (VA may, in cases where it deems necessary, require 
an audited financial statement); and
    (B) A statement indicating that use of the organization's funding is 
not subject to limitations imposed under any Federal grant or law which 
would prevent it from representing claimants before the Department of 
Veterans Affairs.
    (iv) Maintain a policy and capability of providing complete claims 
service to each claimant requesting representation or give written 
notice of any limitation in its claims service with advice concerning 
the availability of alternative sources of claims service. Except as 
provided in paragraphs (d)(1)(iv)(A) and (B) of this section, in 
establishing that it meets this requirement, an organization requesting 
recognition shall submit evidence of its capability to represent 
claimants before Department of Veterans Affairs regional offices and 
before the Board of Veterans' Appeals.
    (A) If an organization does not intend to represent claimants before 
the Board of Veterans' Appeals, the organization shall submit evidence 
of an association or agreement with a recognized service organization 
for the purpose of representation before the Board of Veterans' Appeals, 
or the proposed method of informing claimants of the limitations in 
service that can be provided, with advice concerning the availability of 
alternative sources of claims service.
    (B) If an organization does not intend to represent each claimant 
requesting assistance, the organization shall submit a statement of its 
policy concerning the selection of claimants and the proposed method of 
informing claimants of this policy, with advice concerning the 
availability of alternative sources of claims service.

    Note to paragraph (d)(1)(iv): An organization may be considered to 
provide complete claims service notwithstanding the exercise of 
discretion to determine that provision of representation in a particular 
case is impracticable or inappropriate because, under the circumstances, 
the facts or law do not support the filing of a claim or appeal, an 
appropriate representative-claimant relationship cannot be maintained, 
or representation

[[Page 586]]

would give rise to a conflict of interest on the part of the 
organization.

    (v) Take affirmative action, including training and monitoring of 
accredited representatives, to ensure proper handling of claims. In 
establishing that it meets this requirement, an organization requesting 
recognition shall submit:
    (A) A statement of the skills, training, and other qualifications of 
current paid or volunteer staff personnel for handling veterans' claims; 
and
    (B) A plan for recruiting and training qualified claim 
representatives, including the number of hours of formal classroom 
instruction, the subjects to be taught, the period of on-the-job 
training, a schedule or timetable for training, the projected number of 
trainees for the first year, and the name(s) and qualifications of the 
individual(s) primarily responsible for the training.
    (2) In addition, the organization requesting recognition shall 
supply:
    (i) A statement that neither the organization nor its accredited 
representatives will charge or accept a fee or gratuity for service to a 
claimant and that the organization will not represent to the public that 
Department of Veterans Affairs recognition of the organization is for 
any purpose other than claimant representation; and
    (ii) The names, titles, and addresses of officers and the 
official(s) authorized to certify representatives.
    (e) Recognition or denial. Only the Secretary is authorized to 
recognize organizations. Notice of the Secretary's determination on a 
request for recognition will be sent to an organization within 90 days 
of receipt of all information to be supplied.
    (f) Requests for further information. The Secretary or the 
Secretary's designee may request further information from any recognized 
organization, including progress reports, updates, or verifications.

(Authority: 38 U.S.C. 501(a), 5902)

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-0439.)

[53 FR 52419, Dec. 28, 1988, as amended at 57 FR 33878, July 31, 1992; 
68 FR 8544, Feb. 24, 2003]